THE  UNIVERSITY 


OF  ILLINOIS 


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APR  3 7 1916 


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DIGEST  OF  THE  CHAETEE 


AND  THE 


REVISED  ORDINANCES 

OF  THE 


CITY  OF  ST.  LOUIS, 

TOGETHER  WITH 


THE  CONSTITUTION  OF  THE  UNITED  STATES  AND  TTIAT  OF  THE  STATE 
OF  NIISSOUEI,  AND  THE  SEVERAL  ACTS  OF  THE  GENERAL 
ASSEMBLY  RELATING  TO  THE  CITY. 


PUBLISHED  BV  AUTHORITY  OF  THE  COMMON  COUNCIL,  UNDER 
THE  SUPERVISION  OF 

J.  a.  WOERNKR. 


ST.  LOUIS: 

M’KEE,  FISHBACK  & CO.,  CITY  PRINTERS. 

18G0  . 


a- 


li  K P O R T . 


To  the  Honorable  the  Common  Council  of  the  City  of  St.  Louis  : 

Tlie  undersigned  takes  pleasure  in  laying-  before  your  honorable  body 
the  Eevision  of  City  Ordinances,  of  a general  and  permanent  nature,  as 
in  force  at  the  beginning  ot  your  present  session. 

These  ordinances  were  originally  reported  to  and  passed  by  your 
lionorable  Imard  at  its  tu-st  session  in  the  year  1864-5,  but  it  was  deemed 
inexpedient  to  print  them  before  the  adoption  of  the  new  Charter,  then 
being  prepared  by  tlie  Convention  elected  for  the  purpose.  In  order  to 
render  the  revision  accessible  for  tlie  use  of  the  Council  and  city  officers, 
until  tlie  official  pulilication  should  be  made,  the  reviser  prepared  an 
elaborate  index  to  the  revised  ordinances,  as  contained  in  the  pi-inted 
slips  from  the  newspapers  bound  foi-  the  Common  Council,  which  volume 
has  been  used  by  you  until  the  present  time.  But  in  the  spring  of  1865 
the  General  Assembly  adjourned  without  having  adopted,  or,  indeed, 
acted  upon,  the  bill  submitted  to  them  by  the  Charter  Convention;  where- 
upon the  Common  Council  ordered  the  printing  of  the  revised  ordinances 
in  book-form.  Two  stated  sessions  of  the  Council  having  intervened 
between  the  report  of  the  revision  and  this  order  for  its  publication,  and 
a further  session  being  certain  to  be  held  before  the  manuscript  could 
be  prepared  for  the  printer,  it  became  indispensable  to  incorporate  into 
the  revision  the  changes  and  amendments  elfected  during  all  of  this  time, 
so  that  the  printed  volume  might  contain  the  ordinances  as  in  force  at 
the  beginning  of  the  last  (present)  session  of  the  Council  before  its  pub- 
lication. The  work  of  revising  and  indexing  was,  therefore,  necessarily 
done  twice ; which,  together  with  some  unavoidable  delays  in  the 
mechanical  execution  of  the  work,  will  account  for  its  late  appearanca;. 

Few  changes  were  ventured  upon  in  the  classilication  of  the  ordH- 
nances.  tSuch  as  may  be  found  were  made  with  the  view  of  simplifying 
their  arrangement  and  rendering  the  conhnits  more  perspicuous,  and  are 
suggested  by  the  plan  of  the  revision  of  1861,  by  Cuakles  11.  Tillson, 
Esq.,  which  was  generally  followed  in  this  work. 

It  is  hoped  that  the  side-notes  appended  to  the  ordinances,  and  a fidl 
ali)habetical  index  referring  to  the  article  and  section  of  each  ordinance 
in  which  a given  subject  may  be  found,  in  lieu  of  the  head-notes  hei'eto- 
fon*  in  use,  will  facilitate  research. 

Tdie  various  charters  and  laws  ai)plicable  to  the  city  have  l)een  carefnlly 
digested,  and  will  be  found,  ai-ranged  in  the  form  of  an  act,  in  the  body 
of  the  work,  with  an  accurate  reference  to  the  original  acts,  also  to  be 
found  in  the  volume. 


‘i-i5566 


ii 


R E P O li  T . 


A tabular  list  of  the  city  oflicers  anti  committees  of  the  Common 
Council  for  the  current  fiscal  year,  with  the  compensation  and  amount 
of  bond  fixed  for  each,  is  inserted,  and  may  be  of  service. 

The  rates  for  the  use  of  water  being  difficult  to  find  in  the  body  of 
the  ordinance,  an  alpliahetical  table  of  water-rates  is  also  annexed,  for 
more  convenient  reference. 

Tlie  list  of  Majmrs,  Aldermen,  and  Delegates  of  the  City  of  St.  Louis 
is  brought  down  from  its  incorpoi'ation,  in  1823,  to  the  present  time,  and 
may  he  relied  on  as  correct,  being  compiled  from  the  original  records 
of  the  City  and  Common  Council. 

Py  hir  the  greatest  amount  of  labor  has  been  expended  in  the  endeavor 
to  prepare  a thorough,  full,  and  perspicuous  index  to  the  Ordinances,  the 
Digest,  and  the  New'  Constitution  of  Missouri.  As  it  is  impossible,  in  a 
work  of  this  kind,  to  attain  that  perfection  of  system  wdiich  determines 
for  each  particular  subject  its  precise,  logically-necessary  place,  where 
it  may  he  found  with  unerring  certainty,  the  alphabetical  index  becomes 
an  indispensable  necessity  for  the  use  of  the  work.  If  the  indexes  sub- 
mitted should  accomplish  their  object,  in  giving  ready  access  to  any 
subject-matter  treated  of  in  the  body  of  the  work,  their  apparent 
prolixity  will  he  excused,  and  the  labor  of  your  reviser  will  not  have 
been  in  vain. 

The  w'ork  is  submitted  with  a conlident  reliance  upon  your  generosity 
that  you  w'ill  pardon  any  defects  or  errors  therein  which  may  suggest 
themselves  to  you. 

I have  the  honor  to  he. 

Your  obedient  servant, 

J.  G.  WOEKNER,  Reviser. 

January^  1866. 


TABLE  OF  CONTENTS. 


CONSTITUTION  OF  THE  UNITED  STATES 3-13 

CONSTITUTION  OF  THE  STATE  OF  MISSOURI 14— 3G 

INCORPORATION  OF  THE  TOWN  OF  ST.  LOUIS 37 

LAWS  CONCERNING  THE  TOWN  OF  ST.  LOUIS 37—39 

CHARTERS  AND  LAWS  CONCERNING  THE  CITY  OF 

ST.  LOUIS 39—175 

DIGEST  OF  CHARTERS  AND  LAWS 177—281 

CENSUS 283— 285 

COMMON  COUNCIL  AND  ORDINANCES 28G— 294 

COUNSELOR  AND  ATTORNEY 294—297 

ELECTIONS  AND  OFFICERS 298—315 

ENGINEER  DEPARTMENT 315—344 

FINES  AND  PENALTIES 344-345 

FIRE  DEPARTMENT 345—308 

FUND  COMMISSIONER 309 

HARBOR  DEPARTMENT 370—395 

HEALTH  DEPARTMENT 390—430 

HOUSE  OF  REFUGE 430—431 

INSPECTION  DEPARTMENT 434—440 

LAND  COMMISSIONER 440—455 

MARKETS 450-478 

MAYOR 479—482 

MISDEMEANORS 482—499 

MULLANPH\:  EMIGRANT-RELIEF  FUND 499—501 

NEW  LIMITS 502—505 

PARKS  AND  PUBLIC  SQUARES 505—508 

POLICE  COURT 508—523 


iv  TABLE  OF  CONTENTS. 

Page. 

PRINTING 523-525 

PUBLIC  CARRIERS 525—544 

REGISTER 544—547 

REVENUE 547-589 

SCALES  AND  WEIGHERS 589-G04 

WARDS G04— 607 

WATER  C03IM1SS10NERS G07-G19 

WATERWORKS  DEPARTMENT G19— 642 

WORKHOUSE 643—652 

TABLE  OF  JMAYOR  AND  COUNCILMEN,  1865-6 653 

TABLE  OF  CITY  OFFICERS,  SALARIES,  ETC 654—659 

TABLE  OF  WATER-RATES 660 

CHRONOLOGICAL  TABLE  OF  MAYORS  AND  COUN- 
CILMEN  661—670 

INDEX  TO  CONSTITUTION  OF  MISSOURI 671—685 

INDEX  TO  CHARTERS  AND  LAWS 687—702 

INDEX  TO  REVISED  ORDINANCES 703—773 


CONSTITUTION 

OF 

THE  UNITED  STATES. 


VVe,  the  people  of  the  United  States,  in  order  to  form  a more  perfect 
union,  establisli  justice,  insure  domestic  traiKpiility,  provide  for  the 
common  defense,' promote  the  g-eneral  welfare,  and  secure  the  blessings 
of  liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish  this 
Constitution  of  the  United  States  of  Ameri(;a. 

AUTICLE  I. 

SECTION  I. 

J.  All  legislative  pow(‘rs  herein  granted  shall  be  vested  in  a ('ongi-ess  of 
the  United  States,  which  shall  consist  of  a Senate  and  House  of  Kepre- 
sentatives . 


SECTION  II. 

1 . The  House  of  Reprc'sentatives  shall  be  comiiosed  of  memb(;rs  chosen 
every  second  year  by  tlie  j)eo])l(^  of  tin;  s(‘veral  Stat(‘s;  and  the  electors  in 
each' State  shall  have  th(‘  (pialilieations  re(pusite  for  electors  of  the  most 
numerous  branch  of  the  State,  L(‘gislatur<‘. 

2.  No  yierson  shall  b(‘  a Keiiresentative  who  shall  not  hav(^  attained  to 
the  age  of  t\venty-tiv(i  y(“ars,  and  becai  seviai  yc'ars  a citizcai  of  the  United 
States,  and  who  shall  not,  when  elected,  b(^  an  inhabitant  of  that  State  in 
which  he  shall  be  chosen. 

3.  K('pres(‘ntatives  and  din'ct  taxes  shall  b(^  a])portl()n(Hl  among  the 
several  States  which  may  be  inchuUMl  within  this  Union,  according  to  their 
respective  numbers,  which  shall  b(‘  determiiu'd  by  adding  to  the  whole 
numlier  of  tre(^  p(‘rsons,  including  those  bound  to  s(*rvice  for  ti  term  ot 
y<‘ars,  and  (‘xcluding  Indians  not  taxed,  tbree-lifths  of  all  otluM’  pei’sons. 
'The  actual  enumeration  shall  mad(‘  within  three  years  aft(M-  tlui  tirst 
meeting  of  the  (jongr('ss  of  the  United  Stahls,  and  within  (*very  subsetpient 
t<‘rm  of  ten  years,  in  such-manner  as  they  shall  by  law  diri'ct.  d'ln;  num- 
b(n-  of  llepn'sentatives  shall  not  exceed  one  for  (ivery  thirty  thousand,  but 
(^ach  States  shall  have  at  l(‘ast  one  Ih*pi'es(mtativ(‘;  and  until  such  (‘numera- 
tion shall  be  made;,  the  State  of  New  Hampshire  shall  b(‘ (‘utitled  to  choose 
thr(!(!;  Massacliusidts,  (‘ight;  Rhode  Island  and  Rrovid(‘nc(^  Plantations, 
one;  (>)nn(‘cti(;ut,  liv(‘;  New  York,  six;  N(‘W  Jersey,  four;  P(nmsylva- 
nia,  (‘ight;  Delawan*,  one;  Maryland,  six;  Vli’ginia,  ten;  North  Caiolina, 
live;  and  Ceoigia,  threx^ 

4.  When  vacanems  hapiien  in  the  r(‘pr(‘sentalion  from  any  State,  the 
executive  authoi-ity  thereof  shall  issue  writs  of  election  io  till  such 
vacancies. 

5.  The  House  of  Repixisiiiitatives  shall  (Jioose  tlu'ir  Spcxiker  and  other 
otricers,  and  shall  have  the  sole  power  of  impeachment. 


4 


CONST rJ'lJTlON  OF 


SECTION  111. 

1.  Tlio  Soiiuto  of  tlio  Unit(‘(1  Stiitos  sliall  be  composed  of  two  Semitois 
from  each  Slab*,  cboseii  ])y  the  Legislature  tliereof,  for  six  years,  and  each 
Senator  shall  ha, ve  one  Yoie. 

2.  Immediately  after  they  shall  have  assembled  in  conseipience  of  the 
lirst  election,  tiiey  shall  be  divided,  as  (‘C|nally  as  may  be,  into  three 
classes.  The  seats  of  the  Senators  of  the  tii'st  class  shall  be  vacated  at  tin* 
expiration  of  the  second  year,  of  the  second  class  at  the  exi)iration  of  tlu* 
fourth  year,  and  of  the  tliird  class  at  the  exiiiration  of  the  sixth  year,  so 
that  one-third  may  be  chosen  every  second  year;  and  if  vacancies  happen, 
by  resignation  or  otherwise,  dnrino-  tlie  recess  of  the  rve^islatiire  of  any 
State,  the  executive  thereof  may  make  temjiorary  appointments  until  the 
next  meeting’  of  the  Legislature,  which  shall  tlien  till  such  vacancies. 

3.  No  iierson  shall  lie  a Senator  who  shall  not  have  attained  to  the  age 
of  thirty  yeai’s  and  been  nine  years  a citizen  of  the  Lnited  States,  and  who 
shall  not,  when  elected,  be  an  inhal)itant  of  that  State  for  which  he  shall 
l)e  chosen. 

4.  The  Vice  President  of  the  L^nited  States  shall  be  President  of  the 
Senate,  but  shall  have  no  vote,  unless  they  l)e  equally  divided. 

5.  'Idle  Senate  shall  choose  tlieir  other  officers,  and  also  a President 
tempore  in  the  absence  of  the  Vice  President,  or  when  he  shall  exercise 
the  office  of  President  of  the  ITnited  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeachments.  When 
sitting  for  that  purpose  they  shall  be  on  oatli  or  affirmation . AVhen  the 
President  of  the  United  States  is  tried,  the  ( 'hief  Jnstice  shall  preside: 
and  no  i)erson  shall  be  convicted  withont  the  concnrrence  of  two-thirds  of 
the  members  present. 

7.  Judgment  in  cases  of  impeachmeht  shall  not  extend  further  than  to 
the  removal  from  office  and  dis(pudification  to  hold  and  enjoy  any  office  of 
honor,  trust  or  i)rofit  under  the  United  States;  but  the  party  convicted 
shall,  nevertheless,  be  liable  and  subject  to  indictment,  trial,  judgment 
and  punishment,  according  to  law. 

SECTION  IV. 

1.  The  times,  jJaces  and  manner  of  holding  elections  for  Senators  and 
Reiiresentatives  shall  be  iirescribed  in  eacll  State  by  the  Legislatmai 
thereof;  but  the  (bmgress  may,  at  anjMime,  bylaw,  make  or  alter  such 
regulation,  except  as  to  the  iJaces  of  choosing  Senators. 

2.  The  Congi-ess  shall  assendde  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall  by 
law  appoint  a ditterent  day. 

SECTION  V. 

1.  Each  House  shall  be  the  judge  of  the  eUctions,  returns  and  qualifi- 
cations of  its  own  members;  and  a majority  of  each  shall  constitute  a 
(piornm  to  do  business;  but  a smaller  number  may  adjourn  trom  day  to 
(lay,  and  may  be  authorized  to  conqiel  the  attendan(*e  of  absent  members, 
in  such  manner  and  under  such  pen:dti(*s  as  (*ach  House  may  provide. 

2.  Each  House  may  determine  tbe  rnh^s  of  its  proceedings,  ])nnish  its 
members  for  disorderly  behavior,  and,  with  the  concnrrence  of  two-thirds, 
exp(‘l  a member. 

3.  Each  House  shall  keep  a journal  of  its  ])roceedings,  and  from  time  to 
time  publish  the  same,  excepting  such  jiarts  as  may,  in  their  jndgni(*nt. 
require  secrecy ; and  the  yeas  and  nays  of  the  memb(*rs  of  (‘ither  House, 
on  any  question,  shall,  at  the  desire  of  one-fifth  of  those  i)re.sent,  be 
enterc'd  on  the  journal. 

4.  Neither  lionse,  during  the  session  of  Pongress,  shall,  without  tlu* 
(‘.onsent  of  the  other,  adjourn  for  more  than  thn'c^  days,  nor  to  any  other 
place  than  that  in  which  the  two  Houses  shall  be  sitting. 

SECTION  VI. 

1.  The  Senators  and  R(*presentatives  shall  receivi?  a.  compc'nsation  foi- 
their  services,  to  be  ascertained  by  law  and  j)aid  out  of  the  J'reasnry  of 


Till:  UNrrEi)  states. 


the  United  States.  They  shall,  in  all  eases,  exeei)t  treason,  felony,  and 
hrc'ac'h  of  the  peac'e,  he  })rivile^ed  from  ai’rest  dnrin<>‘  th(*ii'  attendance  at 
the  session  of  their  respective  Houses,  and  in  i^’oin«'  to  and  retin-nin<^-  from 
the  sani(‘;  and  for  any  si)e('ch  oi-  debate,  in  either  House,  they  shall  not 
l)c‘  (piestioned  iu  any  other  i)lace. 

'2.  jVo  Senator  or'l\ei)resentative  shall,  durin«-  the  time  for  which  he  was 
elected,  he  a])pointed  to  any  civil  oltice  under  tiie  authority  of  the  I'nited 
States,  Avhich  shall  have  been  created,  or  the  emoluments  whereof  shall 
have  been  increased  during- such  time;  and  no  person,  holding-  any  ottice 
under  the  United  States,  shall  be  a member  of  either  House  during-  his 
continuance  in  ottice. 


SECTION  YII. 

1 . All  bills  for  raising-  revenue  shall  originate  in  the  House  of  Eepre- 
sentatives;  but  the  Senate  may  proiiose  or  concur  with  amendments,  as 
on  other  bills. 

2.  Every  bill  -which  shall  have  passed  the  House  of  Eepresentatives  and 
the  Senate,  shall,  before  it  becomes  a law,  be  presentecl  to  the  President 
of  the  United  States;  if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall 
retm-n  it,  with  his  objections,  to  that  House  in  winch  it  shall  have  origi- 
nated, w ho  shall  enter  the  objection  at  large  on  their  journal,  and  proceed 
to  reconsider  it.  If,  after  such  reconsideration,  two-thirds  of  that  House 
shall  agree  to  ])ass  the  bill,  it  shall  be  sent,  together  with  the  olijections, 
to  the  other  House,  by  w'liich  it  shall  likewise  be  reconsidered,  and,  if 
a])proved  by  two-third's  of  that  House,  it  shall  become  a law.  Eut  in  all 
such  cases,  the  votes  of  both  Houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  persons  voting  for  and  against  the  bill  shall  be 
entered  upon  the  journal  of  each  House  resjiectively . If  any  bill  shall 
not  be  returned  by  the  President  within  ten  days  (Sundays  exc(*pted)  after 
it  shall  have  been  presented  to  him,  the  sanu;  shall  be  a law  in  like  manner 
as  if  he  had  signed  it,  ludess  the  Pougress,  by  their  adjournment,  pre- 
vent its  return,  in  w'hich  case  it  shall  not  be  a law'. 

3.  Every  order,  resolution,  or  vote,  to  which  the  concurrence  of  the 
Senate  and  House  of  Eepresentatives  imiy  be  necessary,  (except  on  a 
(piestion  of  adjournm(uit),  shall  be  presented  to  the  President  of  the 
United  States;  and  before  the  same  shall  take  ettect,  sliall  lie  approved  by 
him,  or,  being  disappi-oved  by  him,  shall  be  repassed  by  two-thirds  of 
the  Senate  and  House  of  Eei)resentatives,  according  to*  the  rules  and 
limitations  prescribed  in  the  case  of  a bill. 

SECTION  VIII. 

The  Congress  shall  have  pow'er — 

1.  To  lay  and  collect  taxes,  duties,  imiiosts  and  excises;  to  pay  the 
debts  and  ]n-ovide  for  the  (;ommon  detense  and  general  welfai-t*  of  the 
Ihiited  States;  but  all  duties,  imposts  and  (‘xcises  shall  be  uniform 
throughout  the  United  Stat(*s: 

2.  d'o  bori-ow'  money  on  the  crc'dit  of  the  United  States: 

3.  d'o  regulate  conmu'i-ci*  with  foreign  nations,  and  among  the  several 
States,  and  with  the  Indian  triln's: 

4.  To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws  on 
the  subject  of  banki-uptcies  Ihroughout  the  United  States: 

^ 5.  4V)  coin  money,  r(*gulate  the  value  thereof,  and  of  foreign  coin,  and 
ttx  the  standard  of  w eights  and  measui-cs: 

().  To  pi-oviile  foi-  th(*  ])unishment  of  counterfeiting-  the  securities  and 
current  coin  of  tlu;  United  States: 

7.  d'o  establish  i)ostottic(*s  and  post  roads: 

^ 8.  To  ])romote  the  progress  of  science  and  useful  arts,  by  secui-ing.  for 
limitcMl  times,  to  authors  and  invcmtors,  the  exclusive  right  to  their 
respective  WTitings  and  discoveries: 

9.  To  constitute  ti-ibunals  inferior  to  the  Supreim*  Court:  To  deline  and 
punish  piracies  and  felonies  committed  on  the  seas,  and  ottenses  against 
the  law's  of  nations: 

10.  To  declare  w'ar,  gi-ant  letttu-s  of  mar(pie  and  rei)risal,  and  make 
rules  concerning  captures  on  land  and  w'ater: 


6 


coNSTrnrrroN  of 


]l.  To  raise  and  siipjx)!!  armies;  but  no  a])])roi)riation  of  money  to  that 
use  slnill  be  for  a lon<2:er  t('rm  tlian  two  years: 

12.  To  provide,  and  maintain  a navy: ' . 

13.  dV)  make  rules  for  the  govei-nment  and  regulation  of  the  land  and 
naval  forces : 

14.  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the 
Union,  sui)press  insurrections,  and  repel  invasions: 

15.  To  i)rovide  for  organizing,  arming,  and  disciplining  the  militia, 
and  for  governing  such  part  of  tliein  as  may  Ik*  ein])loyed  in  tlie  service  of 
the  United  States,  n^serving  to  the  States,  respectively,  the  a])pointmenl 
of  the  ollicers  a)id  the  authority  of  training  the  militia  according  to  the 
disci])line  })rescrihed  by  Uongivss: 

It).  d\)  exercise  exclusive  legislation,  in  all  cases  whatsoever,  over 
such  district  (not  exceeding  ten  miles  s<inar(\)  as  may,  by  (;ession  of 
particular  States,  and  the  acceptance  of  CU)ngr(‘Ss,  become  the  seat  of 
government  of  the  United  States,  and  to  exercise  like)  authority  over  all 
places  pm-(‘hased,  by  the  consent  of  the  L(*gislatur(‘  of  the  Stab*  in  which 
the  same  shall  be,  for  the  erection  of  folds,  magazines,  arsenals,  dock 
yards,  and  other  needful  buildings:  and 

17.  To  make  all  laws  which  shali  be  necessary  and  proper  for  carrying 
into  execution  the  foregoing  powers,  and  all  other  powers  vested  by  tins 
( 'onstitution  in  the  Government  of  the  United  States,  or  in  any  department 
or  otiicer  thereof. 

SECTION  IX. 

1.  'Fhe  migration  or  importation  of  su(*h  jiersons  as  any  of  the  Stat(*s 
now  existing  shall  think  proper  to  admit,  shall  not  be  prohibited  by 
(kmgress  prior  to  the  year  one  thousand  eight  hundred  and  eight,  but  a 
tax  Or  duty  may  be  impo.si'd  on  such  impoi-tation,  not  (‘xceeding  ten 
dollars  for  each  iierson. 

2.  The  ])rivilege  of  the  writ  of  habeas  corpus  shall  not  lx*  suspended, 
unless  when,  in  cases  of  rebellion  or  invasion,  the  public  safety  may 
requii'e  it. 

3.  No  bill  of  attainder  or  ex  post  faefo  law  shall  be  passed. 

4.  No  cajiitation  or  other  dir(*ct  tax  shall  be  laid,  unless  in  proportion 
to  the  census  or  other  enumeration  hereinbefore  directed  to  be  taken. 

5.  No  tax  or  duty  shall  l)e  laid  on  artich's  exported  from  any  Stab*. 
No  ])i-eference  shall  be  given  l)y  any  regulation  of  commerce  oi*  revenue  to 
the  poi'ts  of  one  State  over  those  of  another;  nor  shall  vessels  bound  to  or 
from  one  State  be  obliged  to  entei*,  clear,  or  ])ay  duties  in  another. 

().  No  money  shall  be  drawn  from  tlx*  treasury  but  in  consequence  of 
approyiriations  mad(*bylaw;  and  a regular  statelnent  aiul  account  of  the 
receipts  and  exp(*nditures  of  all  i)ublic  money  shall  be  published  from  time 
to  tinu*. 

7.  No  tith*  of  nobility  shall  be  granted  by  the  Ihiited  States,  and  no 
j)erson  holding  any  olhee  of  protit  or  trust  under  them,  shall,  without  tlu* 
consent  of  Gongiess,  accept  of  any  present,  otli(*e,  or  tith^  of  any  kiml 
whatever,  from  any  king,  prince  or  foreign  state. 

SECTION  X. 

1.  No  State  shall  ('liter  into  any  tieaty,  alliance,  or  confederation; 
grant  letb*rs  of  marcpie  and  reprisal;  coin  moiu'v;  (*mit  bills  of  (*redit; 
mak(‘  anything  but  gold  and  silver  a tend(*r  in  iiayment  of  debts;  jiass  any 
bill  of  attaimh'.r,  ex  post  facto  law,  or  law  impairing  the  oliligation  of 
contiTicts;  or  grant  anv  title  of  nobility. 

2.  No  Static  shall,  w'ithout  the  consent  of  the  (Umgress,  lay  any  inqiosts 
or  duti(*s  on  inqxirts  or  ('xjxirts,  exceiit  what  may  lx*  absolutely  lU'cessarv 
for  executing  its  insjieetion  laws;  and  tlie  net  jiroduce  of  all  duties  and 
imposts,  laid  by  any  State  on  inqiorts  or  exports,  shall  be  for  the  us('  of 
the  'Treasury  of  the  tlnited  Stab's,  and  all  such  laws  shall  be  subj(x*t  to  tlx* 
revision  and  control  of  the  (.ongniss.  No  State  shall,  without  the  (‘onsi'iit 
of  ( -ongress,  lay  any  duty  on  tonnage,  keep  troops  or  ships  of  war  in  tinx* 
of  p(aic(!,  (mb;r  into  aiiy  agreement  or  (*ompact  Math  another  Stab*,  with  a 
foreign  ix)wer,  or  engage  in  war,  unless  actually  invaded,  or  in  such 
imminent  danger  as  will  not  admit  of  dc'lay. 


rilio  UNITED  STA  PES. 


Ali/ri(M.E  II. 

SECTION’  1. 

1.  'The  (*x(*(‘utiv('  power  shall  1)(‘  vested  iu  a Eresid(Mit  of  the  llriihal 
Stahvs  of  Anieriea.  He  shall  hold  his  otlice  diiriog-  the  term  of  four  years, 
and.  toaetlua-  Avith  the  A'iee  President,  eliosen  for  tli(‘  same  term,  he 
el(*e,red  as  follows: 

•2.,  Each  State*  shall  ap])oint,  in  such  maimer  as  tlie  la'^islatnre*  thereof 
may  dire'et,  a mmih(*r  of  electors,  eepial  to  the  whole  mimher  of  Senators 
ami  I{e])resentatives  to  Avhieh  the  State  may  be  (*iititied  in  the  ('onsi-ress: 
hnt  no  Senator  or  lh*pres(*ntatiYe,  or  person  hoidin<>’  an  otfiee  of  trust  or 
profit  nndei-  the  United  States,  shall  lie  appoint(*d  an  elector. 

The  electorH  sha//  meet  in  their  respecMve  States'  and  vote  by  ballot  for  tiro 
persons,  of  whom  one  at  least  s/adl  not  be  an  inhabitant  of  the  same  State  with 
themselves.  And.  they  shall  make  a list  of  all  the  persons  voted  for,  and  of  the 
number  of  votes  for  each:  which  list  they  shall  sign  and  certify  and  transmit 
sealed  to  the  seat  of  government  of  the  United  States,  directed  to  the  President  of 
the  Senate.  The  President  of  the  Semite  shall,  in  presence  of  the  Senate  and 
House  of  Representatives,  open  all  the  certificates,  and  the  votes  shall  then  be 
counted..  The  person  having  the  greatest  number  of  rotes  shall  be  President,  if 
such  number  be  a majority  of  the  whole  number  of  electors  ajipovnted : and  if 
there  be  more  than  one  who  have  such  majority,  and  have  an  ecpial  number  of 
votes,  then  the.  Jfouse.  of  Representatives  shall  immediately  choose  by  ballot  one 
(f  them  for  President : ami  if  no  person  have  a majority,  then  from  the  five  highest 
on  the  list,  the  said  House  shall,  in  like  manner,  choose  the  President.  Hut  in 
choosing  the  President,  the  vote  shall  be  taken  by  States,  the  Representation  from 
cadi  State  having  one  lade:  a <piorum  for  this  purpose  shall  consist  of  a member 
or  members  from,  two-thii-ds  of  the  States,  and  a majority  of  all  the  States  shall 
be  necessary  to  a.  choice.  In  every  case,  after  the  choice  of  the  President,  the 
person  having  the  greatest  number  of  votes  of  the  electors  shall  be  the  Vice  Presi- 
dent. But  if  there  should  retnain  two  or  more  wtio  have  equal  votes,  the  Senate 
shall  choose  from  them,  by  Indlot,  the  Vice  President. 

4.  The  (4>n»’ress  may  d('t('rmin(*  the  time  of  choosino’  the  (‘.lectors,  and 
1h(*  day  on  which  th(‘y  shall  ^Ia'c  their  vote's;  whie*h  elay  shall  he  the  same* 
threeii^iiont  the*  Unite*el  State's. 

5.  ish)  jiersein,  exe-e'jit  a natural  hoiai  citize*n,  or  a <‘itlze*n  eif  the  Unite'd 
Slates  at  the  time*  eif  the  adoption  of  this  ( 'onstitntion,  shall  he  (*li<»'ihle*  to 
the^  otlicei  eef  Pre'siele*nt;  n(*i1h<*r  shall  any  pe*rson  he  e*li”'ihle  to  that  otlie'e* 
who  shall  ne)t  have  attained  the*  a<><*  of  thirty-live  y(*ars.  anel  been  te)nrt(*e*n 
ye*ars  a I'esiek'nt  within  the*.  Unite*d  States. 

(>.  In  case  of  the  re'inoval  of  the*  Pre*side*nt  fi-om  ollie*e,  oi- of  his  ele*ath. 
re'si^iiation,  e>r  inahility  to  elisehar^’e*  the*  pow(*rs  and  dntie*s  eif  tin*  saiel 
otiice*,  the  same*  shall  elcAoive*  on  the*  N’ie-e*  Pre*siele*nt,  anel  Ihe;  (4)n^re*ss 
may,  hy  law,  jii’eivlele  feer  the  e*ase*  e>f  re*me)val,  eleath,  re'sioiiation , eer 
inahility,  heith  of  Hie*  Pre*siele*nt  anel  \’ic(*  Pre*siele*iit , eleM-larin^'  what  e>t!ie‘e‘r 
shall  the*n  act  as  Pre!siele*nt,  anel  such  e)llie-e*r  shall  then  ae*t  ae.‘e.'e)relin;L!'ly . 
until  the*  elisahility  he*  re*me)\e*el , oi*  a Pre*siele*nt  shall  he^  e'le'e'teal . 

7.  'riie*  Pre'siele'iit  shall,  at  slate-el  time's,  re'e-e-ixe*  leer  ids  se‘rvice*s  a 
e‘e)mi)e*nsatie)n , whie-h  sliall  ne*ithe*i‘  he*  ine*re*ase*el  eer  eliminishe'el  elman^  the* 
pe*rie)el  lorxvhieth  he*  shall  have*  he*e*n  e*le*e-te'el , anel  he  shall  met  i-e*e*e'ive  within 
that  ])e*i‘ie)el  any  e)the*r  eme)lmne*nt  freem  Hie*  Unite*el  State's,  en*  any  e»f  the*m, 

S.  Jie-feei-e*  he*  e*nle*rs  npeni  the*  e*xe*e-ntie)n  eef  his  eellie'e,  he;  shall  take*  the* 
fe»lle)win‘*-  eeath  or  allirmatieni: 

1).  “I  DO  seei.EMNLY  SWEAR  (e)r  allirin)  'iiiat  1 wile  EArTiiFCLi.v 
EXKea'TE  riiE  e)EKi(’E  of  President  eeF  iiiE  United  States,  and  will, 
lO  THE  rest  of  my  ARILI  I’V.  I'RESERA'E,  I'ReiTECT,  AND  DIOFEN  D I'llE 
t ’e)NS'iTTi’'ne>N  en-'  the  UNirEi)  States." 

SECTION  il. 

1 . The*  Presielent  shall  he*  etenninaneler-in-chief  of  the*  army  anel  navy  ol 
the;  Uniteel  Statens,  and  of  the  militia  e)f  the  .several  State's,  whe*,n  calleel 
into  the  actual  .service  of  the;  Unite*el  State's;  he  may  ivejuire;  the;  eipinion. 
in  writing’,  of  the  prineiiial  e)ll}e*e*r  in  each  e)f  the  exe;cutive*  elopartme*nts. 


('oxsrnT  'i'iox  of 


tS 

111)011  ;iny  subject  rebitiiio’  to  tlie  duties  ot  their  resiieetive  ofliees;  iuid  lie 
slinll  luiv(‘  i)ow(*r  to  oraiit  r('])rieves  and  pardons  for  otfeiisi's  a«aiust  tlie 
I'nitiMl  Slates,  except  in  easi's  of  iinpi'aernnent. 

2.  lie  shall  hav(‘  pOAver,  by  and  Avith  the  advice  and  consent  of  tlu* 
Senate,  to  make  treaties,  ])rovided  tAvo-thirds  of  the  Senators  ])resent 
(‘oncnr;  and  he  shall  nominate,  and,  by  and  AAith  the  advice  and  consent 
of  the  Senate,  appoint  ambassadors,  other  pulilic  ininishM-s  and  (consuls, 
.Judges  of  the  Supreme  (k)urt,  and  other  otficers  of  tin'  United  States, 
Avliose  aiipointments  are  not  herein  otherAAise  jirovided  for,  and  Avhich 
shall  be  established  by  hiAV.  l>ut  the  Congress  may,  by  law,  A'est  the 
ap])ointment  of  such  infei'ior  otiicers  as  tirey  may  think  ]n-o])(n'  in  the 
President  alone,  in  the  courts  of  hiAV,  or  in  the  heads  of  deiiartments. 

3.  The  President  shall  liaAC  i)OAAa*r  to  till  up  all  A’acancies  that  may 
ba])pen  during-  the  recess  of  the  Senate,  by  granting-  commissions  Avliicii 
shall  expire  at  the  end  of  their  next  session. 

SECTIOX^  HI. 

1.  lie  shall,  from  time  to  time,  giA'c  the  ('ongress  information  of  the 
state  of  the  Union,  and  recommend  to  their  consideration  such  measures 
as  he  shall  Judge  necessary  and  ex])edient;  he  may,  on  (‘xtraordinary 
occasions,  convene  both  Houses,  or  either  of  them,  and  in  ease  of  disa- 
greement between  them.  Avith  respect  to  the  time  of  adjournment,  he 
may  adjourn  them  to  such  time  as  he  shall  think  projicr;  In*  shall  receive 
ami)assadoj-s  and  otlnn- juiblic  ministers;  he  shall  take  care  that  the  Uiaa's 
be  faithfully  executed;  and  shall  commission  all  the  otficers  of  the  United 
States. 


SECTION  IV. 

1.  The  President,  Vice  President,  and  all  civil  offie(*rs  of  the  United 
Stab'S,  shall  be  remoATd  from  othce  on  imjH'aclmient  for,  and  eoiiA'iction 
of,  treason,  bribery,  or  other  h.igh  crimes  and  misdemeanors. 

A R 'r  I C L E 1 1 I . 

SECTION  I. 

i . 'file  judicial  poAA'cr  of  the  United  States  shall  be  AX'sted  in  one  Suin-i'ine 
(’ou)-t,  and  in  such  inferior  eourts  as  the  Congress  may,  from  time  to 
time,  ordain  and  estalilish.  Tlu' judge's,  both  of  the  Sujire'me  and  inferior 
(*,ourts,  shall  hold  their  otfiees  during-  good  behavior,  and  shall,  at  stated 
times,  receive  for  their  service's  a com])e'nsation,  Avhich  shall  not  lie  elimin- 
isheel  eluring  their  e'ontinuance  in  ottice. 

SECTION  II. 

1 . The  judicial  power  shall  extend  to  all  eases  in  hiAV  and  eepiity , arising 
under  the  (^institution , the'  laws  eif  the;  Unite'd  States,  and  ti-e'atie's  maele. 
e)r  Avhie-h  shall  be  made,  unde'r  their  authority;  to  all  e-ase's  aliecting 
ambassaelors,  or  either  jniblie*  ministers  anel  consuls;  te)  all  e-ases  eif  aehni- 
i-alty  and  maritime' jurisdictiein ; to  conti-OAX'rsies  to  Avhie'h  the  United 
State's  shall  be  a ])arty;  te)  e'ontreive'rsie's  betAveen  tAve)  eir  more  States, 
be'tAvex'ii  a,  State  anel  e-itizens  of  aneithe!-  State',  be'tAA'e'cn  e-iti/e'iis  eif  ditferent 
States,  bt'tAA  een  e-itize'iis  eif  the  same  State',  e'laiming  lanels  nneler  grants  eif 
elitfe'i-ent  States,  anel  be'tAve'cn  a State,  eir  the'  citizens  thereeif,  anel  fen-eign 
State's,  citizens  eir  subjects. 

2.  In  all  e-ases  affe'e-ting  ambassaeleirs,  eithe'r  publie-  ministers  anel  e-einsuls. 
anel  thei.se  in  whiedi  a State'  shall  be  a party,  the'  Supreme  Ceiui-t  shall  have- 
eiriginal  jurisdie-tiein . In  all  the  either  e*ase's  be'feii-e  me'utieme'el,  the  Supreme- 
( tiurt  .shall  have  appe'llate' juriselictiein.  beith  as  tei  hiAV  anel  tei  fae-t,  with 
sne-h  e;xe-e'])tie)ns  anel  unelei-  sue-h  re'gulatiems  as  tbe'  Ceingi-e-ss  shall  make-. 

I).  d'he*  trial  of  all  e-i-inu's.  e'xe-e'jit  in  e-ase-s  eif  impe'ae-lmu'nt,  shall  be-  by 
jui-y : anel  sued)  trial  shall  be*  be-lel  in  tbe*  State*  Avbe*i-e*  tbe*  saiel  e-rime- shall 
have*  be*en  e-eimmitte'el ; lint  whe-n  neit  e-eimmitte-el  witbin  any  State-,  Ibe-  ti-ial 
<ball  be  at  such  jilaces  as  the  Congi-ess  may,  by  law,  have*  elii-e-e-teel . 


TUK  UNITKI)  STA^PES. 


9 


SKCTION  III. 

1.  ^'roason  apiiiist  the  United  States  shall  eonsist  only  in  lev3Mn^'  war 
ao-ainst  them  oi-  in  adlu-rino-  to  th(*ir  (Munnies,  o’ivino-  them  ai(l  and  eornfoi-t. 
No  iK'rson  shall  1h‘  eonvieti'd  of  treason,  nidess  on  tlu?  testimony  of  two 
witnesses  to  the  same  ovmd  aet,  or  on  eonfession  in  ojien  court. 

2.  d'lu'  C’oiiii'ress  shall  have  jiower  to  de(*lare  the  jinnishment  of  treason, 
hnt  no  attain(U*r  of  treason  shall  work  corruption  of  blood,  or  forfeiture, 
except  during-  the  life  of  the  person  attainted. 

ARTICLE  IV. 

SECTIOX  T. 

1.  Full  faith  and  ciedit  shall  be  given  in  each  State  to  the  public  acts, 
records,  and  judicial  jn-oceedings  of  every  other  State.  And  the  Congress 
may,  by  general  laws,  prescribe  the  maimer  in  which  such  acts,  records, 
and  proceedings  shall  be  proved,  and  the  effect  thereof. 

SriCTlON  II. 

1 . The  citizens  of  each  State  shall  he  entitled  to  all  privileges  and  immu- 
nities of  citizens  of  the  several  States. 

2.  A jiei'son  charged  in  any  State  with  treason,  felony,  or  other  crime, 
who  shall  llee  from  justice,  and  he  found  in  another  State,  shall,  on 
demand  of  the  exeiaitive  authority  of  the  State  from  which  he  lied,  he 
delivered  uj),  to  be  remov(*d  to  the  State  having  jurisdiction  of  the  crime. 

3.  No  person  held  to  sei-vice  or  lalior  in  one  State,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or 
regulation  therein,  b(‘  discharged  from  such  service  or  labor,  biit  shall  be 
delivered  ni),  on  claim  of  the  partv  to  whom  such  service  or  labor  mav 
be  due. 

SECTION  III. 

1.  New  States  may  be  admitted  by  Congress  into  this  Union;  but  no  new 
State  shall  be  fornuMl  or  erected  within  the  jurisdiction  of  any  other  State, 
nor  any  State  be  forim'd  by  the  junction  of  two  or  more  States,  or  parts 
of  States,  without  the  consent  oi'  the  Legislatures  of  the  States  concerned, 
as  well  as  of  the  Congress. 

2.  Th(^  Coiigri'ss  shall  hav(*  l)o^^(*r  to  disiiose  of  and  make  all  needful 
rules  and  regulations  ri'spectiug  the  territory,  or  other  projierty,  helong- 
ing  to  the  United  States;  and  nothing  in  this  Constitution  shall  be  so 
constriK'd  as  to  iirejudice  any  claims  of  the  United  States,  or  of  any 
[larticiilar  State. 

SEI’TION  IV. 

1.  ''IMiii  United  States  shall  guarantee  to  every  State  in  this  Union  a 
re])ubli(tan  form  ot  government,  and  shall  jirotect  each  of  them  against 
invasions;  and  on  application  of  the  Legislature,  or  ot  the  Executive 
(when  the  Legislature  cannot  be  convened),  against  domestic  violence. 

ARTICLE  V. 

1.  ddie  Congress,  whenever  two-thirds  of  both  Houses  shall  deem  it 
nec(*ssary,  shall  proiiose  amendnumts  to  this  ('onstitution,  or,  on  the 
application  of  the  Legislatures  of  two-thirds  of  the  several  States,  shall 
call  a convention  for  projiosing  anumdinents,  which,  in  either  case,  shall 
be  valid,  to  all  intents  and  purjioses,  as  part  of  this  (’onstitntion,  when 
ratitl(*d  by  the  Legislaturi's  of  thrc^e-foiirths  of  the  several  States,  or  b}' 
conventions  in  thre(‘-fourths  tlun-eof,  as  the  one  or  the  otlun-  mode  of 
rati li(;at ion  may  be  projio.sed  by  the  Congriiss:  I'rovided,  That  no  aimmd- 
ment  which  may  Ix^  madi^  jirior  to  the  yi'ar  one  thousand  eight  himdn'd 
and  eight  shall,  in  any  manner,  alhxd  tin*  tirst  and  fourth  clauses  in  the 
ninth  si'ction  of  tin*  tirst  ai-tich*;  and  that  no  State,  without  its  consent, 
shall  b(!  deprived  of  its  (“(]ual  suffrage  in  the  Senate. 


10 


CONSTITUTION  OF 


AR'JICLE  Vr. 

1.  All  (lol)ts  contraeted,  and  on^a^oinonts  entei’ed  into,  b(dbrc  th(‘ 
udoption  of  the  Constitution,  shall  l)e  as  A^alid  ao’ainst  the  United  States, 
undei-  this  Constitution,  as  undei’  the  eonfederation . 

2.  This  Constitution,  and  the  laws  of  the  Ihiited  States  which  shall 
he  made  in  pursuance  thereof,  and  all  treaties  niad(‘,  or  which  shall  he 
made,  uuder  the  authority  of  the  Ihiited  States,  shall  he  the  supreme 
law  of  the  land;  and  the  judges  in  every  Stat(‘  sliall  he  hound  therehy. 
anything  in  the  Constitution  or  laws  of  any  State'  to  the  contraiy  notwith- 
standing. 

3.  'Jdie  Senators  and  Re])resentatives  IxTore  mentioned , and  the  nnanhers 
of  the  several  State  Legislatures,  and  all  executive  and  judicial  olticers. 
both  of  the  United  States  and  of  the  sev(*ral  States,  shall  he  hound,  by 
oath  or  athrniation,  to  su])port  this  Constitution;  hut  no  re'ligious  test 
shall  ever  he  required  as  a qualitication  to  any  office  or  public  trust  under 
the  United  States. 


AirncLE  VII. 


1.  The  ratitication  of  the  conventions  of  nine  States  shall  he  sufficient 
for  file  establishment  of  this  (>)nstitution  between  the  States  so  ratifying 
the  same. 

Done  in  Convention,  by  the  unanimous  consent  of  tlu*  States  })r(^se)it,  the 
seventeenth  day  of  Se])temher,  in  the  year  of  oiu-  Lord  one  thousand 
seven  hundred  and  eighty-seven,  and  of  the  independence  of  the  United 
States  of  America  the  twelfth-  In  witness  whereof,  Ave  have  hereunto 
subscribed  our  names. 

GEORGE  AVLVSIIING dT)N , 

President  ^ and  Deputy  from  Viryinia. 


NEW  IIAMPSinilK. 

John  Langdon, 
Nicholas  Gilman.. 

MASSACHUSETTS. 

Nathaniel  Gorman, 
IluFUS  King. 

NEW  JERSEY. 

William  Livingstxjn, 
David  Rkearly, 
William  Patterson, 
Jonathan  Dayton, 

PENNSYLVANIA. 

Benjamin  Franklin, 
JhiOMAS  Mifflin, 

Robert  Morris, 

Georgf]  ('lymer, 

'fllOMAS  FiT/SIMMONS, 
Jared  Ingersol, 

James  Wilson, 

G OVIORNEUR  MoRRIS- 
delaware. 

George  Reed, 

Gunning  Bedford,  Jr., 
John  Dickinson, 
JOcHARD  Basset, 

Jacob  Broom. 


CONNECTICUT. 

William  Samuel  Johnson. 
JloGEK  Sher.aian. 

NEW  YORK. 

A i,EX ANDER  Hamilton  . 

MARYLAND. 

James  McHenry. 

Daniel  of  St.  Tho.  Jenifer. 
Daniel  C'arroll. 

VIRGINIA. 

John  Blair, 

James  Madison,  Jr. 

NORTH  (CAROLINA. 

William  Blount, 

Richard  Dobbs  Spaight, 
Hugh  Williamson. 

SOUTH  CAROLINA. 

John  Rutledge, 

ChAS.  (h)TESWORTH  PiNKNEV. 
< hi  ARLES  PiNKNEV, 

Pierce  Butler. 

GEORGIA. 

William  Fem^ 

Abraham  IJaldwin. 


TIIK  I NITKI)  STATES. 


11 


IN  (M)NVExNTl()N. 

Monday,  Sepiember  ITffA,  1787. 

Er(*s{‘nt:  The  States  of  N(nv  llaiiipshire,  Massaelmsetts,  ('oniieeticut, 

Mr.  Hamilton  from  Xew  York,  New  J(*rs(*y,  Pennsylvania,  Delaware, 

Araiylaiul,  Viiyinia,  North  (Carolina,  South  Carolina,  and  Georgia.. 

1 . Resobtrd,  That  the  ])r('eedin«-  Gonstitnti(m  he  laid  before  the  Uniteil 
States  in  Con^Tess  assembled,  and  that  it  is  the  oi)inion  of  this  Convention 
that  it  should  afterwards  he  submitted  to  a eonvention  of  delegates  chosen 
in  each  State  by  the  ])eo])l(‘  thereof,  under  the  recommendation  of  its 
layislatnre,  for  their  assent  and  ratitication.  and  that  each  convention 
assenting’  to,  and  ratifying-  the  same,  should  give  notice  thereof  to  tiiie 
l'nit(*d  States  in  Cong'ress  assembled. 

2.  Resolved,  That  it  is  the  oi)inion  of  this  Convention,  that  as  soon  as 
the  conv(mtions  of  nine  States  shall  have  ratitied  this  (Constitution,  the 
United  States  in  Congress  assembled , should  fix  a day  on  which  electors 
should  be  a])i)ointed  by  tin*  States  which  shall  have  ratitied  the  same, 
and  a day  on  which  the  electors  should  asscnnble  to  vote  for  the  President, 
and  the  time  and  ])lace  foi- commencing  ])roceedings  under  this  Consti- 
tution. TChat  after  such  i)ublication,  the  electors  should  be  appointed, 
and  the  Senators  and  PepiH'seiitatives  electecl.  That  the  electors  should 
meet  on  the  day  tixed  for  the  election  of  the  President,  and  should  trans- 
mit their  votes,  certitied.  signed,  sealed  and  directed,  as  the  ('onstitution 
requires,  to  the  Secr(*taiy  of  the  United  States  in  Congress  assembled; 
that  the  Senatoi’s  and  Jle])resentativ(ss  should  convene  at  the  time  and 
place  assigned ; that  the  Senatoi's  should  apjtoint  a Pr(‘sident  of  the  Sen- 
at(*  for  the  sob*  pui-pose  of  loceiving,  opening  and  ('ounting  the  votes  for 
l^resident;  and  that  after  he  shall  be  chosen,  the  (l)ngress,  together  with 
the  President,  should,  without  dtday,  ])roceed  to  execute  this  Constitution. 

Jiy  the  unanimous  oi’der  of  tlu*  Convention; 

GEOPGE  AVASIlINGd'ON,  President. 

William  .Iacksox,  Secretary. 


[Th(^  conventions  of  a number  of  the  States  having,  at  the  time  of  their 
adopting  the  Constitution,  exjjressed  a (b'sin*.  ill  order  to  prevent  mis- 
construction or  abuse  ol  its  ])owa‘rs,  that  further  declaratory  and  re- 
strictive clauses  should  be  added,  dingn'ss,  at  the  session  Ix'gun  ami 
hdd  at  tlH‘ city  of  New  York,  on  Wediu'sday,  the  4th  of  March,  1780, 
proposed  to  tin*  Legislatures  of  th('  several  States  twelva*  amendments, 
ten  of  which  only  were  adopted,  d'hey  ar('  tin*  ten  lirst  following.] 

AMENDMENTS  TO  THE  CONSTITUTroN. 

AirricLE  I. 

(Impress  shall  make,'  no  law  ri'sjiecting  an  <‘stablishment  of  religion,  or 
prohibiting  1h(‘  fre(‘  exercisi'  thereot;  or  abridging  the  fr(;edoni  of  speecti, 
or  of  th(^  pri'ss;  or  the  right  of  tlu^  ])(‘opl(*  peaceably  to  assmnbli*  ami 
f)(‘tition  th(‘  government  foi’  a redress  of  griiwanccs. 

Air  ricLE  II. 

A well  regulated  militia  bdng  lu'cessaiy  to  the  security  of  a the  State, 
the  right  of  tin*  peop!(‘  to  ke<‘p  and  bear  arms  shall  not  b(‘  infringed. 

Airri('i,E  111. 

No  soldier  shall,  in  time  of  peae.e,  b(‘.  (piarhaHMl  in  any  house  without 
th(‘  (ionsent  of  the  owner;  nor  in  time  of  war.  but  in  a manner  to  be  pre- 
scribed by  law. 


12 


coNS'rrrr'rioN  of 


ARTICLE  IV. 

'File  of  tlic  i)0O])le  to  be  seeui'e  in  tlieir  ix'isons.  bouses,  i)a])ers 

Mild  efieebs  M<*-ainst  nnreasonalile  .seareli(*s  and  .seizures,  sliall  not  be  viola- 
ted; and  no  wan-ants  sliall  issue,  but  niion  jirobable  cause,  supiiorted  by 
oatli  or  attirination . and  particularly  describin«-  the  place*  to  be  searclu'd 
and  tlie  pei’sons  or  things  to  be  .seized. 

AiriTCT.E  V. 

No  iierson  shall  be  held  to  answer  for  a capital  or  otlu*rAvise  infamous 
crime,  unless  on  a iiresentment  or  indictment  of  a grand  jury,  except  in 
cases  arising  in  the  land  or  naval  forces,  or  in  the  militia,' when  in  actual 
service,  in  time*  of  war  or  public  danger;  nor  shall  any  p(*rson  be  subject 
for  the  same  otfensi*  to  be  twice  put  in  jeopard}"  of  life  or  liml);  nor  shall 
lie  be  compelled,  in  any  criminal  case,  to  lie  a \vitness  against  himself; 
nor  be  dt*prived  of  life,  liberty  or.proiierty,  without  due  process  of  law; 
nor  shall  private  property  be  taken  for  public  use  without  just  compen- 
sation. 

ARTICLE  YI. 

In  all  criminal  prosecutions  the  accused  shall  enjoy  the  right  to  a speedy 
and  ])ublic  trial,  by  an  impartial  jury  of  the  State  and  disti-ict  whereiii 
the  crime  .shall  have  been  committed,  which  district  shall  have  been  pre- 
viously ascertained  liy  law,  and  to  be  informed  of  the  nature  and  cause  of 
the  aceu.<ation ; to  be  confronted  with  the  witnes.ses  against  him;  to  have 
('ompulsory  process  for  obtaining  ’s\'itnesses  in  his  favor;  and  to  hav(*  the 
assistance  of  counsel  for  his  defense. 

ARITC’LE  YII. 

In  suits  at  common  law,  where  the  value  in  controvers}'  shall  exceed 
twenty  dollars,  the  right  of  trial  by  jury  shall  be  preseiwed;  and  no  fact 
tried  'l)y  a jury  shall  be  otherwik*'  re-examined,  in  any  court  of  the 
Lbiited  States,  than  according  to  the  rules  of  the  commou  law. 

ARTICLE  YIII. 

Excessive  bail  .shall  not  be  reipiired,  nor  excessive  hues  impo.sed,  nor 
cruel  and  unusual  puuishments  iiillicted. 

ARTICLE  IX. 

The  enumeration,  in  the  .Con.stitntion,  of  certain  j-ights,  .diall  not  be 
construed  to  deny  or  disparage  others  retained  by  the  people. 

ARTICLE  X. 

The  powei-s  not  deh'gated  to  the  United  States  by  the  Constitution,  nor 
prohibited  by  it  to  these  States,  are  reserved  to  the  States  respectively,  or 
to  the  people. 


ARTICT.E  Xr. 

I'lie  judicial  power  of  the  I’nited  States  shall  not  be  construed  to  ex- 
tend to  any  suit  in  law  or  (“qiiity,  commenced  or  iiro.secutc'd  against  one  of 
the  United  States  by  citizens  o’f  anotber  State,  or  by  citizens  or  subjects 
of  any  foreign  State. 

ARTICLE  XII. 

U The  electors  shall  meet  in  their  i-esiiective  States,  and  vote  by  ballot 
for  Ib'esident  and  Vdee  Rrc'sident,  one  of  whom,  at  l(*ast,  shall  not  lx*  an 
inhabitant  of  th(*  same  State  with  th(*ms(*lves;  tin*}"  shall  nanu*  in  theli' 
ballots  the  person  voted  for  as  I’resident,  and  in  ilistinct  ballots  the  per- 


1'11K  UNi  PKl)  S^rA'I'ES. 


i;; 

son  voted  for  ;is  \'icn  I’rcsidcMit ; iind  tlu'V  .shall  inak(‘  dlstiiict  lists  of  all 
l)(M-sons  vot(Ml  foi-  as  ri-esichait , and  of  all'  ix'rsons  yohal  for  as  \dc(*  Prcsi- 
d(‘nt,  and  of  the  nnndx'r  of  \'ofes  for  (aieh,  whieh  lists  they  shall  si^^ii  and 
e(‘rtify,  and  transmit,  s(*aled,  to  tin*  s(‘at  of  ( Jovernnu'iit  of  the,  Ihiited 
State's,  dire'cted  to  the*  Presld(*nt  of  tlu;  Senate;  the  Pr(*sid(‘nt  of  the  Sen- 
ate shall,  in  tlu*  in-<*s(*nee  of  the*  Senate  and  Ilonse*  of  Kej)r('s<‘ntatives', 
open  all  the*  (*(*rtilieates,  and  the*  votes  shall  then  be  counted;  the  pei'seni 
having’  the  ^i-eate'st  nninher  of  votes  for  Pr('sid(*nt  shall  he  the  Pr(*sid(*nt, 
if  sneh  ninnlx'r  he  a majority  of  the  whole*  inmiber  e)f  (*l(*ete)]-s  ai)i)e)inte*el ; 
anel  if  ne)  perseni  have  sneh  a majen-ity,  the*n  frenn  the  persons  havino-  the* 
highest  mimhei's,  ne)t  exceeelino-  three,  on  the  list  of  tho.se  ve)te*el  tor  as 
President,  the*  House  of  Representatives  shall  choose  imme*eliately . l)y 
ballot,  the*  Pi-e*sident.  But  in  choosing’  the  President  the  ve)te  shall  be 
taken  by  States,  the  re])resentatie)n  fre)m  each  State  having  one  vote*;  a 
epie)rmn  feer  this  jeiirpose  .shall  consist  eef  a member  or  members  from  twee- 
thirels  of  the  State's,  anel  a majeerity  e»f  all  the  States  shall  be*  nee*essai-y  to 
a choice.  Anel  if  the  Jlonse  ejf  Re'*presentatives  shall  not  choose  a Pr'esi- 
elent,  whenever  the  right  e)f  choice  .shall  elevolve  upon  them,  before  the* 
tburth  elay  of  March  next  following,  then  the  Vice  President  shall  act  as 
Presielent,  as  in  the  case  of  the  eleath  or  other  constitutional  disalhlity 
eh'  the  Presielent. 

2.  The  ])ei-se)n  having  the  greatest  number  of  votes  as  Vice  Presielent 
shall  be  Vice  President,”  if  such  number  be  a majority  of  the  whole  num- 
])er  of  electe)i-s  appehnted;  and  if  no  person  have  a niaje)rity,  then  fre)m 
the  twe)  highe.st  mnnbe_*rs  on  the  list  the  Senate  shall  choejse  the*  Me*e  Presi- 
dent; a epie)rmn  tor  the  ])nrpe)se  shall  consist  of  two-thirels  e)f  the*  whe)le 
number  of  Senators,  and  a majority  of  the  wlmle  number  shall  be  neces- 
sary te)  a e'hoice*. 

3,  But  no  jeerson  constitiitie)nally  ineligible  to  the  ojtie*e  of  Presiele*nt 
shall  be  eligible  to  that  of  Vice  Pre.side*nt  eef  the  United  States. 

ARTICLE  XIII. 

Jf  any  citizen  eef  the  United  State's  shall  ae-e-e'pt,  e*laim.  re*e*eive.  or 
retain  any  title  eef  nobility  or  honor,  eer  shall,  witheeut  the  (Consent  of  Con- 
gress, ae*cei)t  anel  retain  any  pre*se*nt,  leension,  ehtice  e»r  e*me)hnne*nt.  of 
any  kinel  whatevei-,  from  any  emi)e*re)r,  king,  ])rince,  or  feei-eign  pe)we*r, 
sue'h  i)e*]-se)n  shall  e*ease  to  lee  a citize*n  e)f  the*  lhiite*el  States,  anel  shall  be 
incaieable*  eef  heeleling  any  ollie*e  eef  trust  eer  lerotit  nnele*r  the*m.  or  eithei-  of 
them. 

[Xh)TE. — The*  llth  artie'le*.  eef  the*  amendme*nts  to  the  ( 'onstitntion  ^^  as 
])re)])e)se*d  at  the  se*e*ond  se*ssion  of  the  thirel  Congre*ss;  the^  I2th  ai-tie*le*  at 
the  tirst  se'ssieen  eef  the*,  eighth  ('eengress;  anel  the*  I3th  article*  at  the*  se*e‘ond 
se.ssion  of  the*  e*leventh  Ceengress.] 


CONSTITUTION 


OF 

THE  STATE  OF  MISSOURI. 


We,  the  Peo})le  of  the  State  of  Mis.^oiiri,  o'rateful  to  Almighty  God,  the 
Sovereign  Ruler  of  Nations,  for  onr  State  Government,  our'liberties,  and 
our  connection  with  the  Ameiican  Union,  and  acknowledging  our 
dependence  upon  Him  for  the  continuance  of  those  blessings  to  ns  and 
our  posterity,  do,  for  the  more  certain  security  thei-eof,  and  for  the  better 
government  of  this  State,  ordain  and  establish  this  Revised  and  Amended 
Constitution : 

ARTICI-E  I. 
i)E(;laration  of  rights. 

'i'hat  the  general,  great,  and  essential  ])rinciples  of  liberty  and  free 
government  may  be  recognized  and  established,  and  that  the  relations  of 
this  State  to  the  Union  and  Government  of  the  United  States,  and  those 
of  the  ])(^o])le  of  this  State  to  the  rest  of  the  American  people,  may  be 
defined  and  affirmed . we  do  declare' — 

1 . That  w('  hold  it  to  be  self-evident,  that  all  men  are  endowed  by  their 
Creator  with  certain  inaliena])le  rights,  among  which  are  life,  lilx'rty,  the' 
enjoyment  of  the  fruits  of  their  own  labor,  and  the  ])ursuit  of  hap])iness: 

2.  That  there'  can  not  ])e  in  this  State  e'ither  slaveiy  or  involuntary 
.servitude,  e'xcept  in  ])iini,shment  e)f  crime',  where'eef  the  VaiTy  .shall  have 
Ijee'ii  duly  e-onvie'teel : 

3.  That  no  ])erse)n  can,  ern  account  of  e*e)lor,  be  elisejualified  as  a witne'ss; 
or  be  elisable'el  t;e)  e*ontract,  otherwise  than  as  othei-s  are  eli.sabh'el;  or  be' 
prevented  fremi  aeapiiring,  herleling.  and  tran.smitting  pre)]K'rty;  err  be' 
liable  to  any  e»th('r  ])nnishment  foi-  any  offen.se',  than  that  imjeerseel  upon 
othe'-rs  ferr  a like  offense;  err  be  restricted  in  the  exere*ise  of  re'ligierus 
worsliij);  or  be  hinelereel  in  ae'.quiring  eehu'ation ; or  be  snl)jee*te'd,  in  law, 
to  any  otju'r  restraints  err  elisejualiticatieens,  in  re'gard  te)  any  jeersernal 
rights,  than  .such  as  are  laid  upon  erthers  uneler  like  earciunstances: 

4.  That  all  ])e)litie'al  peewer  is  ve'sle'el  in  and  derived  from  the  people; 
that  ;dl  gerve'rnment  e)f  right  erriginate's  from  the  ])e'e)plep  is  tbuneleel  ui)on 
their  will  eenly,  anel  is  in.stituteel  seeU'ly  tor  the'  geroel  erf  the'  whole': 

5.  That  the'  pe'erple  erf  this  State  have^  the  iiibei-ent,  .serle,  anel  exe'hisive 
right  erf  re'gulating  the  internal  ge)ve*rnment  anel  ]rerlie'e  thereerf,  and  erf 
altering  and  aberli.shing  their  Ckrnslitnf ion  and  ferrm  erf  gervei-nme'nt, 
wbene'ver  it  may  Ire^  neeaissary  ter  tlu'ir  safety  anel  hapjriness;  but  eve'iy 
.sue:b  right  sheruld  be'  exercised  in  puisuane'e'  erf  law,  anel  e'ernsistently  with 
tiie  Cernstitution  erf  the'  llniteal  States: 

tr.  That  this  State'  shall  e've'r  remain  a me'inbe'r  erf  the*  Anu'rie'an  Uniern; 
that  the' pe'erjrle'  thereof  are  a jrart  erf  the;  Amei'le'an  Natiern;  and  that  all 
atte'injrts,  trerm  whate've*.i‘  serurcer  eri-  iqrern  whatever  pre'te'xl , ter  disserlve' 
,saiel  Uniern,  err  ter  .sever  .said  Natiern,  erught  to  be  re'siste'el  with  the  wherh' 
power  erf  the  State':, 


coNSTiTirriON  of  tuv:  s'lW'rE  of  Missouri. 


15 


7.  Tluit  evoiy  citizen  of  tliis  State  owc^s  paramount  allegiance  to  the 
Constitution  and  Government  of  the  United  States,  and  that  no  law  or 
ordinance  of  this  State  in  contravention  or  subversion  thereof  can  have 
any  binding  force: 

8.  That  "the  people  have  the  right  ])eac(‘al)ly  to  assemble  for  their 
common  good,  and  to  apjdy  to  those  vested  with  the  powers  of  govei’n- 
ment  for  redress  of  grievances,  by  petition  or  remonstrance;  and  That 
tlieir  right  to  bear  arms  in  defense  of  themselves,  and  of  the  lawful 
authority  of  the  Stab?,  can  not  be  questioned: 

9.  That  all  men  have  a natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences;  that 
no  person  can,  on  account  of  his  religions  opinions,  be  rendered  ineligible 
to  any  office  of  trust  or  profit  under  this  State,  nor  be  disqualified  from 
testifying,  or  from  se]‘ving  as  a juror;  that  no  human  authority  can 
control  or  interfere  with  the  rights  of  conscience;  and  that  no  person 
ought,  by  any  law,  to  be  molested  in  his  person  or  estate  on  account  of 
his  religious  persuasion  or  pi-ofession;  but  the  liberty  of  conscience  hereby 
secured  shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  nor 
to  justify  practices  inconsistent  with  the  good  order,  peace,  or  safety  of 
the  State,  or  with  the  rights  of  others: 

10.  That  no  person  can  be  compelled  to  erect,  support,  or  attend  any 
place  of  worship,  or  to  maintain  any  minister  of  the  Gospel  or  teacher  of 
religion;  but  whatever  contracts  any  person  may  enter  into  for  any  such 
object  ought,  in  law,  to  be  binding  and  capable  of  enforcement,  as  other 
contracts : 

11.  That  no  preference  can  ever  be  given,  by  law,  to  any  church,  sect, 
01-  mode  of  worship : 

12.  That  no  religious  corporation  can  be  established  in  this  State; 
except  that  by  a general  law,  uniform  throughout  the  State,  any  church, 
or  religious  society  or  congregation  may  become  a body  corporate,  for  the 
sole  purpose  of  acquiring,  liolding,  using,  and  disposing  of  so  much  land 
as  may  be  required  for  aTiouse  of  public  worship,  a chapel,  a parsonage, 
and  a burial  ground,  and  managing  the  same,  and  contracting  in  relation 
to  such  land,  and  the  buildings  thereon,  through  a board  of  trustees, 
selected  by  themselves;  but  the  quantity  of  land  to  be  held  by  any  such 
body  corporate,  in  connection  with  a house  of  worship  or  a parsonage, 
shall  not  exceed  five  acres  in  the  country,  nor  one  acre  in  a town  or  city: 

13.  That  every  gift,  sale,  or  devise  of  land  to  any  minister,  public 
teacher,  or  ])reacher  of  the  gospel,  as  such,  or  to  any  religious  sect,  order, 
or  denomination;  or  to  or  for  the  support,  use,  or  benefit  of,  or  in  trust  for, 
any  minister,  ])ul)lic  teacher,  or  preacher  of  the  gospel,  as  such,  or  any 
religious  sect,  order,  or  denomination;  and  every  gift  or  sale  of  goods  or 
chattels  to  go  in  succession,  or  to  take  place  after  the  death  of  the  sellei’ 
or  donor,  to  or  for  stich  support,  use,  or  beneiit;  and  also  eveiy  devise  of 
goods  or  chattels,  to  or  for  the  sup])ort,  use,  or  benefit  of  any  minister, 
pnlilic  teacher,  or  preacher  of  the  gos])el,  as  such,  or  any  religious  sect, 
order,  or  denomination,  shall  lie  void;  except  always  any  gift,  sale,  or 
devise  of  land  to  a church,  religious  society,  or  congregation,  or  fo  any 
person  or  persons  in  trust  foi*  the  use  of  a church,  religious  society,  or 
congregation,  whether  incorporated  or  not,  for  the  use  and  purposes 
and  within  the  limitations  of  the  next  preceding  clause  of  this  Article: 

14.  That  all  elections  ought  to  lie  free  and  o[)en : 

15.  That  courts  of  justice  ought  to  lie  o[)en  to  every  person,  and  certain 
remedy  afforded  for  every  injury  to  person,  or  property,  or  cdiaracter; 
and  that  right  and  justice  ought  to  be  administered  without  sale,  denial, 
or  delay : 

IG.  That  no  private  property  ought  to  be  taken  or  applied  to  public 
use  without  just  compensation: 

17.  That  the  right  of  trial  by  jury  shall  remain  inviolate: 

18.  Tluit  in  all  criminal  posecutions  the  accused  has  the  right  to  be 
heard  by  himself  and  his  counsel;  to  demand  the  nature  and  cause  of 
accusation;  to  have  compulsory  process  for  witn(?sses  in  his  favor;  to 
meet  the  witnesses  against  him  face  to  face;  and,  in  i)rosecutions  on  pre- 
sentment or  indictment,  to  a speedy  trial  by  an  impartial  jury  of  the 


IG 


CONSTITUTION  OF  THE 


viciiia<^e;  that  the  accused  can  not  he  compelled  to  "ive  evidence  against 
himself,  nor  be  deprived  of  life,  liberty,  or  property,  but  by  the  judg- 
ment of  his  peers  or  tlie  law  of  the  land : 

11).  That  no  person,  after  liaving  been  once  acquitted  Iw  a jury,  can, 
for  the  same  offense,  be  again  put  in  jeopai-dy  of  life  or  ifberty;  but  if, 
in  any  criminal  prosecution,  the  jury  be  divided  in  opinion,  the  court 
before  which  the  trial  shall  be  had  may,  in  its  discretion,  discharge  the 
jury,  and  commit  or  bail  the  accused  for  trial  at  the  next  term  of  said 
court: 

20.  That  all  persons  shall  be  bailable  by  sufficient  sureties,  except  for 
capital  offenses,  when  the  proof  is  evident  or  the  i)resumption  great: 

21.  That  excessive  bail  shall  not  be  required,  nor  excessive  tines 
imposed,  nor  cruel  and  unusual  punishments  inflicted: 

22.  That  file  privilege  of  the  writ  of  habeas  corpus  can  not  be  suspended, 
unless  when,  in  cases  of  rebellion  or  invasion,  the  public  safety  may 
require  it : 

23.  That  the  people  ought  to  be  secure  in  their  persons,  papers,  houses, 
and  effects,  from  unreasonable  searches  and  seizures;  and  no  warrant  to 
search  any  place,  or  seize  any  person  or  thing,  can  issue,  without 
describing  the  place  to  be  searched,  or  the  persoiiT  or  thing  to  be  seized, 
as  nearly  as  ma}"  be;  nor  without  probable  cause,  supported  b}"  oath  or 
affirmation: 

24.  That  no  person  can,  for  an  indictable  offense,  be  proceeded  against 
criminally  by  information,  except  in  cases  arising  in  the  land  or  naval 
forces,  or  in  the  militia  when  in  actual  service  in  the  time  of  war  or  public 
danger,  or.  by  leave  of  court,  for  oppression  or  misdemeanor  in  office: 

25.  That  treason  against  the  State  can  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort: 

"'2().  That  no  person  can  be  attainted  of  treason  or  felony  by  the  Gen- 
eral Assembly;  tliat  no  conviction  can  work  corruption  of  blood;  that 
there  can  be  \io  forfeiture  of  estate  for  any  crime  except  treason;  and 
that  the  estates  of  such  persons  as  may  destroy  their  own  lives  shall 
descend  or  vest  as  in  cases  of  natural  death: 

27.  That  the  free  communication  of  thoughts  and  opinions  is  one  of 
the  invaluable  rights  of  man,  and  that  every  jterson  may  freely  speak, 
write,’  and  pi-int  on  a 115^  subject,  being  responsible  for  the  almseof  that 
libei'ty;  that  in  all  prosecutions  for  libel  the  truth  thereof  may  be  given 
in  evidence,  and  the  jury  may  determine  the  law  and  the  facts,  under  the 
direction  of  the  court: 

28.  That  no  ex-post-facto  law,  nor  law  impaii-ing  the  obligation  of  con- 
tracts, or  retrospective  in  its  operation,  can  be  ])assed| 

21).  That  imprisonment  for  debt  can  not  exist  in  this  State,  except  for 
tines  or  penalties  imposed  for  violation  of  law: 

30.  Tliat  all  property  subject  to  taxation  ought  to  be  taxed  in  propor- 
tion to  its  value : 

31.  That  no  title  of  nobilit}',  or  hereditary  emolument,  privilege,  or 
distinction,  can  be  granted: 

32.  That  the  military  is,  and  in  all  cases  and  at  all  times  ought  to  be, 
in  strict  subordination  to  the  civil  power;  that  no  soldier  can,  in  time  of 
peace,  be  quartered  in  any  house  without  the  consent  of  the  owner,  nor 
in  time  of  war  but  in  such  manner  as  may  be  prescribed  by  law;  nor  can 
any  appropriation  for  the  support  of  an  army  be  made  for  a longer  period 
than  two  years. 


ARTICLE  II. 


KiCillT  OF  SUFFRAOK. 

Sectiox  1.  All  elections  b,y  the  jieople  shall  be  by  ballot.  No  election 
shall  continue  longer  than  one  day,  except  as  provided  in  the  twent}'- 
lirst  section  of  this  article. 

Sec.  2.  General  elections  shall  be  held  biennially,  on  the  Tuesday 
next  after  the  lirst  jMoiiday  in  November.  Tbe  tirst  geuei*al  election  under 
this  Constitution  shall  be  held  on  that  day,  in  the  y(‘ar  one  thousand 
eight  hundred  and  sixty-six.  Should  Congress  direct  the  appointment  ot 


STATK  OF  MISSOFIM. 


17 


Flt'clors  of  Pr('si(l(Mi(:  and  of  United  States  on  any 

other  day  than  that  now  estahlislu'd,  tlie  (J(*n<‘)-al  A.sseinhly  niay  ehan^e 
th(“  tinu*  of  lioldino- o(>ii(>i-al  eleetions,  so  as  to  provide*  foi'  holding-  tliein  on 
tlu*  day  which  may  lx*  d(*sionat(*d  by  ('oni>i'(*ss  for  that  ])nri)os(*,  and  on 
the*  eoi-resj)ondin^’  day  two  years  th'(*r(*atter.  No  special  eI(*etion.  State*, 
e*e)nnty  e)r  niiinie*ipal,  shall  hei  ai)i)e)inte*el  to  he  lie*ld  on  a ,Me)nel;iy. 

Skc.  11.  At  any  ede*e*tion  helel  by  the  pee)i)le  nnelen-  this  ('e)nstitutioii,  or 
in  ])ursiiane*e  e)f  any  law  e)f  this  State,  e)r  under  any  orelinane*e  e)r  lyy-law 
e)f  any  inunieipal  e'orpe)i-afion,  ne)  iH*rse)n  shall  he  el(*eineel  a epialitieel  vede  r 
whe)  has  evei-  be*en  in  armed  he)stility  te)  the  United  States,  or  te)  the  lawful 
aulhe)ritie*s  the*re*e)f,  e)r  to  the  Government  of  this  State;  or  has  ever  given 
aiel,  e*omfe)rt,  e-ouiitenanee  en-  support  to  persons  eng-ageel  in  any  such 
he)stility;  orliasener,  in  any  manner,  aelhereel  to  the  enemies,  foreig'ii  e)r 
elome*stie*,  of  the  United  State*s,  either  l)y  contributing  to  them,  or  by 
mdawfully  sending  within  their  lines  money,  goods,  letters  or  informa- 
tion; oi*  has  ever  disloyally  held  communication  with  such  enemies;  or 
has  ever  advised  or  aided  any  person  to  enter  the  service  of  such  enemies; 
or  has  ever,  by  a(*t  or  word,  manifested  his  adlierenee  to  the  cause  of  such 
enemies,  or  his  desire  for  their  triumph  over  the  arms  of  the  United  States, 
or  his  symi)athy  with  those  engaged  in  exciting  or  carrying  on  rebellion 
against  the  Ihiited  States;  or  has  ever,  except  under  overpowering 
compulsion,  submitted  to  the  authority,  or  been  in  the  service  of  the 
so-called  '*  Confederate  States  of  America ; or  has  ever  left  this  State, 
and  gone  within  the  lines  of  the  armies  of  the  so-called  '“Confederate 
Stat(*s  of  America,  ’ ’ with  the  i)urpose  of  adhering  to  said  States  or 
armies;  or  has  ever  l)een  a niembei’  of,  or  connected  with,  any  order, 
society,  or  organization,  inimical  to  the  Government  of  the  United  States, 
or  to  the  Government  of  this  State;  or  has  ev(*r  b(*en  engaged  in  guerrilla 
warfai-e  against  loyal  inhabitants  of  the  Unit(*d  Stat(*s,  or  fn  that  descrip- 
tion of  marauding  commonly  known  as  '“bushwhacking;’’’  or  has  ever 
knowingly  and  willingly  harbor(*d,  ald(*d,  or  countenanc(*d  any  person  so 
engag(*d;  or  has  ever  come  into  or  left  this  State,  for  the  purpose  of 
avoiding  em-ollment  for  oi-  draft  into  the  military  service  of  the  United 
States;  or  has  ever,  with  a view  to  avoid  enrollm(*nt  in  tlu*  militia  of  this 
State,  or  to  escape  the  i)erformanc(*  of  duty  therein,  or  for  any  other 
purpose,  ein*olled  himself,  or  authorized  himself  to  be  (*nrolled,  by  or 
b(*for(*  any  otlic.er,  as  disloyal,  oi*  as  a Southern  sympathiser,  or  in  a.ny 
other  terms  indicating- his "disalfection  to  the  Government  of  the  United 
Stat(*s  in  its  (‘ontest  with  i-(*lx*Hion,  oi-  his  sympathy  with  those  engaged 
in  such  reb(*llion;  oi-,  having  (*ver  vot(*d  at  any  election  hy  tlu*  people  in 
this  Stat(*,  or  in  any  otlua-  of  the  United  Stat(*s,  oi-  in  any  Of  their  'I’erri- 
tories,  or  h(*ld  ollice  in  this  State,  oi-  in  any  otlu*i-  of  tlu^  Unit(*d  States,  or 
in  any  of  tlu*ii-  d'ei-ritori(*s,  or  under  the  Unit(*d  States,  shall  llu*r(*aft(*r 
hav(*  sought  or  i-(*c(*ived,  under  claim  of  ali(*nag(*,  the  i)r()t(*(*tion  of  any 
for(*ign  gov(*i-nnu*nt,  thi-ough  any  consul  or  other  otlicer  therixif,  in  or(U*r 
to  s(*cuiv  (*x(*m])tion  from  military  duty  in  the  militia  of  this  State,  or  in 
tlu*  army  of  the  United  Statt*s:  noi-  shall  any  such  ]x*rson  be  capable  of 
holding  in  this  Stati*  any  otlici*  of  honor,  trust,  or  protit  nnd(*r  its 
authority;  or  of  being  an  otli(*cr,  (*ouncilman,  dii-(*ct(jr,  trust(*e,  or  other 
manager  of  any  corporation,  public  or  private*,  now  existing  or  hereaft(*r 
(*stablished  by  its  autboi-ity ; or  of  acting  as  a professor  or  teacher  in  any 
(xhicational  institution,  or  in  any  common  or  otlu*r  school;  or  of  holding 
any  real  (*state  or  otlu*r  jiroiierty  in  trust  for  the  use  of  any  church, 
religious  soci(*ty  or  congr(*gat ion . But  tlu*  foi-(*going  provisions  in  rela- 
tion to  acts  done*  against  tlu*  United  Stat(*s  shall  not  apidy  to  any  jicrson 
not  a citizen  th(*r(*of,  who  shall  have*  ceemmitteel  siu-h  aeds  while*  in  the 
servie*e  of  sonio  feereign  e-eenntry  at  war  with  the  Uniteel  States,  and  who 
has,  sine*e  such  ae*ts,  be*e*n  natm-alize*el,  oi-  may  he*re*afte*r  be  natiiralizexl, 
unde*r  the  laws  eef  the  United  State*s;  anel  tlu*  eeath  eef  le)yalty  he'reinafter 
pre*se*ribeel,  whe*n  taken  by  any  such  person,  shall  be  consiele*reel  as  taken 
in  sue;h  sense. 

Skc.  4.  ddu*,  Ge*neral  Assembly  shall  immediately  ])roviele  by  law  for  a 
e*omplete  anel  unifeerm  r(*glstratie)n,  by  ele*ction  distrieds,  of  the  name's  of 
epialitie'd  veeters  in  this  State;  which  ivgistration  shall  be  evielene*e  eh’ the 
2 


18 


(;ONSriTUTlON  OF  THE 


(liialilioalioii  of  all  r(‘;ristc*r(*(l  voters  to  vote*  at  any  election  tlionaifter  lield ; 
but  no  person  sliall  ])e  excluded  from  votin<»-  at  aiiy  election,  oji  a(‘count  of 
not])eino-  r(‘oist(>red,  until  tlie  (bmeral  Assembly  sliall  have  passed  an  act 
of  registration,  ami  the  same  shall  have  been'  carried  into  elfect;  after 
which,  no  iiei-son  shall  vote,  unless  his  inimo  shall  have  Ixam  reoistered  at 
least  ten  days  before  the  day  of  the  election;  and  the  fact  of  such  re«-istra- 
tion  shall  b(*  no  otherwise  shown  than  by  the  reoistm-,  or  an  authentic 
copy  thereof,  certilied  to  the  judge's  of  election  by  the  registei'ing  otlicer 
or  officers,  or  other  constituted  authority.  A new  registration  shall  lie 
made  within  sixty  days  next  jireceding  the  tenth  day  prior  to  eveiy 
biennial  general  (‘lection,  and  after  it  shall  have  beem  made,  no  persoli 
shall  establish  his  right  to  vote,  by  the  fact  of  his  name  appearing  on  any 
previous  register. 

Sec.  5.  Until  such  a system  of  registration  shall  have  been  established. 
(‘.v(ny  i)(‘rson  shall,  at  the  time  of  offering  to  vote,  andb(*fore  his  vote  shall 
be  re(‘eived,  take  an  oath  in  the  terms  ijrescribed  in  the  next  succeeding  sec;- 
tion.  After  such  a system  shall  have  been  established,  the  said  oath  shall 
be  taken  and  subscribed  by  the  voter  at  each  time  of  his  registration. 
Any  i)erson  declining  to  take  said  oath  shall  not  be  allowed  to  vote,  or  to 
be  registered  as  a (jualitied  voter.  The  taking  thereof  shall  be  deemed 
eonciusive  evidence  of  the  right  of  the  person  to  vote,  or  to  be  registered 
as  a voter;  but  such  right  may,  notwithstanding,  be  disapprovech  And 
after  a system  of  registration  shall  have  been  estriblished , all  evidence  for 
and  agai'nst  the  right  of  any  person  as  a (pialitied  voter,  shall  be  heard 
and  i)assed  upon  by  the  registering  officer  or  officers,  and  not  by  the 
judges  of  election.  The  i-egistering  officer  or  officers  shall  keep  a register 
of  th(‘  names  of  persons  rejected  as  voters,  and  the  same  shall  be  certified 
to  the  judges  of  election;  and  they  shall  receive  the  ballot  of  any  such 
rejectec'l  voter  offering  to  vote,  marking  the  same,  and  certifying  the  vote 
tluireby  given,  ivs  rejected;  but  no- such  vote  shall  be  received  unless  the 
party  ottering  it  take,  at  the  time,  the  oath  of  loyalty  hereinafter  pi-e- 
scribed . 

Sec.  0.  The  oath  to  be  taken  as  aforesaid  shall  be  known  as  the  Oath 
of  Loyalty,  and  shall  be  in  the  following  terms : 

•‘I.  A.  B.,  do  solemnly  swear  that  I am  well  acfpiainted  with  the 
terms  of  the  third  section  of  the  second  Article  of  the  Constitution  of 
the  State  of  Alissouri,  adopted  in  tlie  year  eighteen  hundred  and  sixty-tive, 
and  have  carefully  considered  the  same;  that  I have  never,  direOly  or 
indirectly,  done  any  of  the  acts  in  said  section  specilied;  that  1 liave 
always  been  truly  and  loyally  on  the  side  of  the  United  States  against  all 
eneniies  thereof foreign  and  domestic;  that  I will  bear  true  faith  and 
allegiance  to  the  United  States,  and  will  support  the  Constitution  and 
laws  thereof,  as  the  supreme  law  of  the  land,  any  law  or  ordinance  of  any 
State  to  tin*  contrary  notwithstajiding;  that  I will,  to  the  best  of  my 
ability,  pi-otect  and  defend  the  Union  of  the  United  States,  and  not  allow 
the  same  to  be  brok{*n  up  and  dissolved,  or  the  Government  thereof  to  b{‘ 
destroyed  or  overtlu-own,  under  any  circumstances,  if  in  my  i)ower  to 
pr(3ventit;  that  1 wall  suppcjrt  the  Constitution  of  the  State  of  Alissouri; 
and  that  1 make  this  oath  without  any  mental  reservation  or  evasion,  and 
hold  it  to  be  binding  on  me.  ’ ’ 

Sec.  7.  AVTthin  sixty  days  after  this  Constitution  lakes  effect,  every 
j)erson  in  this  State  holding  iiiiy  office  of  honor,  trust  or  protit  under  the 
C'onstitution  or  laws  thei'eof,  or  under  ;uiy  municii)al  corj)oration,  or  any 
of  the  other  offices,  positions,  or  trusts  mentioned  in  the  third  section  of 
this  Artich*.  shall  take  and  subscribe  the  said  oath.  If  any  officer  or  per- 
son ]-eferred  to  in  this  S(*ction  shall  fail  to  comply  with  the  re(iuirenients 
then'of,  his  offi(3e,  i)osition,  or  trust  shall,  ipso  facto,  become  va(*ant,  and 
the  vacancy  shall  be  tilled  a(*(a>rding  to  tin*  law  governing  tlu*  case. 

Sec.  H.  No  vot(*  in  any  election  by  the  ])eople  shall  he  cast  ip)  for,  nor 
shall  any  <‘(‘i-titicnte  of  e'k'ction  be  granted  to,  iiny  i)erson  who  shall  not. 
within  tifte(‘n  days  next  i)r(3ceding  such  election,  have  taken,  subscribed 
and  1il(*d  said  oath. 

Sec.  9.  No  i)erson  shall  assume  the  duties  of  any  State,  (‘oiinty,  city, 
lown,  OF  other  office,  to  which  he  may  be  appointed,  otherwise  than  by  a 


STATE  OF  MrSSOUKI. 


19 


vole  of  llu'  pooplo;  nor  slinll  :niy  ixM-son,  after  tlui  oxi)irntion  of  sixty 
(lays  aft('r  this  ( 'onstitutioii  takes  elfoct,  lx*  ixM-initted  to  jn-aeticM*  as  an 
attoriu'v  or  (*onns(‘llor  at  law;  noi-,  after  that  time,  sliall  any  person  b(? 
eonipetent  as  a bishop,  i)ri('st,  deaeon,  minister,  eldei-,  or  other  eler^y- 
man  of  any  n'liyions  ])ei-snasion , seet,  oi‘  (Umomination , to  teaeli,  or 
])reaeh,  or  solemnize'  marriages,  unless  sneh  person  shall  have  tirst  taken, 
snhseril)ed,  and  tiled  saidoaUi. 

Sue.  Id.  Oaths  taken  in  pursuance  of  the  seventh,  eig’hth  and  ninth  sec- 
tions of  this  Article,  shall  he  tiled  as  follows:  By  a State  civil  otlicer,  ora 
candidate  for  a State  civil  otKce*,  and  by  members  and  officers  of  the  present 
Oeiu'ral  Assembly,  in  the  office  of  the  Secretary  of  State;  by  a military  offi- 
cer, in  the  office  ()f  the  Adjutant  General;  by  a candidate  for  either  lunise  of 
the  Geiu'ral  Assemidy,  iii  the  clerk bs  office  of  the  County  Court  of  the 
comity  of  his  residence,  or  in  that  county  where  the  vote  of  the  district  is 
riMpiired  by  law  to  be  cast  up,  and  the  certiticate  of  election  granted;  by 
a city  or  town  officer,  in  the  office  where  the  archives  of  such  city  or  town 
are  kept;  and  in  all  other  eases,  in  the  office  of  the  Clerk  of  the  County 
( k)urt  of  the  county  of  the  person’s  residence. 

Sec.  11.  Every  court  in  which  any  person  shall  be  summoned  to  serve 
as  a g-rand  or  jietit  juror,  shall  reiiuire  him,  before  he  is  sworn  as  a juror, 
10  take  said  oath  in  open  court,  and  no  person  refusing  to  take  the  same 
shall  serve  as  a juror. 

Sec.  12.  If  any  person  shall  declare  that  he  has  conscientious  scruples 
against  taking  an  oath,  or  swearing  in  any  form,  the  said  oath  may  be 
changed  into  a solemn  affirmation,  and  be  made  by  him  in  that  form." 

Sec.  13.  In  addition  to  the  oath  of  loyalty  aforesaid,  every  jierson  who 
may  be  eh'cted  or  appointed  to  any  office,  sliall,  before  entering  upon  its 
duties,  take  and  subscribe  an  oath  or  affirmation  that  he  will,  to  the  best 
of  his  skill  and  ability,  diligently  and  faithfully,  without  partiality  or 
prejudice,  discharge  the  duties  of  such  office  according  to  the  C'onstitihion 
ami  laws  of  this  State. 

Sec.  14.  Whoever  shall,  after  the  times  limited  in  the  seventh  and  ninth 
sections  of  this  Article,  hold  or  ('xercise  any  of  the  offices,  positions, 
trusts,  iirofessions,  or  functions  therein  spi'citied,  without  having  taken, 
snbsci'ibed,  and  tiled  said  oath  of  loyalty,  shall,  on  conviction  thereof,  he 
punished  by  tine,  not  less  than  live  hundred  dollars,  or  by  iini)risonment 
in  the  county  jail  not  less  than  six  months,  or  by  both  such  tine  and 
imprisonment;  and  whoever  shall  take  said  oath  falsely,  Iw  sw(‘aring  or 
by  affirmation,  sball,  on  conviction  thereof,  be  adjudged  guilty  of  perjury, 
and  be  punished  by  imprisonment  in  the  penitentiary  not  less  than  two 
years. 

Sec.  15.  Whoever  shall  be  convicted  of  having,  directly  or  indirectly, 
given  oi*  olfcred  any  bi'ibe,  to  pi-oeni-e  his  election  or  appenntment  to  any 
office,  shall  Ix^  discpialilied  for  any  office  of  honor,  trust  or  ])rolit  under 
this  State;  and  wlioever  shall  give  or  otferany  bribe  to  ]»i-ocm’('  tin*  election 
or  api)ointm(*nt  of  any  othei-  person  to  any  office,  shall,  on  conviction 
thei’cof,  be  dis(jnalitied  for  a vot(*i-,  oi-  any  oilice  ofhonoi-,  trust,  or  protit 
under  this  State,  for  ten  years  aftei'  such  conviction. 

Sec.  K).  No  officer,  soldier,  or  marine  in  the  regidar  army  or  navy  of 
the  United  States,  shall  be  entitled  to  vote  at  any  election  in  this  State. 

Se(E  17.  No  i)erson  who  shall  make,  or  Ix'come,  directly  or  indirectly, 
interested  in,  any  het  or  wager  depending  upon  the  result  of  any  election, 
shall  vote  at  sneh  election. 

Sec.  is.  Every  white  male  citizen  of  the  United  States,  and  ev(ay  white 
male  i)ei-son  of  foreign  birth  who  may  have  (k'clared  hlsinteidion  to  become 
a citizen  of  tlx'  Ihut(‘(l  States,  according  to  law,  not  less  than  one  year 
nor  more  than  live  years  before  he  otters  to  vote,  who  is  over  the  ag(;  of 
t\yenty-one  yeai-s,  who  is  not  dis(pialili(‘d  by  or  under  any  of  the  provisions 
of  this  Gonstitntion,  and  who  sball  hav(^  com])lied  with  its  recpiiremeiits, 
and  have  I'csided  in  this  State  one  year  next  preceding  any  eh'ction,  or 
next  prec(*ding  his  i-egistration  as  a voter,  and  during  the  last  sixty  days 
of  that  ]x*i-i<xl  shall  have  i-esided  in  the  county,  city,  or  town  where  he 
otters  to  vote,  or  se(‘ks  i-egistration  as  a voter,  shall  be  entitled  to  vote  at 
such  election,  for  all  officers.  State,  county,  or  municipal,  made  elective 


20 


CONST ITUTIOX  OF  TTIP] 


by  tli('  i)oople;  but  ho  .shall  not  vote  ols('\vhoi-(‘  than  in  thooloction  district 
of  which  ho  is  at  that  tinio  a ro.sidont,  oi-,  afbn-  a systoni  of  ]-c»isti-alion  of 
votes  .shall  have  boon  ostabli.shod,  in  tho  oloction  di.strict  whore*  his  name 
is  ]-o<>istcrod,  except  as  provided  in  the  twenty-tirst  se'ction  of  this 
Article. 

Sec.  10.  After  the  first  day  of  January,  one  thonsand  ei^ht  hnndi-ed 
and  .seventy-six,  every  person  who  was  not  a (pialified  voter  prior  to  that 
time,  shali,  in  addition  to  the  other  (puditioations  reeptired.  be  able  to 
read  and  write,  in  order  to  become  a ({iialitied  voter ; unless  his  inability 
to  read  or  write  shall  be  the  result  of  physical  disability. 

Sec.  20.  For  the  pin-po.se  of  votiiio-,  no  pi-rson  shall  be  d(*emcd  to  have 
gained  or  lost  a residence,  by  r(*ason  of  his  ])i-escnce  or  abs<*iice  whih^ 
emplo3x*d  in  the  service  of  the  Ihiited  States,  noi-  while  engaged  in  the 
navigation  of  the  waters  of  this  State,  or  of  the  United  States,  or  of  the 
high  seas;  nor  while  a student  in  aipv  seminarv  of  learning;  nor  whih* 
kept  at  any  poor-house,  or  other  a.syinm,  at  iiiililic  expense;  nor  while 
contined  in'  an^'  imblic  prison. 

Sec.  21.  Any  cj iialitied  voter  under  the  eighteenth  section  of  this 
Article,  who  im^  be  absent  from  the  iilace  of  his  residence,  bv  reason  of 
being  in  the  vohmteer  arnyy  of  the  United  States,  or  in  th<^  militia  force  of 
this  State,  in  the  service  thereof,  or  of  the  United  States,  whether  within 
or  without  the  State,  shall,  without  registration,  be  entitled  to  vote  in 
an3"  election  occurring  during  such  absence . The  votes  of  all  such  persons, 
wherever  the.v  may  be,  ina^^  betaken  on  the  day  tix(*d  by  law  for  such 
election,  or  on  any  da.y  or  da^^s  within  twenty  days  next  ])rior  thereto; 
and  the  General  As.sembh-  .shall  jiroyide  by  law  for  the  taking,  return, 
and  counting  of  such  yotes.  Eyery  such  jierson  shall  take  the  same  oath 
that  all  other  yoters  ma^'  be  required  to  take,  in  order  to  yote. 

Sec.  22.  Voters  shall,  in  all  cast*s,  except  treason,  felon}',  or  breach 
of  the  peace,  be  privileged  from  arrest  during  their  continnance  at  elections, 
and  in  going  to  and  returning  from  the  same. 

Sec.  23.  Any  person  who  may  at  aiyy  time  have  dom*  anv'  act,  which, 
under  the  third  section  of  this  Artich*,  'lias  disqnalitied  or  ii'uu'  disipialify 
him,  as  therein  exjire.ssed,  and  who  sliall,  after  the  commission  of  sncii 
act,  have  yolnntarily  entered  the  militar}'  .service  of  the  United  States, 
and  have  been  honorabl}' discharg(*d  therefrom,  and  aft(‘r  such  dischargi^ 
have  demeaned  himself  in  all  respects  as  a.  loyal  and  faithful  citizen,  may 
be  relieved  from  .such  disqnalitication.  In 'order  thereto.  In*  .shall,  in 
person,  present  his  petition  to  the  Gii-cnit  Gonrt  of  the  county  of  his 
residence,  .stating  specitically  the  act  or  acts  which  produced  such  dis- 
(inalitication,  and  the  ground  ipioii  which  he  jirays  to  be  relii'ved  th(*re- 
from;  and  the  court  shall  set  a da}'  for  hearing  the  cause,  not  less  than 
live  da^'s  after  the  ])resentation  of  the  petition;  wh(*n,  if  it  a{)p(*ar  Iw  a 
competent  proof  that  tlu^  petitioner  is  jnsth^  entitled  to  the  n-lief  prayi'd 
for,  th(*  (‘onrt  shall  make  a decr(*e  removing  such  discpialitication.  But 
any  act  done  by  such  pensoii  after  the  date  of  such  decree,  which  would 
imiiose  a disqnalitication  under  said  third  section  of  this  Artich*.  shall 
make  such  decree  null  and  void,  and  remit  him  to  his  jirevions  condition 
of  disqnalitication;  and  no  such  decrei*,  shall  b(*  grant(*d  a .second  time  in 
his  favor. 

8ec.  24.  After  any  iierson  .shall  have  been  so  rerK*yed  by  tin*  d('(*rc(*  of 
a Circuit  Gonrt,  he  shall,  in  ord(*r  to  A'otc*,  or  hold  any  of  the  olllc(*s, 
positions,  or  trusts,  or  exerci.si^  any  of  the  privil(*g(*s  or  functions  h<*r(*in 
liefore  specilied,  take  the  oath  of  loyalty  afor(*.sald,  (*xc(*])t  tin*  part  thcr(*of 
which  refers  to  the  third  .section  of  this  Article  and  to  tlu*  ])ast  acts  or 
103'alty  of  the  per.son  taking  the  oath. 

Sec.  25.  After  the  first  day  of  dan  nary,  om*  thonsand  eight  hnndr(*d 
and  .seyenty-one,  and  until  the  dab*  h(*rcinafter  nam(*d,  tin*  G(*nci-al 
Assembh'  .shall  have  ])Ower,  if  a,  majority  of  all  tin*  m(*mb(*rs  (*l(*ct(*d  to 
both  hon"s(*s  concur  therein,  to  snsp(*nd  or  r<‘])(*al  an\' part  of  tin*  third, 
tifth,  and  sixth  .sections  of  this  Article,  so  far  as  th(*  sana*  r(*lat(*  to  tlu* 
(pialitications  of  vot(*rs,  but  no  farther.  Aft(*r  tlu*  tirst  day  of  .lannai-y. 
one  thousand  (*ight  hnndr(*d  and  .S(*yenty-tivc,  tlii^  G(*n(*ral  Ass(*mbl3 may 
wholly  suspend  or  rejieal  the  third,  fourth,  lifth,  sixth,  eighth,  ninth. 


S'l’ATK  OF  MISSOUIM. 


21 


((‘Hill,  and  hvcinii  soctioiis  of  this  Ai-tiolo,  or  any  pai-f  lli(‘i-(‘of. 

if  a liko  iiiajorily  of  both  Ikmiscs  coikmii-  therein,  lint  no  sneli  snsixMision 
or  i’('))eal  siiall  have*  tin*  e(f(‘et  of  (lisjxMisin^’  witli  tin'  takin_<>;’,  by  every 
l)erson  (‘h'eted  or  ai)i)oint(Ml  to  any  ollie(‘  in  this  State,  of  so  niueh  of  the 
oath  of  loyalty  afor(‘said  as  follows  tlu'  woi'd  ‘ ‘ donu'stie.  ” On  th(r 
passasi’i'  of  any  hill,  susp(“n(lin<*'  or  rei)ealin»‘  any  of  said  sect  ions,  or  any 
part  thi'iH'of.  th(‘  vote's  of  both  lious('s  shall  he  taken  by  yeas  and  nays, 
and  ent('red  on  tlu'  journals  of  the  houses,  respe(*tiv(*ly . The  Ch'iieral 
Assembly  shall  also  liav('  pow('r,  at  any  time,  to  remove  any  such  siisjeen- 
sion  orrei)eal,  and  i-einstate  the  jerovisions  sus])end('d  orrepeah'd,  in  full 
force  and  ('tleet  as  a ])art  of  this  ('onstitution.  Kveiy  sus])(‘iision  or 
re])(‘al  made*  in  luirsuanee  of  this  section,  shall  l)e  i^eneral  in  its  teians, 
and  not  in  any  ease  in  favor  of  any  named  ])erson;  but  the  Oeneral 
Assemidy  may  (*xeept  from  the  benefit  of  such  suspension  oi'  repeal  any 
person,  or  class  of  pei'sons,  it  may  see  tit. 

Sk(’.  20.  I'he  General  Assemlely  shall  provide  for  the  exclusion  from 
(*v(‘ry  otlice  of  honor,  trust,  or  jei-otit  within  this  State,  and  ti-om  the 
rio^it  of  sutfra«-e,  of  any  person  convicted  of  bribery,  perjury,  or  other 
infamous  crime. 


AirncLE  III. 

DISTRIBUTION  OF  POWERS. 

The  powei-s  of  <j;'overnment  shall  lx*  divid(*d  into  three  distinct  depart- 
nu'nts.  each  of  which  shall  be  contid('d  to  a separate  magistracy ; amino 
person  charg(*d  with  the  exercise  of  ])owers  properly  belonging  to  one  of 
those  de))artments,  shall  ('xercise  any  i)Ower  properly  belonging  to  eitlu'r 
of  theotlu'rs,  excei)t  in  instanc('s  h(*r('inafter  expressly  directed  or  per- 
mitted. ' 


Ain  iGLE  IV. 


L E ( 5 1 S U AT  l V E I ) K 1>  A RTM  E N T . 

Seution  1 . d'he  legislative  ])ower  shall  be  vi'sb'd  in  a Geiu'ral  Assembly, 
which  shall  consist  of  a Senab*  and  House*  of  K(‘i)iT*.s(*ntatives. 

Sixx  2.  The  House  of  R(*i)r(*s(*ntativ(*s  shall  consist  of  members  to  be 
chosen,  every  second  y(*ar,  by  Ihe*  (pialiii(*d  voters  of  the  several  counties, 
and  ai)portion(*d  in  the  following  manm*i’; 

d'h(*  ratio  of  i-(*pres(*nlation  shall  lx*  ascertaiiu'd  at  (*ach  api)oi'tioning 
S(*ssion  of  the  Genei-al  Ass(*mbly,  by  dividing  thee  whoU*  numb(*r  of  |X‘i-- 
manent  iidiabitants  of  the*  State;  by  tlu*  nuinbe*!-  Iwe)  huneliTel.  Each 
ce)unty  having  enu*  i-atie),  eu-  le*ss,  shall  be*  e'ntille*el  te)  erne*  lb*j)r(*s(*ntat ive ; 
e*ach  ce>imly  having  thi-(*e  times  saiel  ratie)  shall  lx*  (*nlit le*el  te)  twee  lle*i)r(*- 
sentalivc's;  e'ach  e‘e)unty  having  six  time's  said  ratie)  shall  be*  e*ntitle‘el  te) 
thi'(*e*  K(‘))r{*se*ntalive*s;  anel  se)  e)n  abe)ve*that  numbe*r,  gi^■ing  one*  aelelit le)nal 
membe*i-  lor  ev(*ry  thre'e*  aelelitieenal  ratie)s.  VVhe'ii  any  e*e)unty  shall  be 
('litilleel  te)  me)re  than  e)n(*  lh*i)re*,se*nlativ(*,  the  (k)unty  ('ourt  shall  e-ause 
saiel  e-e)unty  te)  lx*  subeliviele*el  lute)  as  many  ce)mpact  anel  ce)nve'ni(*nt 
distrie-ts  as  sue‘h  eounty  may  be;  (*ntit  le*el  te)  lte*presentalives',  whie*h  elist  rie*ts 
<hall  be*,  as  ne-ar  as  may  be*,  e)f  e*epial  peejeulat ie)n ; anel  the*  epialiliejel  ve)te*rs 
e)f  e*ae‘h  e)f  sue*h  elisti’ie*'ts  shall  ele*e*t  e)ne*  I{e*j)i-e*se*ntative*,  whe)  shall  be  a 
resiele'iit  e)f  sue-h  elistrie*t. 

Seu.  :i.  Ne)  pe*j-se)n  shall  l)e*  a membe*!*  e)f  the*  He)use;  e)f  lle*pie*se*ntative*s, 
wlu)  shall  ne)t  liave*  attalne*el  the*  age*  e)t  twe*nly-fe)Ui’ years;  wlm  shall  ne)t 
be  a white*  male*  e*iliye*n  e)f  the*  I'nite-el  Stale's;  wlu)  shall  ne)t  have*  be*e*n  a 
epialilie*el  ve)te*i-  e)f  this  Slate*  twe)  ye'ars,  anel  an  iidiabitant  e)f  1 he*  ce)unty 
vvhie-h  he  may  be*  che)se*n  te)  re*pre*se*nt  e)ne*  ye*ar  ne*xt  be'tbi’e*  the*  elay  e)f  his 
e;le*e-tie)n,  if  suedi  e*e)unty  shall  have*  be*e*n  se)  le)ng  e*stablishe*ei ; but  if  ne)t, 
the*!!  e)f  the*  e*e)unty  frean  whie*h  the*  same*  shall  have;  been  take*n;  anel  wlu) 
shall  ne)t  have;  paiel  a State*  anel  e*e)unty  tax. 

Sex'.  4.  4'he*  Se*nate*  shall  e*e)nslst  e)f  thii-ty-lbur  me*mbe*rs,  te)  be;  e4ie)se*n 
by  the*  epialilie*el  ve)te*rs  leer  tour  ye*ars ; tor  the  ele'ction  of  whom  the  Slate 
shall  be*  diviele*el  iiite)  convenient  elistricts. 


22 


CONST rruTiox  of  the 


Sec.  5.  No  i)ctsoii  nliall  he  a Senator,  wlio  shall  not  liave  attaiiu'd  the 
a<*-e  of  thirty  years;  who  shall  not  h(‘  a white  male  citizen  of  the  United 
States;  who  shall  not  have  been  a qnalilied  voter  of  this  State  thr(‘e  years, 
and  an  iidiahitant  of  the  district  which  he  imiy  he  chosen  to  r(q)i-ese'nt  one 
year  lU'xt  before  the  day  of  his  election,  if  such  disti-i(*t  shall  have  been 
so  lon^-  established;  hut  if  not,  then  of  the  district  or  districts  from  which 
the  same  shall  hav(0)een  taken;  and  who  shall  not  have  paid  a State  and 
eoimty  tax.  When  any  county  shall  be  entitled  to  moi-e  than  one  Senator, 
the  County  Court  shall  cause  such  county  to  ])e  subdivided  into  as  many 
compact  and  convenient  districts  as  such  (‘ounty  may  be  entith'd  to 
Senatoi-s;  which  districts  shall  be,  as  neat  as  may  be,  of  e(pial  i)oj)ulation ; 
and  the  (lualitied  voters  of  each  of  such  districts  shall  elect  one  Senator, 
who  shall  1)6  a resident  of  such  district. 

Sec.  0.  Senators  shall  be  apportioned  among  their  respective  districts, 
as  nearly  as  may  be,  according  to  the  number  of  permanent  inhabitant^ 
in  each. 

Sec.  7.  Senators  and  Eepresentativ(‘s  shall  ])e  chosen  according  to  tin* 
rule  of  apportionment  estahlished  in  this  Uonstitntion,  until  the  next 
decennial  census  taken  by  the  United  States  shall  have;  been  made,  and 
the  result  thereof  as  to  this  State  ascertained,  when  the  apportionment 
shall  he  i-evised  and  adjusted  on  the  l)asis  of  that  census.  In  the  year  one 
thousand  eight  hundred  and  seventy-six,  and  every  tenth  year  thereaftei-, 
there  shall  be  tak(m,  under  the  authority  of  this  State,* a census  of  the 
inhabitants  thereof;  and  aften-  every  such  (aaisus  the  apportionment  of 
Senators  and  Kepresentatives  may  be  based  thereon  until  the  next  suc- 
ceeding National  census,  after  which  it  may  l)e  based  upon  the  National 
census,  until  the  next  succeeding  decennial  State  census,  and  so  on,  fi-om 
time  to  time,  the  enumerations  made  by  this  Stale  shall  be  used,  as  they 
respectively  occur,  as  the  l)asis  of  api)ortionment. 

Sec.  8.  Senatoi-ial  and  ll(‘presentative  districts  may  i)e  altered  from 
time  to  time,  as  pu])lie  convenience  may  ixapiire.  When  any  Senatorial 
district  shall  be  composed  of  two  or  more  counties  they  shall  be  con- 
tiguous. 

Sec.  1).  The  tirst  election  of  Senators  and  Representatives  under  this 
Constitution  shall  be  held  at  the  general  election  in  the  year  oiu'  thousand 
eight  hundred  and  sixty-six,  when  the  whole  number  of  Senators  and 
R(*presentatives  shall  be  chosen. 

Sec.  10.  xVt  the  regular  session  of  the  (Jeiu'ral  Assembly  chosen  at 
said  election,  the  Senators  shall  l)e  divided  into  two  equal  classes.  Those 
elected  fi-om  districts  l)earing  odd  numbers  shall  eomposc;  the  tirst  class, 
and  those  elected  from  districts  bearing  even  numb(*i-s  shall  com])Ose  the 
second  class.  The  seats  of  the  tirst  class  shall  be  vacated  at  the  end  ot 
the  second  year  after  the  day  of  said  election,  and  those  of  the  second 
class  at  the  end  of  the  fourth  year  after  that  day;  so  that  one-half  of  the 
Senators  shall  be  chosen  every  second  yeaix  In  districting  any  county  for 
the  election  of  Senators,  the  districts  shall  be  numbercHl,  so  as  to  elfectuate 
the  division  of  Senators  into  classes,  as  required  in  this  s(‘ction. 

Sec.  11.  No  member  of  Congr(*ss,  oi‘  ])erson  holding  any  lucrative 
otlice  under  the  Unit(*d  States  or  this  State,  (militia  ofHcers,  justices  of 
the  i)eace,  and  notari(‘s  public  excepted,)  shall  b(‘  (eligible  to  eitlun*  lious(‘ 
of  the  General  Assembly,  or  shall  remain  a mem!H*r  thereof,  after  having 
acc(‘pted  any  such  otlice',  or  a seat  in  either  houst'  of  Uongi-(*ss. 

Sec.  12.  No  ])ei-son  who  now  is,  or  may  h('r('after  be  a colh'ctor  or 
holder  of  })ublic  money,  oi‘  assistant  or  dt‘))uty  of  such  colh'ctoi’  or  hold(‘r 
of  ])ul)lic  mon(\v,  shall  be  eligil)le  to  (‘it her  house  of  the  (h'lieral  Asscmi- 
})ly,  until  he  sh'all  have  accounted  for  and  [)aid  all  sums  for  which  h(‘  may 
be  accounta])h‘. 

Sec.  13.  If  any  Senator  or  Repi-(‘S(‘ntativ('  i‘(‘mov(‘  his  r(‘sid(‘n(*(‘  from 
the  distri(d  or  county  toi-  which  he  was  deed'd,  his  ollice  shall  ther(‘by  bo 
vacated. 

Sec.  M.  TIk' Gov(‘rnor  shall  issiK*  writs  of  election  to  till  such  vax*an- 
cies  as  may  (xaair  in  eith(*r  house  of  tlu'  GeiK'ral  Ass(‘mbly. 

Se(X  15.  No  Senatoi*  or  R(‘])res(‘ntative  shall,  duilng  tbet(‘rm  foi-  wbieb 
he  shall  have  been  elected,  be  appointed  to  any  civil  otlice  umh'i-  the  State, 


S^PATK  OF  .MISSOURI. 


28 


shall  havi‘  hcaai  ciaaihal , or  (Ik*  (‘inoliiinciits  ()!'  which  shall  ha\<‘ 
IxH'ii  inciaaiscd.  (hii-iii^- his  coiitiimancc  io  oflicc  as  a-  S(*iiat()i*  or  Rc))t-(*- 
s(‘iitativo,  (‘X(*(*i)t  to  such  ollic(‘s  as  shall  he  tilhal  by  elections  of  the 
peoph'. 

Si-x’.  Hi.  S<‘nators  and  Representatives  shall,  in  all  cases.  (‘xc(‘]d 
tnaison,  felony,  or  hrcaich  ot  tlu‘  jxaice,  lx*  privlle^’cal  from  aiaa'st,  dnriny 
the  session  of  the  (ienei’a'l  Assembly,  and  foi*  fifteen  days  next  before  the 
commeiKa'inent  and  afh'r  the  t<M-mination  of  (aich  session;  and  for  any 
sp(MH‘h  or  debate  in  either  house,  th(*y  shall  not  be  (piestiomnl  in  any 
oth(‘r  ])laee. 

Skc.  17.  The  imanbers  of  the  General  Assembly  shall  s(*verally  receive 
from  the  public  treasury  sncli  (‘omi)ensatioii  for  their  services  as  may. 
from  time  to  time,  be  provided  by  law;  but  no  law  increasini»-  such  coiii- 
])ensation  shall  take  effect  in  favor  the  meml)ers  of  the  General  .Vssem- 
l)ly  by  which  the  same  shall  have  been  passed. 

Skc.  18.  A majority  of  the  whole  nnm])er  of  members  of  each  lionsi* 
shall  constitute  a qnoriim  to  do  business;  but  a smaller  number  may 
adjourn  from  day  to  day,  and  may  compel  the  attendance  of  al)sent  mem- 
bers. in  such  manner  and  under  such  penalties  as  each  house  ]nay  ])ro- 
vide. 

Sec.  11).  Each  house  shall  api>oint  its  own  ollicers;  shall  jnd;2:('  <^t‘  the 
qnalitlcations,  elections,  and  returns  of  its  own  members;  may  determine 
the  rules  of  its  proceedings;  may  arrest  and  punish  l)y  tine,  not  ('xct*ediny 
three  hundred  dollars,  or  by  imi)risonm(‘nt  in  a county  jail  not  exceed iny^ 
ten  days,  or  l)Oth,  any  ])ei‘Son  not  a member,  who  shall  be  ;i*nilty  of  dis- 
respeet  to  the  house,  by  any  disorderly  oi-  contemptuous  behavior  in  its 
pi-esence  during  its  session;  may  punish  its  members  for  disorderly 
l)ehavior;  and,  with  the  (;oncurrence  of  two-thirds  of  all  rhe  memb(*i> 
elect(*d,  may  expel  a member;  but  no  member  shall  be  ex[)elled  a second 
time  for  the  same  cause. 

Se(\  20.  Each  house  shall,  from  tinu*  to  time,  j)ublish  a journal  of  its 
proceedings,  (‘xcc^pt  such  ])arts  thereof  as  may,  in  its  opinion,  recpiire 
secrecy;  and  the  yeas  and  nays  on  any  (piestion  shall  b(‘  taken,  and 
ent(‘red  on  the  jonrnal,  at  the  desire*  of  any  two  members.  ^Vh(*n(*ver  tin* 
yeas  and  nays  are  demanded,  the  whole  list  of  meml)ers  shall  be*  called, 
and  the  names  of  abs(*ntees  shall  be  noted,  and  publish(*d  with  the*  journal. 

Sec.  21.  The  sessions  of  each  house  sliall  be  held  with  oj)en  dooi>, 
except  in  cas(‘s  which  may  reepiire  s(*crecy  . 

Sec.  22.  Neither  house  shall , without  the  couseut  of  the  otlu'r.  adjourn 
for  more  than  two  days  at  any  one  time,  noi*  to  any  oth(*r  j)lac(*  than  that 
in  which  th(^  two  houses  may  be  sitting. 

Sec.  2IE  Hills  may  originat(>  in  (‘ither  hous<*,  and  may  be  altt*red. 
amend(‘d.  or  reject(*d  by  the  other;  and  (‘very  bill  shall  be  read  on  thr(‘e 
ditf(*rent  days  in  each  hous(*,  uid(*ss  two-thirds  of  the  house,  wh(‘re  tin* 
saim*  is  pending,  shall  disp(*nse  with  (his  i-ide;  and  every  bill,  havings 
passed  both  houses,  shall  be  signc'd  by  tiu^  Sp(*aker  of  tlu*  llous(^  of 
R(*l)res(‘ntativ(*s,  and  by  the  Fresid(‘nt  of  tlu*  S(‘nat(*. 

Sec.  24.  No  bill  shall  be  passed  md(*ss  by  tlu*  assent  of  a majority  of 
all  the  nH*nd)(*rs  (*l(*cted  to  (*ach  hranch  of  the  G(*n(*ral  Ass<*mbly;  and  tlu* 
(pu'stion  tipon  tlu*  linal  passage  shall  lx*  tak(*n  immediat(*ly  upon  tlu*  last 
reading;  and  the  yc'as  and  najts  shall  lx*  tak(‘n  ther(*on  and  (*nt<*i*<*d  upoii 
tlu*  journal . 

Sec.  25.  No  act  shall  be  reviv(*d  or  re-(*nact(*d  by  nu*r(*  r(*f(*r(*nc(*  to  tlu* 
titk*  th(*r(*of;  nor  shall  tiny  act  lx*  anu*nd(*d  by  providing  that  d(*signated 
words  t lu*r(*of  shall  lx*  struck  out,  or  that  d(*signat(*d  words  shall  lx*  struck 
out,  and  oth(*rs  ins(*rt(*d  in  lieu  tlu*r(*of;  but  in  (*v(*ry  such  cas(*  (lu*  act 
reviv(*d  or  r(!-(*nact(*d,  oi*  tlu*  act  oi*  pai-t  of  act  anu*nded,  <hall  lx*  s(*t  foi-th 
and  ])ublished  at  length,  as  if  it  w(*i-(*  an  oi-iginal  act  or  provision. 

Sec.  2().  4'he  styhi  of  tlu*  laws  of  this  State*  shall  lx* — * ’lie  if  endctejl  by 
fhe  (General  AHHcmhly  o f the  State  o f Missouri,  as  foil otrs. 

Sec.  27.  Tlu*  Gen(*ral  Assc'mbly  shall  not  pass  special  laws  divoiving 
any  nanu*d  ])arti(*s;  or  declaring  any  nanu*d  p(*rson  ofag(*;  or  aidhorizing 
any  nanu*d  minor  to  s('ll,  l(*ase,  or  encnmb(*r  his  oi*  lu*r  ])rop(*i*ty;  or 
l)rovi(ling  for  the  sah?  of  the  real  estate*  of  any  named  minor  or  othe*r 


24 


C;ONSTlTUTIOX  OF  THE 


])ors(>n.  lal)()r’m<>’  under  leg’al  disal)ility,  by  any  executor,  administrator, 
gnai’dian,  tiaistee.  oi- other  i)er.sou ; or  cliaii<>in<>’  tlnmiame  of  any  ])(*rsoii ; 
or  (‘stablishin^’.  locating’,  alt(*i‘ino-  the  eonrs(‘,  or  alfectinii’  the  construction 
of  roads,  oi-  tiie  huildino-or  r('])airino’  of  hi-id^-es;  or  estahlishin^,  alterin<^. 
or  vacatin<»  ()f  any  street,  aveniu',  or  alley  in  any  city  or  town;  or  exhmdin^- 
tli(^  time  foi'  the  ass(;ssm(‘nt  or  collection  of  taxes,  or  oth(*rwise  relieving- 
any  assessor  or  collector  of  taxes  from  tin;  due  i)erforniauce  of  his  otii(aal 
tluties;  oi*  ^ivin^’  elfect  to  informal  oi'  invalid  wills  or  deeds;  or  le»'ali/in«’, 
excei)t  as  against  tlu*  State,  the  unauthorized  or  invalid  acts  of  any  officer: 
or  ^rantin^'  to  any  individual  or  comi)anv  the  right  to  lay  down  I'ailroad 
tracks  in  tlu;  streets  of  any  city  or  town;  or  exempting’  any  |)roi)crty  of 
any  named  i)erson  or  corporation  trom  taxation.  The  (General  Asseiiihly 
shall  ])ass  no  s[)ecial  law  for  any  case  foi’  which  lu'ovision  can  he  made  hy 
a general  law;  hut  shall  pass  g-eneral  laws,  i)roviding,  so  far  as  it  may 
deem  necessaiy,  for  the  cases  enumerated  in  this  section,  and  for  all  other 
eases  whei-e  a general  law  can  ])e  made  applicable. 

Sec.  28.  The  (hmeral  Assembly  shall  never  authorize  any  lott(‘ry;  nor 
sliall  the  sale  of  lottery  tickets  he  allowed;  nor  shall  any  lottery  heretofore 
authorized  he  i)ermitt('d  to  he  drawn,  or  tickets  therein  to  he  sold. 

Sec.  29.  The  General  Assembly  shall  have  no  power  to  make  compen- 
sation for  emancipated  slaves. 

Sec.  30.  The  Gemn-al  Assemldy  shall  have  no  pow('r  to  remove  tln^ 
(ounty  seat  of  any  county,  unless  two-thirds  of  the  qualitied  voters  of  the 
county,  at  a general  (dection,  shall  vote  in  favor  of  such  removal.  No 
compensation  oi-  indemnity  for  I’eal  estate,  or  tlie  im])rov(mients  thereon, 
affected  by  such  removal,  shall  he  allowed. 

Sec.  81.  The  General  Assembly  shall  have  no  power  to  establish  any 
new  county  with  a territoi-y  of  less  than  five  hundred  s(piare  miles,  or 
with  a ])opulation  less  than  the  ratio  of  repi-esentation  existing  at  tin* 
time;  nor  to  reduce  any  county  now  established  to  less  than  that  area,  or 
to  less  ])opulation  than  such  ratio. 

Sec.  82.  No  law  euaeded  hy  the  General  Assembly  shall  relate  to  more 
than  one  subject,  and  that  shall  he  exj)r(‘ssed  in  the  title;  hut  if  any  subject 
(Unbraced  in  an  act  he  not  ('xpressed  in  the  title,  such  act  shall  he  void 
only  as  to  so  much  thereof  as  is  not  so  (‘xpressed. 

Sec.  88.  The  General  Assembly  shall  direct,  bylaw,  in  what  inannei’. 
and  in  what  courts,  suits  may  he  l)rought  against  the  State. 

Sec.  84.  When  any  ot1ic('r,  civil  or  military,  shall  he  appointed  by  tin* 
joint  or  coiicui-reut  vote  of  both  houses,  or  ])y  the  sei)arate  voh'  of  either 
liouse,  the  votes  shall  h('  publicly  given  viva  voce,  and  entered  on  tlu' 
journals. 

Sec.  85.  4'he  General  Assembly  elected  in  the  year  oiu'  thousand  tuglit 
hundred  and  sixty-six.  shall  nuad  on  the  tirst  Wedn(‘sday  of  danuai’y. 
one  thousand  eight  hundred  and  sixty-srwen;  and  theioafh'r  the  Gemn-al 
^Vssemhly  shall  m(*(d,  in  regulai’  s(‘Ssion,  ou(*e  in  every  two  yc'ars;  and 
siudi  meeting  shall  he  on  the  tirst  Wednesday  of  damiary,  unless  a 
(litfei-ent  day  he  fixed  hy  law. 

Airrt(  LE  V. 

EXE C (IT  1 V E ])E P AIITM ENT. 

Section  1.  The  sipireme  exeiailive  iiower  shall  he  vested  in  a (8u(d’ 
Magisti‘ate.  who  shall  h(‘  styled  *•  "d’he  Gov(“rnoi’  of  the  State  of  Missouri. 

Sex'.  2.  Th(*  Gov(*ruor  shall  he  at  least  thirty-tlv(‘  y(>ars  old,  a whit(‘ 
nul(‘  citiziM)  of  the  Uuihal  State's  t(‘n  years,  and  a resident  of  this  States 
seven  y('ars  next  Ix'fore^  his  (‘h'clion. 

Sec.  8.  'I’lu' Governor  ('lected  at  the  gi'in'ral  (d(*ctiou  in  the  y<*ar  one 
thousand  (‘ight  hundiT'd  and  sixty-eight,  and  (‘ach  Gov('rnor  thcreattcr 
cl(‘(dcd,  shall  hold  his  office  two  vx'ars,  and  until  his  succ('.'<sor  he  duly 
elected  and  (|ualili(‘d.  At  tlu;  tiim*  and  pla(*(‘  of  voting  for  nu'udx'rs 
(>f  th(>  Ilous(*  of  l*e)>res('ntatives,  th('  (pialilic'd  voters  shall  vote  lor  a 
Gov(*i’nor;  and  when  tvxo  oi'  more  ])ersons  hav(*  an('(pial  numlx'r  ol' vote's, 
and  a higlu']-  number  than  any  other  pe'rson,  the  ('le'ctlon  shall  he  de'cide'd 


STATK  OF  MISSOFIM.  25 

l)('l\V('(Mi  tiu'in  l)V  ;i  joint  v()t(‘  of  both  Iloiisos  of  tin;  (hMU'ral  Ass(onl)ly, 
at  tlu'ii'  noxt  S(‘ssioii. 

Skx'.  4.  Tlu*  (Jovonior  sliall  not  be  eli<>'il)le  to  otlice  nioi-(^  than  four 
years  in  six. 

Skc\  5.  The  (h)V('rnor  sliall  be  eoininan(l(M*-in-ebief  of  the  militia  of 
this  State',  exee'pt  when  tlu'y  shall  be  eall(Ml  into  the  serviea^  of  the*.  United 
State's;  but  he  nee'el  neit  e'onnnand  in  persem,  nnle'ss  aelvise'el  te)  do  se)  by  a 
re'Sf  Intieni  eif  the  (h'lie'i-al  Assembly. 

Si:c.  ().  The  (Joveiamr  shall  haA'e  the  iiower  to  ^rant  i-eprie'ves,  eoi.imn 
tations  anel  iiardems,  after  convict lem,  tor  all  otre'iises  exe^ejit  treasein  and 
e'ases  e)f  Impeae'hment,  upon  such  conditions,  and  with  such  i-estriediems 
anel  limitations,  as  he  may  think  jiroper,  subject  to  sue'h  rei^iilations  as 
may  be  iireivided  lyy  law  n'lative  to  the  manner  of  applying-  for  jiarelons. 
He  shall,  at  each  session  of  the  Oeneral  Assembly,  cemimunicate  to  that 
boely  eae'h  ca.^e  of  reprieve,  commutation,  or  jiardein  granted,  statin^-  the 
name  of  the  convict,  the  crime  of  which  he  was  e-onvicted,  the  sente'iice 
anel  its  elate,  the  elate  of  the  commutation,  parelon,  eir  reprieve,  anel  the 
reasons  fen*  ^’rantin^*  the  same.  He  shall  take  e*are  that  the  laws  be  dis- 
tributed and  faithfully  executeel;  anel  shall  be  a conservator  of  the  peace 
throughout  the  State' . 

Sec.  7.  The  Governeu*  shall,  from  time  to  time,  give  to  the  General 
Assembly  informatie)n  re'lative  to  the  state  of  the  Government,  and  shall 
recommend  to  their  considei*ation  such  measures  as  he  shall  deem  neces- 
sary and  e'xpedie'iit.  On  e'xtraordinary  oce*asions  he  may  ceenvene  the 
Ge'iieral  Assembly  by  ])roclamation,  wherein  he  will  state  sp('citi(*ally  each 
matter  concerning  which  the  action  of  that  body  is  deeined  necessary;  and 
the  General  Assembly  shall  have  no  i)ow('r,  w hen  so  convened,  to  act 
iqx)!!  any  mattei*  not  so  slated  in  the  proclamation. 

Sec.  8.  When  any  otlice  shall  become  va(*ant,  the  (Jovernor,  unless 
othei*vvis<',  ])rovided  by  huv,  shall  appoint  a i)erson  to  (ill  such  va(;ancy, 
who  shall  continue  in  otlice  until  a successor  shall  be  <hdy  elected  or 
a])pointed,  and  (pialilied  according  to  law. 

Sec.  h.  Every  bill  which  shall  hav('  been  passed  by  both  houses  of  the 
General  .Vssembly,  before  it  be<;om(iS  a law,  slrall  be  ])r('sent('d  to  the 
Governor  for  his  ap[)i‘obation.  If  he  appi-ove,  he  shall  sign  it;  if  not,  he 
shall  return  it  with  his  objections,  to  the  hous(‘  in  which  it  shall  have 
originated;  and  the  house  shall  cause  the  objections  to  Ix' entered  at  large 
on  its  journals,  and  sball  pi*occ('d  to  reconsider  the  bill.  Aftc'i*  such  i*e- 
consid('i*ation,  if  a majoi*ity  of  all  the  mc'inbers  elected  to  that  house 
shall  agr('(^  to  ])ass  tlu^  sam(\  it  shall  Ix'  s('nt,  tog('ther  with  the  objec- 
tions, to  tlx'  other  house,  by  whicb  it  shall,  in  lik(i  mamu'i*,  be  r('(''on- 
siderc'd;  and  if  appi*oved  by  a majority,  of  all  the  nuanlx'rs  eh'cted  to 
that  hous(',  it  shall  become  a la,w.  In  all  sneb  cases,  tlu'  votes  of  both 
hous('-s  shall  Ix'.  takem  by  yeas  and  nays,  and  tlu^  nanx'S  ot  tlx' nx'inlxn'S 
voting  foi*  and  against  tbe  bill  shall  Ix^  cnt(‘r('d  on  the  journals  of  ('a(;h 
house  respect! vx'ly.  If  any  bill  shall  ix)t  Ix^  ri'tui’ix'd  by  tlx'  (jovc'rnoi* 
within  ten  days  (Sundays  exc('pt('d)  aftci*  it  shall  have  bec'n  i)i*(\sent('d 
to  him,  tlx'  sanx!  shall  Ix'conx*  a law*,  in  like  manner  as  if  tlx'  Gov('rnoi* 
had  sigix'd  it,  uid('ss  tlx'  Geix'i’al  Ass('nd)ly,  by  its  adjonrnnx'nt , shall 
]»revent  its  n'turn;  in  which  cas('  it  shall  m)t  Ix'c.ome  a law,  unless  tlx' 
Govc'riior,  after  such  adjoui'nnx'ul , and  within  t('n  days  aft('i*  the  bill  was 
|)i*(*s('nt('(l  to  him,  (Sundays  ('xcejib'd,)  shall  sign  afxl  (h'posit  tlx'  sanx'  in 
the  otlice  of  tlx;  S(;cr('tary  of  Stall',  in  which  casi'  it  shall  Ix'c.'ome  a law, 
in  liki;  mamx'i*  as  if  it  had  bei'ii  sigix'd  by  him  during  tlx;  session  of  the 
(h'lieral  Assi'inbly . 

Sec.  10.  Every  r(;sol  lit  ion  to  which  the  c.onciirri'nce  of  the  Si'iiati;  and 
House  of  lii*i)r(‘sentativ('s  may  Ix'  ix'ci'ssary,  ('xci'pt  on  ipx'stions  of 
adjournnx'iit , of  going  into  joint  si'ssion,  and  of  am(;nding  this  ( con- 
stitution, shall  lx;  ])r('senti'd  to  tlx;  Govi'rnor;  and,  Ix'fori'  tlx;  sanx' 
shall  taki;  ('Ifcct , shall  lx;  ])roc(*('dcd  upon  in  tlx;  sanx'  manix'r  as  in  tlx* 
casi;  of  a bill . 

Six;,  11.  Tlx;  (Governor  shall,  at  stated  tinx's,  receivi;  for  his  services 
an  adecpiati*  salary,  to  Ix'  tixi'd  by  law;  wbich  sball  neither  Ix;  increas(;d 
nor  diminished  during  his  continuance  in  otlice. 


26 


C()XSTITUTTON  OF  THE 


Sec.  12.  Tlioro  shall  bo  a Lientonaiit  Governor,  who  shall  ho  olootod  at 
the  same  tim(‘,  in  the  same  manner,  for  the  same  teian,  and  shall  possess 
the  same  ([iialitieations,  as  th(‘  Governor. 

Se(^.  1;1.  The  Lieutenant  Governor,  by  virtue  of  his  ollice,  shall  h(‘ 
Presid(mt  of  tlu'  Senate.  In  (^)mmittee  of  the  Whole  he  may  debate  on 
all  (juestions;  and  when  there  is  an  ecpial  division,  shall  give  the  easting- 
vote  in  theS(Miate,  and  also  in  joint  voh'  of  both  Houses. 

Sec.  14.  When  the  ollie(’;  of  Governor  shall  become  Auieant,  by  death, 
resignation,  removal  tVom  the  State,  removal  from  ollice,  refusal  to 
(jualify,  or  otherwise,  tlie  Lieutenant  Governor  shall  perform  the  duties, 
])Ossess  the  i)Owers,  and  receive  the  compcmsation  of  the  Governoi-, 
during  the  remainder  of  the  term  for  which  the  Governor  was  elected. 
IVdien  the  Governor  is  absent  from  the  State,  or  is  unable,  from  sickness, 
to  i)erform  his  duties,  or  is  under  impeachment,  the  Lieutenant  Governoi- 
shall  perform  said  duties,  possess  said  powers,  and  receive  said  conpien- 
sation,  until  the  Governor  return  to  the  State,  be  (uiabled  to  resume  his 
duties,  or  be  acquitted.  If  there  be  no  Lieutenant  Governor,  or  if  he  he 
absent  from  the  State,  disabled  by  sickness,  oi-  under  impeachimmt,  the 
President  of  the  Senate  p-o  tempore,  or,  in  case  of  like  absence  oi-  disability 
on  his  part,  or  of  there  being  no  President  of  the  Senate  pro  tempore,  th<* 
Speaker  of  the  House  of  Representatives  shall  assume  the  onice  of  Governor 
in  the  same  manner,  and  with  the  same  powers  and  com])ensation,  as  an* 
prescribed  in  the  case  of  the  office  devolving  on  the  Lieutenant  Governoi-. 

Sisc.  15.  The  Lieutenant  Governor,  or  the  President  of  the  Senate  7rr(y 
temj)ore,  while  presiding  in  the  Senate,  shall  receive  the  same  compensa- 
tion as  shall  be  allowed  to  the  Speaker  of  the  House  of  Representatives. 

Sec.  11).  There  shall  be  a Secretary  of  State,  a State  Auditor,  a State 
Treasurer,  and  an  Attorney  Generar,  who  shall  be  elected  by  the  qualitiiul 
voters  of  the  State,  at  the  same  time,  in  the  same  manner,  and  for  the 
same  t(u-m  of  office  as  the  Governor.  No  person  shall  be  eligilile  to  either 
of  said  offices  unless  he  be  a white  male  citizen  of  the  LTnited  States,  and 
at  least  twenty-live  years  old,  and  shall  have  resided  in  this  State  tiv(* 
years  next  before  his  election.  The  Secretary  of  State,  the  State  Auditor, 
the  State  Treasurer,  and  the  Attorney  General,  shall  keep  their  respective 
offices  at  the  seat  of  Government,  and  shall  perform  such  duties  as  may 
be  required  of  them  by  law. 

Sec.  17.  The  returns  of  all  elections  of  Governor,  Lieutenant  Governor 
and  other  Stati*  officers,  shall  lie  made  to  the  Secretary  of  State,  in  such 
manner  as  may  he  prescribed  by  law. 

Sec.  18.  Contested  elections  of  Governor  and  Lieutenant  Governor 
shall  he  decided  by  Joint  vote  of  both  houses  of  the  General  Assembly, 
in  such  manner  as  may  be  prescribed  by  law. 

Sec.  11).  Contested' elections  of  SeerGary  of  State.  Stab'  Auditor,  State* 
Treasurer,  and  Attorney  General,  shall  be  decided  before  such  tribunal, 
and  in  sm-h  manner,  as'inay  be  by  law  provided. 

Sec.  20.  The  Secretary  of  Sta'te  shall  Ixe  the  custodian  of  the  seal  ot 
state,  and  shall  authenticate  therewith  all  official  acts  of  the  Governor, 
his  approbation  of  laws  excejited.  The  said  seal  shall  lx*  (*alled  tlx* 
'•‘Great  Seal  of  the  Static  of  Missouri-,"  and  tlx'  emblems  and  devici's 
thereof  heretofoi-e  ])res(a-ibed  by  law  shall  not  he  subject  to  chaime. 

Sec.  21.  The  Secretary  of  State  shall  kei*])  a,  ri'gister  of  the  official  ac4s 
of  the  Governor,  and,  when  necessary,  shall  attest  them;  and  shall  lay 
copies  of  tlx*  same,  together  with  (*opies  of  all  ])apers  i-(*lating  theri'to, 
before  either  housi*  of  the  General  Assc'inbly,  wlx'ix'ver  i-eipui-ed  to  do  so. 

Sec.  22.  There  shall  be  eh'ided  by  the  (pialitied  voters  in  each  county, 
at  the  time  and  place's  of  electing  R('])r('sentatives.  a sheritf  anda  coroner, 
'fhey  shall  serve  for  two  y(*ars,  and  until  a successor  be  duly  ('leeb'd  and 
qualified,  unless  sooner  remove'd  foi-  malfeasance  in  ollice;  and  shall  lx* 
ineligible  four  yi'ars  in  any  }X'i-i(xl  of  eight  y(*ai-s.  llefon*  ent(*i-ing  on  the 
dutic'S  of  tlx'ir  ollice*,  the*y  sliall  give*  seem-ity  in  sue-h  ameiunt  anel  in  sue-li 
manner  as  shall  be*  pre'sea-ibeel  by  law.  Whe*neve*r  a e*e)imly  shall  be  he*re‘- 
after  establisheel,  the  Ge)ve*rne)i-  shall  aiipeiint  a slx'rilf  anel  a,  e-eireiix'i- 
the*re*in,  wlx)  shall  cemlinue  in  effiiea*  until  the*  next  sue*e‘e'e*eling  genera! 
(‘lectiein,  anel  until  a sueex'ssor  shall  be*  eluly  e*lee-teel  anel  e(ualilieeL 


HTAM'E  OF  .MISSOURI. 


Si-x\  2;}.  ^Vll(Ml(‘V(M•  a vacancy  sliall  liai)i)(‘ii  in  the  oHiec*  of  slnM’iff  oi- 
(‘oroner,  tlu‘ sanu' !>!h:ill  he  hlhai  hy  the  (’ounty  Coui't.  If  sueli  vaeaDcy 
happcMi  in  tin*  olliee  of  slu'ritf,  more'  than  niiu*  niontlis  ])i-ior  to  tiie  time  ()f 
liol(lino- a ♦‘■(Mieral  election,  siK'h  Uonnty  Uonrt  shall  immediately  onUa- a 
s})(*eial  (‘h'etion  to  till  lh('  same;  and  the  jxa'son  by  it  a])i)oint('d  shall  hold 
olliee  until  tlu‘  ])erson  ehosen  at  such  eh'ction  shall  he  duly  (jnalili(*(l ; 
otherwis<‘.  the  person  ai)pointed  by  sneh  ('ounty  (Joiirt  shall' hold  ollie<! 
until  the  person  chostai  at  sneh  oeneral  eh'ction  shall  l)e  duly  qnalitied . 
If  a vaeaiuy  hapj)en  in  the  otliee'of  eoroner,  the  same  shall  he  tilled,  for 
th<‘  remaimUa*  of  the  term,  by  such  (\)iinty  Court.  Xo  person  elected  or 
appointed  to  till  a vacancy  in  either  of  said  otlices  shall  thereby  h(‘ 
rendered  ineligible  for  the  next  succeeding  term. 

Sec.  24.  In  all  eh'ctions  for  sheriff  and  eoroner,  when  two  or  mon* 
persons  lane  an  equal  number  of  votes,  and  a higher  than  any  other 
person,  the  presiding  judge  of  the  County  Court  of  the  county  shall  give 
thecasting  vote;  and  all' contested  elections  for  the  said  otlices  shall  b(‘ 
decided  by  the  Circuit  Court  of  the  })roi)er  county,  in  such  manner  as  th<* 
General  Assembly  may  by  law  ])i-escri])e. 

Sec.  25.  The  Governor  shall  commission  all  oflicers,  not  otherwise* 
provided  by  law.  All  commissions  shall  run  in  the  name  and  by  tlu^ 
authority  of  the  State  of  Missouri,  be  sealed  with  the  State  seal,  signed 
by  the  Governor,  and  attested  by  the  Secretary  of  State. 

Sec.  20.  The  api)ointment  of  all  oflicers,  not  otherwise  direct;ed  by  this 
Constitution,  shall  be  made  in  such  manner  as  nuy  be  prescribed  by  law. 

ARTICLE  VI. 

JUDICIAL  DKPAIITMENT, 

Section  1.  The  judicial  ])Ower.  as  to  matters  of  law  and  equit}',  shall 
be  vested  in  a Supreme  Coiii-t,  in  District  Courts,  in  Cii-cuit  (Jonrts,  and 
in  such  iiderior  tribunals  as  the  General  Assembly  may,  from  time  to 
tiim*,  establish. 

Sec.  2.  The  Supreme.  Court,  except  in  cases  othei-wise  directed  by 
Ibis  Constitution,  shall  have  aiipellate  jurisdiction  only,  which  shall  1h* 
co-extensive  with  the  State,  under  the  restrictions  and  limitations  in  this 
Constitution  provided. 

Sec.  5.  Tln^  Suiireme  Court  shall  have  a general  snperinh'iiding  conti-ol 
over  all  inferior  (,'oiu-ts  of  law.  It  shall  have  power  to  issue  writs  of 
habeafi  corpus,  niandumus,  quo  warranto,  certiorari^  and  other  original 
renu'dial  writs,  and  to  hear  and  d(‘t(‘rmine  tin*  same. 

Sec.  4.  'fhe  Snprenu!  C4)nrt  shall  consist  of  three  judge's,  any  two  ot 
whom  shall  be  a (pioiMim;  and  the*  said  judges  shall  be  conservators  of  tin* 
peace  throughout  the  Stab*. 

Sec.  5.  The?  States  shall  b('  divid(*d  into  convenient  disti-icts,  not  to 
exceed  foin-,  in  ('ach  of  which  the*  Snpreme  ( -onrt  shall  lie  held,  at  such 
tinu^  and  {)lac('  as  the  G('nei-al  Asse'inbly  may  ai)|)oint;  and  when  sitting 
in  ('itlu'r  disti-ict,  it  sh:dl  exei-cise*  jurisdiction  ove'r  cause's  eeriginating  in 
that  elistried  eenly ; hnt  the'  (ieneral  Asse*mbly  may  elirect,  by  law,  that  the' 
said  court  shall  be'  held  at  eene^  jilae-e'  eenly. 

Sec.  ().  ddiei  jnelge's  eef  the*  Supivme'  Court  shall  heilel  eillie'e*  tor  the  te'rm 
of  six  year’s,  anel  until  the'ii-  sncce'sseu’s  shall  be  eluly  eleede'd  anel  epialitie'el, 
cxe*ept'as  he're*inafter  jii-eeviele'e! . 

Sec.  7.  At  the*  ge'iie'ral  e'h'ction  in  the  ye*ar  eene*  thousand  eight  hnnelre'el 
anel  sixty-eight,  all  the^  judge's  eef  the*  Supreme  ('e)urt  sh:dl  be*  e'k;e*te'el  by 
the  qualilie'el  ve)te*rs  e)f  the*  State*,  anel  shall  e'lite'r  upon  their  o(lie*e;  een  the* 
tlrst  Meinelay  in  .lauuary  ne*xt  ensuing.  At  the^  tlrst  sessieni  eef  the  e*ourt 
the'i’e*afte'r,  the*  jnelge's  shall,  by  le)t,  ele*te*rmine  the*  elnration  e)f  the*ir  seA’e*ral 
terms  eef  e)tlie*e*,  which  shall  be*  re*spe*e;ti\e‘ly  twe),  tbnr,  and  sixyeai’s;  and 
shall  e‘e*rtify  the*  re'sult  tee  the*  Se;ci’e*tai’y  eif  States.  At  the*  ge'iie'i’al  electiein, 
every  two  yeai’s  afte*i’  saiel  lirst  e*le*e*tion,  erne*  judge*  e)f  saiel  e'eiurt  shall  be 
e'le^cteel,  te)  heihl  erllle'e  lor  tlie^  ])ea’ie)el  eef  six  yc'ars  freem  the  lirst  Monelay  e)f 
danuary  ne*xt  e*nsuing.  The*  judge  having  at  any  tinier  the  shejrtest  te*rm 
to  serve  shall  be  the  iiresieling  judgee  of  the  court. 


28 


coNSTrruj'ioN  of  the 


Skc.  8.  If  a vaoaiify  shall  hai)])(‘ii  in  tlio  ollice  of  any  jiid^e  of  the 
Siii)r(‘ni(‘  (lourt,  by  death,  resignation,  i-enioval  out  of  tlK'  State,  or  otlu'r 
(lis<iualilieation,  the  Oovernoi-  shall  ai)i)oint  a snitahh'  ])ei-son  to  till  tin* 
vacancy  until  the  lu'xt  (>(‘nei‘al  (‘h^etion  occurring’  more  than  thive  months 
aft(*i- the  hap])enino'  of  sneh  vacancy,  when  tin;  sam(‘  shall  l)e  tilh'd  by 
(‘lection  by  the  (lualitied  voters  of  the  State,  for  the  residue  of  the  term,  " 

Se(’.  1).  In  eas(‘  of  a tie,  or  a contest(‘d  election  b(‘tw(‘en  the  candidates, 
the  same  shall  be  (h'tei'inined  in  the  manner  i)reseribed  by  law. 

Sec.  10.  If  in  ivgai'd  to  any  cause  ])(*ndin_i»- in  the  Suprenu' ( ’ourt.  the 
judy(‘S  sittin<i’  shall  be  equally  divided  in  o])inion,  no  judgment  shall  be 
<‘nter(‘d  therein,  based  on  such  division;  but  the  ])arties  to  the  cause  may 
ao-r(‘(^  upon  some  ])(‘rson,  learned  in  the  law.  who  shall  act  as  sp(*eial 
jud^e  in  the  cause,  and  who  shall  th(‘rein  sit  with  the  court,  and  <>ive 
decision,  in  the  same  manm'i-  and  with  the  same  etfec.-t  as  one  of  the 
judges.  If  the  i)arties  cannot  agree  U[)on  a s[)ecial  judge,  the  court  shall 
a])point  one. 

Sec.  11 . The  judges  of  the  Siqn-eme  Court  shall  give  theii-  opinion  ujxjn 
im])ortant  questions  of  constitutional  law,  and  upon  solemn  occasions, 
when  required  by  the  Governoi-,  the  S(‘nate.  oi-  the  House  of  Kei)i-esenta- 
tives  ; and  all  such  opinions  shall  be  published  in  eomieetion  with  the 
reported  decisions  of  said  court. 

Sec.  12,  The  State,  except  the  county  of  St.  T.,ouis,  shall  be  divided 
into  not  less  than  live  districts,  each  of  which  shall  embrace*  at  l(*ast  three 
judicial  eirciiits;  and  in  each  district  a court,  to  IxUviiow  n as  the  Disti-ict 
Coiii’t.  shall  b(‘  held,  at  such  time's  and  ])lac(‘s  as  may  be  provich'd  by  lawE 
Piach  District  Court  shall  be  lu'ld  by  tlu'  judges  of  tbe  Circuit  ('ourts 
embraced  in  the  district,  a majoilty  (jf  whenn  shall  be  a quoi‘um.  The 
District  Courts  shall,  within  their  respective  districts,  have  like  original 
jurisdiction  with  the  Su])reme  Court,  and  a])pellate  jurisdiction  from 
the  tinal  judgments  of  the  Circuit  Courts,  and  of  all  infeiaoi-  courts  of 
recoi-d  within  the  district,  except  Pi-obab*  and  County  Courts.  After  the 
establishment  of  such  District  Courts,  no  a])i)eal  or  writ  of  error  shall  li(*. 
fi'om  any  Circ-uit  Court,  oi-  interior  coui-t  of  record,  to  the  8u])reme  Court, 
but  shall  b(‘  prosc'cuted  to  tlu'  District  Coui’t;  from  th(‘  tinal  judgments  of 
which  an  appeal  or  wwit  of  erroi-  may  be  taken  to  the  Supreme  Court,  in 
such  cases  as  may  be  provided  by  hnv. 

Sec.  18.  The  Circuit  (yOiirt  shall  have  jurisdiction  over  all  criminal 
cases,  wdiich  shall  not  Ix'  othei'wise  ])roviti(‘d  for  by  law';  and  (‘xelusive 
original  jurisdiction  in  all  (‘ivil  cases,  wbich  shall  not  be  cognizabh'  Ix'foiv 
justices  of  the  peace',  until  otherwise  dir('ct('d  by  tlu'  General  .\ssembly. 
It  shall  hold  its  terms  at  such  time  and  ])lace,  in  each  county,  as  may  be 
by  law'  directed. 

Sec.  14.  The  State  shall  be  divided  into  convi'iiient  circuits,  of  w Inch 
the  county  of  St.  Louis  shall  constitute  oix',  for  ('acdi  of  which,  exc'ejet  as 
in  the  iK'xt  succeeding  section  sjx'C'itied,  a judge  shall  be  (‘lect('d  by  tin' 
qualified  voters  of  tlu'  res])ective  ciix'uits,'  and,  ex(*ept  as  hej-<‘inaft('r 
pi'ovided,  shall  be  electi'd  for  the  term  of  six  years;  but  may  contimu'  in 
ollice  until  his  successor  shall  Ix'  elect('d  and  (pialitied;  and  tlu' judge  of 
each  circuit,  after  his  ('lection  or  appointnu'iit,  as  lu'ix'inafti'r  jirovided, 
shall  r('sid('  in.  and  be  a cons('rvator  of  tin'  ]X'a(‘e  witliin  tlx'  cii-cuit  for 
w’bich  he  shall  Ix'  eleided  or  a])i)()int('d ; and  if  any  vai'ancy  shall  happ('n 
in  the  otlice  of  any  circuit  judge,  by  (h'ath,  n'signation,  n'lnoval  out  ot 
his  circuit,  or  by  any  other  disrpiaiitication , the  Governor  shall,  iqion 
being  satisti('d  that  a vai'ancy  ('xists,  issiu'  a writ,  of  (‘h'ction  to  till  such 
vacancy;  jiroviiU'd  that  said  vacancy  shall  hapjx'n  at  least  six  months 
bef()i’(Ghe  iK'xt  g('nei'al  (‘lection  for  said  judge;  l>ut  if  siu'h  vacancy  shall 
lKq)pen  within  six  moidhs  of  ilu'  gi'ix'ral  (‘h'clion  afoix'said,  tlx'  (Jovi'i'iior 
shall  apjioint  a judg(' for  such  circuit;  but  ('V('ry  (‘h'ldion  or  ai)j)ointm('nt 
to  till  a vacancy  shall  Ix'  foi-  tlu'  ix'sidiK'  of  llu',  h'rm  only.  .And  th(' 
GeiK'ral  Ass(‘mbly  shall  provid(',  by  law,  lor  llu'  el('(‘ti()n  of  said  judges 
in  tlu'ir  r('S]x‘(‘tiv('  circuils;  and  in  (‘ase  of  a 11(',  or  cont('s1cd  ('lection 
b(*tw(‘(‘n  lh('  can(lidat(‘S,  the  ,‘<ame  shall  b('  (l(‘t('rmined  in  tlu'  manm'r  to  Ix' 
|)r(‘s<‘i-ib('(l  by  law'.  And  tlu'  (h'licral  Ass(‘nd)ly  shall  providf',  by  law, 
for  the  ele(dion  of  said  ju(lg('s,  in  their  n'six'clive  circuits,  to  till  any 


STATE  OF  MISSOTHI. 


21) 

viicnncy  whicli  shall  ()(*(*nr  at  any  linn'  at  l(‘ast  six  nionllis  l>(>f()r(^  a ‘^cnicral 
(‘U'ction  toi*  said  Jiidn'cs,  At  the  general  (‘leelion  in  tli(‘  y(‘ar  one  thonsand 
(‘ig'lit  hnndrcMl  and' sixty-eigiit,  and  at  tin*  g-(*n(‘ral  (‘hadion  evei-y  sixth 
year  tht‘realt(“r,  exe(‘])t  as  lu'reinatter  pi-ovidcaL  all  th(^  eii'euit  Jndg'es  shall 
))(‘  (dcM'ted,  and  shall  entcn*  upon  tluai-  ofliees  on  tlu*  tirst  Monday  of 
danuary  ik'xI  ensuing’.  Xo  Judicial  eirenit  shall  hi^  all(‘r(‘d  or  (‘haiig’ed  at 
any  sc'ssion  of  tlu'  (Jeneral  .Vsseinhly  next  pre<‘eding  the  g’eiieral  election 
for  said  judges. 

Sk(’.  IT).  From  and  afhu-  the  tii’st  day  of  January,  one  thoiisand  eight 
hundred  and  sixty-six.  tlu*  ('iieuit  Court  of  the  county  of  St.  Louis  shall 
1)(*  eom})os(‘d  of  tlu’ee  judges,  each  of  whom  shall  try  causes  sei)arately, 
and  all,  or  a majority  of  whom,  shall  constituh*  a court  in  hank,  to  decide 
(piestions  of  law,  and  to  con-ect  (*rrors  occurring  in  trials;  and,  from  and 
after  that  day,  tluue  shall  not  h(‘  in  said  county  any  other  court  of  record 
having  civil' jurisdiction,  excej)t  a Trohate  f'ourt  and  a (A)unty  Court, 
'fhe  additional  judges  of  th('  Circuit  C’ourt  of  the  county  of  St.  Lonis. 
authorized  hy  tliis  section,  shall  be  ap})ointed  by  the  Covcuaior,  with  the 
advic(‘  and  consent  of  the  Senat(^.  and  shall  hold  their  ofliees  until  the  next 
general  election  of  judges  of  Circuit  Courts,  when  the  whole  number  of 
tin*  judges  of  said  court  shall  l)e  (dected.  At  the  tirst  session  of  said  court 
afb'r  the  judg(\s  thereof  who  may  l)eelect(*d  in  the  y(*ar  one  thousand  eight 
hundred  and  sixty-eight  shall  have  assumed  olliee.  the  said  judges  shall, 
by  lot,  determim*  tlarduration  of  their  several  terms  of  ottice.  which  shall 
be,  ]’espe(,‘tively , two,  four,  and  six  y(‘ars;  and  shall  certify  the  result  to 
the  Secretary  (if  Stab*.  At  the  g(“nei-al  election  every  two  years  aftei-  tin* 
ch'ction  in  that  year,  om*  judge  of  said  eoiu’t  shall  be  ei(*cted,  to  hold 
ottice  for  tin*  t(*rm  of  six  yeai’s  from  the  tii’st  .Monday  of  January  n(*xt 
ensuing.  J’he  (jeiu'ral  Ass(‘mbly  shall  hav(*  power  to  in(*i‘(*as(*  the  numb(*r 
of  the  judges  of  said  court,  from  tinn*  to  time,  as  the  public  interest  may 
recpiire.  Any  additional  judg(*s  anthoi’ized  shall  hold  oflice  for  the  t(*rm 
of  six  y(‘ars.  and  b(*  (*l(“ct(*d  at  a gc'iiei’al  (‘lection,  and  enter  upon  th(‘ir 
ottice  on  the  tirst  Monday  of  January  next  (‘iisuing. 

Six’.  10.  Th(‘  jiia  visions  eontaiiKMl  in  this  Artichy  re(piiring  an  (‘lection 
to  b(*  held  to  fill  a vacancy  in  tin*  ()tlie(‘  of  judg(‘S  of  tin*  Snpr(‘me  and 
Circuit  Courts,  shall  hav(‘  r(‘lation  to  vacanei(‘s  occurring  aft(‘r  the  y(‘ar 
one  thousand  (‘ight  hundred  and  si\ty-(‘ight;  up  to  wtiicii  tinu' any  such 
vacancy  shall  be,  tilU'd  by  ai)p()intm(‘nt  by  tlu*  C()V(‘rn()i-. 

Sk(’.  17.  If  th(‘i’(‘  b(*  a vacancy  in  the  otlice  of  judge  of  any  circuit,  or 
if  he  be  sick,  abs(‘nt,  or  from  any  eaus(‘  nnabk*  to  hold  any  t(‘i-m  of  court 
of  any  county  of  his  eii-cnit.  such  term  of  court  may  b(‘  held  by  a judg(‘ 
of  any  ()th(‘r  eirenit;  and  at  the  l•e(|U(‘st  of  tin*  judge  of  any  circuit,  any 
b'rin  of  court  in  his  eirenit  may  lx*  h(‘ld  by  tlu*  judge*  of  any  otlu'r  eirenit . 

Six’,  is.  Xo  ])(‘rs()n  shall  lx*  eli'cted  or  appolnt(‘(l  a judge*  of  tlu*  Su- 
pr(*nu!  ('ourt . nor  of  a ( 'ireiiit  Court.  Ix'fore  he*  shall  have*  attaiiu*d  to  tlu* 
age*  of  thirty  years,  and  have*  bee'ii  a ciliz(*n  of  the  Cnited  States  tive* 
ye*ars.  and  a epialitied  vot(*r  of  this  State  thre*(*  ye*ars. 

Sue.  It).  Any  judge*  of  the  Supreme*  Court  or  the  ('ireiiit  (\)urt  may 
be  r(*nu)V(*d  tVom  otlice.  on  tlu*  ail(lre*ss  of  t wo-thirds  of  each  house*  of  the* 
the*  (b*n(*ral  Ass(*mbly  to  the*  (love*rnor  foi’ that  purpose*;  but  (*ae*h  house* 
shall  state,  on  its  respective*,  journal,  tlu*  cause  for  whi(*h  it  shall  wish  the* 
r(*nu)val  of  such  judge*,  and  give*  him  notice*  th(*re*e)f;  and  lu^  shall  have* 
the;  right  to  be  luairel  in  his  d(*fens(*.  in  su(*h  mann(*r  as  tlu*  (i(*ne*ral  As- 
sembly shall  by  law  elir(*(‘t;  but  no  judge*  shall  be  i-(*nu)veel  in  this  maniu'r 
foi’  any  eanse*  for  which  he*  might  have*  b(*(*n  imp(*aeh(*el. 

Six’.  20.  ddie  juelg(*s  of  the*  Snpre*nu*  Court,  and  tlu^  ju(lge*s  of  the* 
(Ji’e.nit  ('ourts  sliall,  at  staf(*d  times,  rex*(*iv(^  a comp(*nsation  for  the*ii’ 
servie(*s,  to  be*  tixexl  by  law,  which  shall  not  lx*  diminished  during  the* 
period  for  which  lh(*y  Vvere*  (*le*et(*el. 

Skc.  21.  'flu*  (Mreuit  (\)urt  shall  (*\e*rcis(i  a sup(*)-lnt(*nding  control  ()V(*r 
all  such  interior  tribunals  as  the*  (b*n(*i-al  .\ss(*ml)ly  may  establish,  and 
()V(*r  justie'cs  of  tlu*  pe*ace*  in  e*a(di  comity  in  tluar  r(*s])(Hdive  c.ircnits. 

Sue.  22.  d’he  Supi’eme  Court  and  the  Disti’ict  ('ourts  shall  appoint 
lh(*ii-  r(*spective  clerks,  ('lerks  of  all  otlu*)’  courts  of  i‘(*e*ord  shall  lx* 
ele*cted  by  the  epialitied  voters  of  the;  county,  at  a general  (*lec,tie)ii,  and 


30 


CONSTITUTION  OF  THE 


sluill  liokl  ottice  foi-  tlie  tei-ni  of  fouryeai-s  from  and  after  tlie  tirst  ISIoiiday 
of  fJamiary  lU'Xt  ensuing,  and  \mtil  tlieii-  successors  are  <!uly  elected  and 
(lualitied.  The  fii-st  election  of  sncli  clerks  afha-  the  adoi)tioir  of  this  (,'on- 
stitiition  shall  he  at  the  <!;’en(‘ral  election,  in  the  year  one  thousand  ei^ht 
hundred  and  sixty-six,  any  existing’  law  of  the  State  to  the  contrary  not- 
withstanding. 

Sec.  23.  Inferior  tribunals,  to  be  known  as  (bounty  Courts,  shall  he 
(“stahlished  in  each  county,  for  the  transaction  of  all  county  business.  In 
such  courts,  or  in  such  other  trilninals  inferior  to  the  (drcuit  Courts,  as 
the  General  Assembly  may  establish . shall  be  vested  the  jurisdiction  of 
all  matters  api)ertaining  to  probate  ])usiness,  to  granting  letters  testament- 
ary and  of  administration,  to  settling  the  accounts  of  "executors,  admin- 
istrators and  guardians,  and  to  the  ap])ointment  of  guardians,  and  such 
other  jurisdiction  as  may  be  conferred  by  law. 

Sec.  24.  No  clerk  of  any  coiu’t  established  by  this  Constitution,  or  by 
any  law  of  this  State,  shall  apply  to  his  own  use  from  the  fees  and  emolii- 
meius  of  his  ottice,  a greater  sum  than  two  thousand  live  hundre(Ealol- 
lai’s  for  each  year  of  his  ollicial  term,  after  paying  out  of  such  fees  and 
emoluments  such  amounts  for  deputies  and  assistants  in  his  olHce  as  the 
court  may  deem  necessary  , and  may  allow;  but  all  surplus  of  such  fees 
and  emoluments  over  that  sum,  aftei’  paying  the  amounts  so  allowed, 
shall  be  paid  into  the  county  treasury  for  the  use  of  the  comity.  The 
General  Assembly  shall  pass  such  laws  as  may  be  necessary  to  carry  into 
effect  the  provisions  of  this  section. 

Sec.  25.  In  each  county  tliere  shall  be  appointed,  or  elected,  as  many 
justices  of  the  peace  as  the  public  good  may  be  thought  to  require.  Th(‘ir 
powers  and  duties,  and  their  duration  in  office,  shall  be  regulated  liy  law. 

Sec.  2().  All  writs  and  process  shall  run,  and  all  prosecutions  shall  be 
conducted,  in  the  name  of  the  ‘‘State  of  Missouri; ” all  writs  shall  be 
tested  by  the  clerk  of  the  court  from  which  they  shall  be  issued;  and  all 
indictments  shall  conclude  ‘ ‘against  the  peace  and  dignity  of  the  State.  ’ ’ 

ARTICLE  YII. 

IMPEACILMEXTS. 

Section  1.  The  Govei’iior,  Lieutenant  Governor,  Secretary  of  State, 
State  Auditor,  State  Treasurer,  Attorney  Gemaal,  and  all  judges  of  the 
courts,  shall  be  lialffe  to  imjieachment  for  any  misdemeanor  in  office;  but 
judgment,  in  sucli  cases,  shall  not  extend  further  than  removal  from 
office,  and  disqualitication  to  hold  any  office  of  honor,  trust,  or  profit 
under  this  State. 

Sec.  2.  The  House  of  Representatives  shall  have  the  sole  })ower  of 
impeachment.  All  impeachments  shall  be  tried  by  the  Senate;  and,  when 
sitting  for  that  pui’iiose,  the  Senators  shall  be  on  oath  or  affirmation  to  do 
justice  according  to  law  and  evidence.  When  the  Governor  shall  be  tried, 
the  ])residing  judg(“  of  the  Supreme  Court  shall  pivside.  No  person 
shall  be  (*onvicted  without  the  coucurrence  of  two-tliirds  of  the  Senators 
present. 

ARTICLE  VI H. 

HANKS  AND  CORPORATIONS. 

Section  1.  No  corporate  body  shall  hereaft('r  be  created,  rcMiewed,  or 
extended,  Avith  the  pilvilege  of  making,  issuing,  oi- putting  in  circula- 
tion any  notes,  bills  or  other  pa])(M’,  or  the  pai)er  of  any  other  bank,  to 
circulate  as  money;  and  the  General  Assembly  shall  i)i-ohi])it,  by  law, 
individuals  and  cori)orations  from  issuing  bills,  checks,  tick('ts,  i)romis- 
sory  notes,  or  othei’  paper,  to  cii’culate  as  money. 

Sec.  2.  No  law  shall  be  passed  reviving  or  rc-caiacting  any  act  hereto- 
foi-e  passed  creating  any  privab*  cori)oration,  where  such  corporation 
shall  not  have  been  organized  and  commenced  tin'  transaction  of  its  busl- 
tH'ss  within  one  y(*ar  from  th(‘ time  such  act  took  ('ffind,  or  within  such 
other  time  as  may  have  been  i)rescribed  in  such  act  for  such  organizatiou 
and  commencement  of  business. 


STATE  OF  MISSOl  HI. 


31 


Six'.  IT  '^riu'  (JciKM'al  .Vss('iubly  slinll,  at  Its  first  si'Ssion  af'Ici'  tliis  Con- 
stitution o’0(‘s  into  otiVct,  (Miact  laws  ('nahlin^'  any  of  tli(‘  existing'  hanks 
of  issiu' to  rc'orpmi/x*  as  National  hanks  iindci- the  act  of  Con<>r(‘Ss;  and 
shall  also  ])rovidc  for  Hu*  saU^  of  tlu'  stock  owiu'd  hy  tliis  State  in  the 
Hank  of  tlu'  Stati'  of  iNlissouri,  upon  such  terms  and  eoiiditioiis  as  shall 
h«‘  hy  law  established. 

Six’.  4.  Corporations  may  he  formed  under  general  laws,  hut  sliall  not 
he  cri’ated  hy  siiecial  acts  exceiit  for  municipal  piu'poses.  All  gen<‘ral 
laws  and  sjiecial  acts  passed  pursuant  to  this  section  may  lie  altered, 
annmded.  or  repealed. 

Sicc.  0.  No  municipal  corporations,  except  cities,  shall  lie  created  hy 
special  act;  and  no  city  shall  he  incorporated  with  less  than  fiv(‘  thousand 
permanent  inhahitants,  nor  unless  the  people  thereof,  hy  a direct  vote 
upon  the  question,  shall  have  decided  in  favor  of  such  incorporation. 

Six:.  G.  Dues  from  private  corporations  shall  lie  secured  hy  such  means 
as  may  he  prescribed  hj^  law;  l)ut  in  all  cases  each  stockholder  shall  lx* 
individually  liable,  over  and  above  the  stock  hy  him  or  her  owned,  and 
any  amount  unpaid  thereon,  in  a further  sum,  at  least  equal  in  amount 
to  "such  stock . 

ARTICLE  IX. 

rmuCATioN. 

Section  1.  A general  diffusion  of  knowledge  and  intelligence  lieing 
essential  to  the  preservation  of  the  rights  and  liberties  of  the  iieople,  the 
General  Assembly  shall  establish  and  maintain  free  schools,  for  the 
gratuitous  instruction  of  all  persons  in  this  State,  hetw(‘en  the  ages  of 
live  and  twenty-one  years. 

Sec.  2.  Separate  schools  may  he  established  for  chihlren  of  African 
descent.  All  funds  jirovided  for  the  support  of  public  schools  shall  lx* 
ai)pro])riated  in  proportion  to  the  number  of  childi-en,  without  regard 
to  color. 

Sec.  G.  The  suiiervision  of  public  instruction  shall  he  vested  in  a Board 
of  Education,  wdiose  powers  and  duties  shall  he  prescribed  bylaw'.  A 
Superintendent  of  Rnhlic  Schools,  who  shall  he  the  President  of  the 
Board,  shall  be  elected  hy  the  qualitied  voh'rs  of  tin*  State*.  lie  shall 
possess  the  qualifications  of  a State  Senator,  and  hold  his  office  for  the 
term  of  four  years  ; and  shall  perform  sucli  duties,  and  receive  such 
cxnnpensation,  as  may  he  jirescrihed  hy  law'.  Tlie  Secretary  of  State*  and 
Attorne*y  Genei-al  shall  he  ex-officio  memhei'S,  anel,  with  the  Superin- 
te*nelent,  compose  saiel  Hoard  eef  Education. 

Sei’.  4.  The  General  Assembly  shall  also  establish  and  maintain  a State 
IJniveu’sity , with  ele;partnie*nts  foi'  instruedion  in  teae*hing,  in  agriculture, 
and  in  nahiral  se‘ie*nces,  as  soeen  as  the*  Puhlie;  Sehoe)!  Funel  will  permit. 

Sec.  5.  The  ])roce;e(ls  of  all  lanels  that  have*  he‘e*n,  eer  he*re*afte*r  may  he. 
granted  hy  the  Unite'el  States  to  this  Stateq  anel  not  eitlierw'ise^  api)re)pi'iateel 
hy  this  States  e)r  theUnite*el  States;  also,  all  in<)ne*ys,  stoe-ks,  heinels,  lanels. 
and  otlu'r  jireiperty  now  he'leenging  tei  any  fund  foi’  pnrpose*s  eef  e*elncation; 
also,  the  net  jiroex'eels  of  all  sales  of  lane'l  and  e)rhe*r  pre)pe*rtv  and  e*lfects 
that  may  accrue  to  the  State  hy  esche'at,  eir  freim  sales  e)f  estrays,  eir 
from  unclaime*d  elivielenels,  e)i’  distributive  share's  e)f  the  e'states  eef  dee*ease*el 
pe!rse)ns,  or  from  tines,  penaltie*s  and  torteitni'es;  also,  any  i)i’e)cee*ds  e)f 
the  sale's  of  the;  pnhlie*  lanels  which  may  have*he*e*n,  eer  he‘re*afte‘r  maybe*, 
jiaiel  e)ve*r  to  this  State  (if  (k)ngre‘ss  will  conse*nt  te)  sne*h  appropriation) : 
also,  all  other  grants,  gifts,  or  elevises  that  have  he*e‘n , eer  h(*i'e*afte*r  may 
he*,  maele  to  this  State,  anel  imt  othe*rwdse  aiipi'opriated  by  the  te*rms  eif  the* 
grant,  gift,  en*  ele*vise,  shall  he^  se*e:nre'ly  inve*ste*el  and  sacre*dly  prese*rve‘d 
as  a Hnhlic  Sclmeil  Funel;  the*  annuar income*  of  which  fund,  toge'the*r 
with  se)  much  of  the  ordinary  revenue!  e>f  the  State*  as  may  he  necessary, 
shall  he!  faithfully  appreipriated  feir  establishing'  and  maintaining  the*  fre*e* 
schoeils  anel  the  university  in  this  Article  proviele*d  for,  and  lor  no  either 
uses  en-  purposes  whatever. 

Sue;.  G.  Ne)  part  of  the  Public  Se*hool  Funel  shall  ever  he  inve*ste*d  in 
the  stock,  or  bonds,  or  other  obligations  of  any  State,  or  of  any  county. 


32 


(X3NSTriTJT[()N  OF  THE 


city,  town  or  corporation.  Tlie  stock  of  the  Bank  of  the  State  of  Missouri 
now  liehl  for  school  ])nri)oses,  and  all  other  stocks  helonoin^  to  any  school 
or  nniversily  fund,  shall  he  sold,  in  such  inanner  and  at  such  time  as  the 
(jleneral  Assembly  shall  ])rescril)e  ; and  the  proceeds  thereof,  and  the 
])roceeds  of  the  sales  of  any  lands  oi‘  other  property  which  now  Ixdong, 
or  may  hei-eafter  hclono-,  to  i^aid  school  fund,  may  he  invested  in  the 
bonds  of  the  United  States.  All  county  school  fuiids  shall  he  loaned, 
ui)on  good  and  sulticient  unincumbered  real  estate  security,  with  personal 
security  in  addition  thei'eto. 

Sec.  7.  Xo  townshij)  or  school  district  shall  receive  any  i)ortion  of  the 
Public  School  Fund  uidess  a free  school  shall  have  been  kept  therein  for 
not  less  than  three  mouths  during  the  year  for  which  distribution  thereof 
is  made.  3'h(‘  (feneral  Assembly  shall  hav(‘  ])ower  to  recpiire,  by  law. 
that  eveiy  child,  of  sufficient  mental  and  physical  ability,  shall  attend  the 
public  schools,  during  the  period  between  the  ag(‘S  of  tive  and  eighteen 
years,  for  a term  e(piivalent  to  sixteen  months,  unless  ediutated  by  other 
'means. 

Sec.  8.  In  case  the  Pu])lic  School  Fund  shall  he  insufficient  to  sustain 
a free  school  at  least  four  months  in  every  year  in  each  school  district  in 
this  State,  the  General  Assembly  may  j^rovide,  by  law,  foi-  the  raising  of 
such  deticiency,  liy  levying  a tax  on  all  the  taxable  property  in  each 
county,  township,  or  school  district,  as  they  may  deem  jiroper. 

Sec'.  9.  The  General  Assembly  shall,  as  far  as  it  can  he  done  witliout 
infringing  upon  vested  rights,  reduce  all  lands,  moneys,  and  other 
projierty",  used  or  held  for"  school  purposes,  in  the  various  counties  of 
this  State,  into  the  Public  School  Fund  hei-ein  provided  for  ; and,  in 
making  distrihution  of  the  annual  income  of  said  fund,  shall  take  into 
consideration  the  amount  of  any  county  or  city  funds,  aiiproiiriated  for 
common  school  piu'iioses,  and  make  such  distrihution  as  will  ecpialize  tin* 
amount  appropriated  for  common  schools  thronght  the  State. 

AR  JTGLE  X. 

iVlTLlTIA. 

Section  1.  All  able-bodied  male  inhabitants  of  this  State,  between  tiu' 
ages  of  eighteen  and  forty-tive  years,  who  are  citizens  of  the  UniPal 
States,  or  have  declai-ed  their  intention  to  become  citizens  of  tla^  United 
States,  shall  be  liable  to  military  duty  iii  the  militia  of  this  State;  and 
there  shall  he  no  exemption  froni  such  duty,  except  of  such  jiersons  as 
the  (ieneral  Assembly  may,  by  law,  exempt. 

Se(’.  2.  The  General  Assem'hly  shall,  by  law,  provide  for  tin*  organiza- 
tion of  the  militia,  and  for  the  paying- 'of  the  same  when  called  into 
actual  service;  hut  there  shall  he  no  officer  above  the  gradi'  of  hrigadiiu- 
general,  nor  shall  there  he  moi-i^  than  two  officers  of  that  grade. 

Sec.  9.  Each  comiiany  and  regiment  shall  elect  its  own  company  and 
regimental  officers;  lint  i'f  any  company  or  regiment  shall  neglect  to  elect 
such  officers  within  the  time  prescilhed  by  law  , or  by  the  order  of  the 
Governor,  they  may  he  ai)pointed  by  the  Governor. 

APTIGUE  XI. 

MlSCEl.LANEOUS  PROVISIONS. 

Section  1.  The  Genei-al  Assembly  of  this  State  shall  never  interlerc 
with  the  ])rimary  disposal  of  the  soil' by  the  Unittai  States,  nor  with  any 
regulation  whidi  Gongress  may  hnd  n(‘C(‘ssary  for  securing  the  tith*  in 
such  soil  to  th(^  bond  pde  purchasei-s.  Xo  tax  shall  b(‘  im])os(‘d  on  lands 
the  proi)erty  of  tin*  Unih'd  State's;  nor  shall  lands  belonging  to  jx'rsons 
r(;siding  out  of  the  limits  of  this  State  (‘V('r  be'  taxe'el  at  a higher  rate  than 
the  lanels  beleinging  tei  iierseins  resieling  within  the  State. 

Sec.  2.  The^  State  shall  have  (ienunirrent  Juriselie;tie)n  on  the  rivei- 
Mississiiipi,  and  on  eveu-y  either  river  horele'ring  on  the  saiel  State',  see  fa?- 
as  the'  said  riven-  shall  t'bi-m  a e'ommou  beumelaiw  tei  this  State  aiiel  any 
other  State  whie'h  imiy  be  bouneleel  tlu're'by;  anel  the  safel  river  Mississi])j)i 


STATE  OF  MISSOIIIM. 


33 


and  the  iiavi.u-ahlo  rivers  and  waha-s  h'adiii^’  info  tin*  sain(‘.  wlndlicr 
horderino-  on  or  Nvitliin  tins  State,  shall  be  eoininon  highways,  and 
forever  free  to  tlu'  citizens  of  this  State  and  of  the  United  States, 'without 
any  tax,  duty,  impost,  or  toll  therefor  imposed  hy  the  State. 

Sko.  .‘U  All  statute  laws  of  this  Stati*  now  in  fore(‘,  not  inconsistent 
with  this  ('onstitntion,  shall  continne  in  force  until  they  shall  ex[)ire  hy 
their  own  limitation,  or  he  amendc'd  or  repealed  hy  the  (General  Assembly; 
and  all  writs,  prosecntions,  actions,  and  causes  of  action,  except  as 
herein  otherwise  i)rovided,  shall  continue;  and  all  indictments  which 
shall  have  heim  fonnd,  or  may  hereafter  he  found,  for  any  ca-ime  or 
offense  (‘ommitted  before  this  (constitution  takes  effect,  may  he  proceeded 
upon  as  if  no  chan»-e  had  taken  place,  except  as  hereinafter  specified. 

Sec.  4.  Xo  ])erson  shall  l)e  prosecuted  in  any  civil  action  or  criminal 
proceeding-,  for  or  on  account  of  any  act  hy  him  done,  performed,  or 
executed,  after  the  first  day  of  Januaiy,  one  thousand  eight  hundred  and 
sixty-one,  hy  virtue  of  military  authority  vested  in  him  "by  the  (Tovern- 
meiit  of  the  United  States,  or  that  of  this  State,  to  do  such  act,  or  in 
])ursuauce  of  orders  received  hy  him  from  any  person  vested  with  such 
authority;  and  if  any  action  or  i)roceeding  shail  have  heretofore  been,  or 
shall  hei-eafter  be,  instituted  against  any  person  for  the  doing  of  any  such 
act,  the  defendant  may  plead  this  section  in  bar  thereof. 

Sec.  5.  No  ])erson  Avho  shall  hereafter  fight  a duel,  or  assist  in  the 
same  as  a second,  or  send,  accept,  or  knowingly  carry,  a challenge 
therefor,  or  agree  to  go  out  of  this  State  to  fight’ a duel,  shall  hold  aiiy 
office  in  this  State. 

Sec.  G.  Xo  money  shall  be  drawn  from  the  treasury,  but  in  conse- 
(^uence  of  ap])i-opriations  made  by  law;  and  an  accurate  account  of  the 
receijffs  and  expenditures  of  the  public  money  shall  be  annually  pub- 
lislied. 

Sec.  7.  Xo  ])erson  holding  an  office  of  i)rofit  und(‘r  the  United  States, 
shall,  during  his*  continuance  in  such  ofii(;e,  hold  any  office  of  ])rofit 
under  this  State. 

Sec.  8.  In  the  absence  of  any  contrary  i)rovision,  all  officers  now  or 
hereafter  elected  or  appointed,  shall  hold  office  during  their  official  t(*rm. 
and  until  their  successors  shall  be  duly  elected  or  appointed,  and 
qualified. 

Sec.  G.  The  (General  Assembl}"  shall  have  i)Owei-  to  repeal  or  modify 
all  ordinances  adopbul  hy  any  previous  ('onvention. 

Sec.  10.  The  seat  of  (iovernment  of  this  State  shall  remain  at  the  City 
ofJefierson. 

Sec.  11.  X(»  person  eman<‘ipat(“d  by  flu*  "Ordinance  ahoUshinfi  slavery/ 
in  Afissouri,'^ ’’  ado])ted  on  the  eleventh  day  of  January,  one  thousanil 
(‘ight  hundi-ed  and  sixty-tiv(u  shall,  by  any  ('onnty  Court  oi-  other 
anthority,  la*  api)renticed , or  bound  for  any  s(‘rvice,  exc(*pt  in  i)nrsnance 
of  laws  made  s])<a‘ially  api)li(;able  to  tin;  p(*rsons  so  emancipat(‘d. 

Sec.  12.  The  Ceneral  Ass(*ml)ly  sliall  provid(‘,  hy  law,  for  the 
indictment  and  trial  of  persons  (diarged  with  the  commission  of  any 
felony,  in  any  oth(*r  (‘onnty  other  than  that  in  which  the  ollensi*.  was 
committed,  whem'ver,  owing  to  p)-(*)udice,  or  any  other  cause,  an 
im])artial  gi-and  or  ])(!tit  jury  cannot  b(?  im])ann(‘l(*(l  in  the  county  in 
which  such  ofiens(*  was  committed. 

Sec.  13.  The  cr(*dit  of  the  State  shall  not  la;  giv(*n  or  loaiK'd  in  aid  of 
any  jan-son,  association,  oi*  corporation;  noi-  shall  the  Stat(^  hc?-eaftt‘r 
beconu^  a stockhold(*r  in  any  corporation  or  association,  (^xc(‘pt  for  the 
purpose  of  scaairing  loans  heretofore  (*xt(‘nded  to  certain  i-ailroad  corpo- 
rations hy  the  State, 

Sec.  14.  4'he  (b'neral  Asseml)ly  shall  not  anthoi-lze  any  county,  eity, 
or  town  to  h(*conu*.  a stockhold(*r  in,  or  to  loan  its  cr(*dit  to,  any  company, 
association,  or  coi-i)oration,  unless  two-thii-ds  of  the  ([ualitied  voters  of 
su<4i  county,  city,  oi-  town,  at  a i-egular  or  si)ecial  election  to  be  held 
therein,  shall  assent  th(M-eto. 

Sec.  15.  JJie  (leneial  Assembly  shall  have  no  pow'(*i-,  foi-  any  i)ur- 
pose  whatever,  to  r(*lease  the  lien  held  hy  the  Stab?  upon  any  railroad. 

3 


^4 


CONSTITUTION  OF  THE 


Sec.  10.  No  ])roi)erty,  real  or  personal,  sliall  be  exempt  from  taxa- 
tion, exee])t  such  as  may  be  used  exelnsively  for  public  schools,  and  such 
as  may  belong  to  the  'Unit(*d  States,  to  this  Stab*,  to  comities,  or  ot 
municipal  corporations  within  this  State. 

ARTICLE  XII. 

MODE  OF  AMENDING  AND  REVISING  THE  CONSTITUTION. 

Section  1 . This  Constitution  may  be  amended  and  revised  in  pursu- 
ance of  the  ])rovisions  of  this  Article. 

Sec.  2.  The  General  Assembly,  at  any  time,  may  propose  such 
amendments  to  this  Constitution  as  a majority  of  the  members  elected  to 
each  house  shall  deem  (expedient;  and  the  vote  thereon  shall  be  taken  by 
yeas  and  nays,  and  entered  in  full  on  the  jonrnals.  And  the  proposed 
amendments  shall  be  published  with  the  laws  of  that  session,  and 
also  shall  be  jinblished  weekly  in  two  newspapers,  if  such  there  be, 
within  each  ('ongrcssional  district  in  the  State,  for  four  months  next 
jirecedino’  the  general  election  tlien  next  ensuing'.  The  proposed  amend- 
ments shall  be  submitted  to  a vote  of  the  people,  each  amendment 
separately,  at  the  next  general  election  thereafter,  in  such  manner  as  tin* 
General  Assembly  may  i)rovide.  xVnd  if  a majority  of  the  qualified 
voters  of  the  State,  voting  for  and  against  any  one  of  said  amendments, 
shall  vote  for  such  amendment,  the  same  shall  be  deemed  and  taken  to 
have  been  ratihed  by  the  people,  and  shall  be  valid  and  binding,  to  all 
intents  and  purposes,  as  a part  of  this  Constitution. 

Sec.  3.  The  General  Assembly  may,  at  any  time,  authorize,  liy  law, 
a vote  of  the  i)eoi)le  to  be  taken  I'lpon  'the  qnekion  whether  a Convention 
shall  be  held  for  the  piirj)Ose  of  i-evising  and  amending  the  Constitution  of 
this  State;  and  if  at  siicb  election  a majority  of  the  votes  on  tlu*  question 
be  in  favor  of  a Ckmvention,  the  Governor  shall  issue  wi'its  to  the  sheriffs 
ot  the  different  comities,  ordering  the  election  of  delegates  to  such  a 
Convention,  on  a day  within  three  months  after  that  on  whi(*h  the  said 
question  shall  have  been  voted  on.  At  such  election  each  Senatorial  Dis- 
trict shall  elect  two  delegates  for  eaidi  Senator  to  which  it  may  then  be 
entitled  in  the  General  Assembly,  and  every  such  delegate  shall  have  the 
qualifications  of  a Simator.  The  election*  shall  be  conducted  in  con- 
formity with  the  laws  regulating  the  election  of  Senators.  The  delegates 
so  elected  shall  meet  at  such  time  and  i)lace  as  may  be  provided  by  law. 
and  organize  themselves  into  a Convention,  and  piaxteed  to  ivAise  and 
amend  the  Constitution;  and  the  Constitution,  when  so  revised  and 
amended,  shall,  on  a day  to  be  therein  fixed,  not  less  than  sixty  nor  moi-e 
than  ninety  days  after  that  on  which  it  shall  have  been  adopted  by  tin* 
(.’onvention,  be  submitted  to  a vote  of  the  people  for  and  against  it,  at  an 
election  to  beheld  for  that  pnr])Ose  only ; and  if  a majorityof  all  the  votes 
given  be  in  favor  of  snch  Constitution,  it  shall,  at  tlie  end  of  thirty  days 
after  such  (dection,  become  the  Constitution  of  this  Stahn  The  result  of 
such  election  shall  be  made  known  by  proclamation  by  tlu;  Govc'rnor, 
The  General  Assembly  shall  have  no  ])ower,  otherwise  than  as  in  this  sec- 
tion siiecified,  to  authorize  a Convention  for  revising  and  amending  the 
Constitution. 


ARTICLE  XI 11. 

PROVISIONS  FOR  PUTTING  THIS  CONSTITUTION  INTO  FORCE. 

y\nd  we  do  further  ordain  as  follows: 

Section  1.  The  i)receding  ])arts  of  this  instrument  shall  not  fak('  effect 
nnh'ss  this  ('onstitntion  be  adopt(Ml  by  the  ])(M)j)le  at  the  election  to  be 
held  as  hereinafter  diiected;  but  the  j)i'ovisions  of  this  ArticU*  shall  be  in 
force  from  the  day  of  the  adoption  of  1 bist'onstitution  b}^  the  Rej)r(‘S(“nla- 
tives  of  the  peo])l'e  in  this  (Convention  assembled. 

Sec.  2.  For  th(^  ])in'pose  of  ascertaining  the  scmisc^  of  the  ])eopl(‘  in 
regard  to  the  adoi)tion  or  rejection  of  this  (Constitution,  the  sanu*  shall 
b(i  submitted  to  the  (pialitied  voters  of  the  State,  at  an  election  to  be  held 


STATIC  OF  MiSSOlTPtl. 


35 


on  Iho  sixth  day  of  Juno,  oik*,  thousand  (‘i^ht  himdrod  and  sixty-live,  at 
the  several  (deetion  ])reeinets  in  this  Slate  and  els<‘\vh(‘.i-(^,  as  hereinalhn- 
providi'd.  On  that  (lay,  or  on  any  day  not  inor(‘  tlian  tilt('en  days  piaor 
thei-eto,  siieh  (pialilieil  voters  of 'this  State  as  shall  then  he  ahsc'nt  troni 
tlu‘  phuH'S  of  their  r(*sid(Miee,  ])y  reason  of  their  h(*in«’  in  tin*,  military  ser- 
vice of  the  United  State's,  or  of  this  State,  whether  they  then  he  in  <)r  out 
of  this  State*,  shall  he*  e'lititled  to  veete'  on  the  aile)})tioii  e)r  ivjeedie)]!  of  this 
Uenistitution.  Feer  that  pnrieeese  a poll  shall  he  ojeened  in  each  ^Missouri 
re'giinent  or  ee)nipany  in  snedi  servie'e,  at  the  epiarters  of  the  eoniinanding- 
olliee'r  thereeef;  and  the  veeters  eef  this  State  hedonging’  to  such  re*ginient  or 
e;oin[)auy,  anel  any  eethers  belonging-  to  any  other  sue*h  re'giment  or 
<‘e)nipany,  anel  who  may  he  ])rese.'nt,  may  vote  at  sue*h  poll.  Any 
one*  or  two  ee)mmissione*d  olti(*ers  of  such  j-egiment  or  company,  who 
may  he  jeresent  at  the  e)i)ening  of  the  polls,  shall  act  as  judge  or 
jnel'ges  eef  the  e'lection,  anel  if  ne~)  snedi  otlieer  be  present,  then  the  Alters 
of  such  regiment  oi-  eonpian}"  jiresent  shall  elect  two  of  the  A’oters  present 
to  act  as  such  judge's.  Every  sne'h  judge  sliall,  Ixdore  any  votes  are 
ree'eiveel,  take  aii  eiath  en- attii-mation  that  he  Avill  honestly  anel  faithfully 
pe'rform  fiie  duties  eif  jnelge,  and  make  proper  return  of  the  votes  given 
at  such  election;  anel  se’iedi  oath  the  jnelges  may  administer  to  e'aeh  either. 
In  any  election  helel  in  a i-egiment  or  eemijiany,  the  polls  shall  be  openeel 
at  eight  ei'cloek,  a.  m.  , anel  eloseel  at  six  ei'eloek,  r.  m. 

Sue.  3.  The  elee*tion  ])i-ovideel  for  in  the  next  preceding  section  shall  be 
h3A)allot.  d'hose  ballots  in  favor  of  the  Ceinstitntiem  shall  have  Avritteii 
or  jirinted  thereon  the  worels  “New  Constitution — Yes;”  those  against 
the*  Cemstitiition  shall  have  written  or  printed  thereon  the  Avords  “Ncav 
( Constitution — No.  c ’ 

Sec.  4.  The  said  e'lee-lion  shall  he*  e-onelncteel  anel  the  returns  the'reof 
made*  to  the  ele*rks  of  the*  seve*i-al  e;onnly  e-eiurts,  and  h.A^  them  immeeliatelA' 
eertilieel  tei  the  Seere'tary  eif  Slate,  as  provieleel  by  law;  in  the  ease  ()f 
ele'ctions  of  State*  ollicers,  and  wh(*i-e*  an  election  shall  he  he*lel  in  a regiment 
or  e‘ompan,y,  the  i-eturns  thereeif,  with  the  poll  hooks,  shall  he  e-e'i-tified  te) 
the*  SeA*retarv  e)f  State,  and  may  he  transmitteel  by  mail,  eei-  h}"  aiiA'  messen- 
ge*r  to  whom  the  jnelges  of  the  eleetieen  may  intrust  the  same  for  that 
pnrpeese*. 

Sec.  5.  An.v  epialifie;d  voteu-  e)f  this  State,  within  the  State,  Avho,  on 
the  day  eef  saiel  eh'ction,  shall  he  ahse*nt  freem  the  place*  e)f  his  resielemce, 
ma}'  ve)te*  at  any  lelae-e  e)f  voting,  npe)n  satisfying  the  jnelges  that  lui  is  a 
([ualilie'd  ve)te*r,  and  being  sAveern  by  lhe*ni  that  he  has  neet  voted,  anel  will 
ne)t  ve)t<*,  in  saiel  e*le*e*tie)n,  at  any  eether  e'lee'tieen  pre*e*inct. 

Sue’.  (5.  At  said  ele^etieni  no  ])e*rson  shall  be  alleeAved  to  ve)te,  Avho  Avovdd 
not  be  a epialilieel  ve)le*r  ae-coreling  te)  the*  t(*rms  of  this  C^)nstilntie)n,  if  the 
se*ce)iMl  Ai-tie'le;  the*re*of  vve*j-(^  thi'ii  in  fore'e*.  dche^  jnelges  e)f  e*leetie)n  shall 
administ(*r  te)  e*very  pe*rse)n  e)lfe*i-ing  to  ve)te*,  in  lien  e)f  the  eeath  ne)w 
r(*(pnre'el  te)  be  take*n  b_v  ve)te‘i-s  mid<*r  the*  en-elinance  of  dune*:  10th,  lS(j2. 
the;  following  eeath,  to-wit : ”1,  A.  11.,  elo  se)le*mid_v  sweai- that  1 am  well 
acepiainte'd  with  the*  te*i-ms  e)f  the*  thii-d  se*e*tion  e)f  the  seconel  .\rlie*le  eef  the 
( Ce)nstitntie)n  e)f  the;  State;  e)f  Misseniri,  aele)pte*d  bv  the*  Ce)nve*ntion  which 
asse*mbleel  in  the*  e*itA'  e)l' St . Leenis,  e)n  the*  (ith  elay  eef  January,  e'ighteen 
linndre'd  anel  sixty-live*,  anel  have;  e*are*fidly  e;onsi(lereel  the*  same;  I hat  I 
have*  ne'ver,  elire*eil,v  eer  inelire*e‘lly , elone;  any  of  the*  ae‘ts  in  saiel  section 
sj)e*e‘ilie*el ; that  I haA'e*  always  bee*n  ti-idv  and  leevall.y  een  the;  siele*  eef  the; 
Unite'el  State's  against  all  e;ne*mie*s  tbe*i-e*e)f,  feere'ign  anel  elonu'stic;  thaf  1 will 
i)e*ar  ti  ne*  faith  anel  alle*giane;e*  te)  the  Uniteel  States,  anel  will  suppeirt  the 
(-onstitiitlein  anel  hiAVS  the*)-e*e)f  as  the  sni)i-eme*  law  e)f  the;  lanel,  any  laAV  or 
orelinane*e  e)f  any  State*  te)  the;  e‘e)ntrar_v  neitwithstanding;  that  I will,  to  the 
l»(*st  of  my  abilil  v,  i)re)te*e‘t  anel  elefend  the*  Uniem  e)f  tlie;  Unite*el  States, 
anel  met  aileiw  the*  same  te)  be  bre)ke*n  n|)anel  elisseehe'el,  eir  the;  ( Ile)ve*i-nment 
rhe*reof  to  be*  ele*stre)ye*il  e)r  e)ve*rthrown , nnde*r  aiiA"  cire*nmstance*s,  if  in 
my  powe*r  to  pre*ve*nt  it ; anel  that  I make;  this  eiath  Avithenit.  an}"  me*ntal 
i-e‘se;i-vation  e)r  e'vasion , and  holel  it  te)  be;  bineling  eeii  me;.”  Slionlel  any 
'iie-h  pe‘rse)n  elee-line'te)  take*  ^aiel  e)ath,  he*  shall  met  be*  pe'rmitte'el  to  vote  at 
saiel  e*le;ction;  but  the;  taking  the*re*of  shall  not  be*  ele*e*meel  e-enie-lnsive 
(*vide*ne*e  of  the  right  of  such  person  to  vote,  but  such  right  may  be 


36 


CONSTITUTION  OF  TIU^  STATE  OF  MISSOUUI. 


disputed  and  disproved.  Any  person  who  shall  falsely  take,  or,  having- 
taken,  shall  thereafter  willfully  \iolate  the  oath  prescribed  in  this  section, 
shall,  upon  conviction  thereof  by  any  court  of  competent  jurisdiction,  lx* 
adjudged  guilty  of  the  crime  of  perjury,  and  shall  be  X)unished  therefor 
in'accordance  with  existing  law. 

Sec.  7.  On  the  first  day  of  July  next  ensuing  said  election,  the  Secix*- 
tary  of  State  shall,  in  presence  of  the  Governor,  the  Attorney  General, 
or  the  State  Auditor,  proceed  to  examine  and  cast  up  the  returns  of  the 
votes  taken  at  said  election,  and  certified  to  him,  including  those  of 
persons  in  the  military  service;  and  if  it  shall  appear  that  a majority  of 
all  the  votes  cast  at  such  election  were  in  favor  of  the  Constitution,  tlu' 
Governor  shall  issue  his  proclamation,  stating  that  fact;  and  this  Consti- 
tution shall,  on  the  fourth  day  of  said  month  of  Jul}- , be  the  Constitution 
of  the  State  of  Missouri. 

Sec.  8.  The  ofiicer  now  known  as  the  ‘ ‘Auditor  of  Public  Accounts'  ’ 
shall  hereafter  be  styled  State  xVuditor . 

Sec.  9.  The  office  of  Register  of  Lands  shall  continue  until  the  General 
Assembly  shall  abolish  the  same. 

Done  by  the  Representatives  of  the  people  of  the  State  of  Missouri,  in 
Convention  assembled,  at  the  city  of  St.  Louis,  on  tlie  8th  day  of  April, 
in  the  year  of  our  Lord  one  thousand  eight  liundred  and  sixty-five,  and 
of  the  independence  of  the  United  States  the  eighty-ninth. 


INCORPORATION  OF  THE  TOWN  OF  ST.  LOUIS. 


'riio  town  of  St.  Louis  was  lii’st  incor])orated  on  tlie  9tli  day  of  November, 
1800,  by  tlie  Court  of  Couiiuou  Pleas  for  tlie  District  of  8t.  IjOius, 
upon  the  ])etitiou  of  two-thirds  of  tlie  taxalile  iuliabitauts,  under 
autliority  of  an  Act  of  the  Legislature  of  the  Territory  of  Louisiana, 
passed  June  18,  1808,  entitled  ‘ ‘An  act  concerning-  towiis  in  this  Terri- 
tory. ' ’ Tlie  judges  constituting  the  Court  were  Silas  Bent,  President, 
and  Beuxart)  PiiATTE  and  Lotus  Laueaume,  Associates.  The  Cliarter 
granted  by  the  Court  was  the  only  one  under  which  the  town  existed 
until  1822',  when  it  Avas  incoriiorated  as  a city.  It  is  to  lie  found  in  the 
records  of  the  Court,  in  liook  A,  page  334,  in  the  following  words: 

“On  ])etition  of  sundry  inhabitants  of  the  town  of  St.  Louis,  praying 
so  much  of  said  town  as  is  included  in  the  folloAving  limits  to  be  iiicor- 
porated,  to-wit:  Beginning  at  Antoine  Roy’s  mill,  on  the  bank  of  the 
.Mississippi;  thence  I'unning  sixty  ariients  west;  thence  south  on  said 
liiui  of  sixty  ai-])ents  in  the  real-,  until  the  same  comes  to  the  Barriere 
Denoyei-;  thence  due  south  until  it  conies  to  the  Sugar  Loaf;  thence 
due  east  to  the  ]Mississii)pi  ; ti-oin  thence,  by  the  Mississi])])!,  to  the 
l)lace  tirst  mentioned.  The  Court  having  examined  the  said  petition, 
and  tinding  that  the  same  is  signed  by  two-thirds  of  the  taxable  inhabi- 
tants residing  in  said  town,  order  the  same  to  be  incorporated,  and  the 
nudes  and  bounds  to  be  surveyed  and  marked,  and  a plat  thereof  tiled 
of  record  in  the  clerk’s  otlice.  And  David  Delaunay  and  William  C. 
Carr  are  apjiointed  commissioners  to  superintend  the  tirst  election  of  live 
ti-ustees,  in  pursuance  of  the  law.’’ 


LAWS  CONCEHNINt;  THE  TOWN  OE  ST.  LOUIS. 


AX  A err 

llESPECTIXG  THE  INOORl’OR ATIONS  OK  TUK  TOWNS  OK  ST.  LOUIS  AND  STE. 

GENEVIEVE. 

lie  if  enacted  by  the  Gcneraf  Assembly  of  the  Territory  of  - Missouri,  as  follows: 

1.  That  the  chaii-man  of  (>ach  boai-d  of  trustees  of  the  towns  of  St. 
Ijonis  and  Stc*.  (l(*n<‘vi<‘ve  shall,  on  or  befori'  the  lii'st  day  of  iMarch  next, 
<-ans(A()  b(‘ pnblislu'd,  in  1h(^  Missouri  Gazette,  a corri'et  statiMOent  of  all 
mon(\Vs  receiv(*d  and  disbni-sed  for  tlu;  use  and  biMuhit  of  {‘ith(n-  of  the 
towns  since  the  same:  has  b(*(Mi  ineoi-])oi-aled . which  stahmumt  shall  be 
published  in  lh(‘  Fi-eneh  and  Lnglish  languages,  and  a like  statiMuent 
shall  be  made  and  ]mbli'h(*d  by  the  ti-nstces  evei-y  six  months  th(‘reafter; 
and  if  the  chairman  of  {'itluM-  lioard  of  trustei's  for  tlu-  said  towns  shall, 
at  any  liim-,  nogh'ct  to  mak(‘  and  eansc  to  be  publisluMl  a statement  as 
afor(!said,  according  to  th<‘  provisions  of  this  act.  In*  shall  forfeit  and  pay, 
for  every  such  iK'glect,  the  sum  of  lifty  dollars^  to  be  i-ecovei-ed  by  action 


38 


LAWS  ( OXCEKNING  THE  TOWN  OF  S1\  LOUIS. 


of  (l(*bt  ill  any  court  of  record,  in  this  teiTitory,  iiaving  competent  juris- 
diction; one-lia]f  wliereof  sliall  be  for  the  use  of  the  said  corporation, 
and  the  other  lialf  to  the  usi'  of  any  ixu-son  wlio  will  su(‘  for  tlie  same. 

2.  That  tlie  chairman  of  each  hoard  of  trush'cs  sludl  hi*  authorized  to 
comnumce  suit  in  his  own  name,  as  such,  a^-ainst  any  jierson  wlio  may 
liave  been  an  ollicer  of  tlie  said  corporation,  and  who  (ietains  in  his  liands 
money  belonging-  to  the  same;  which  suit  may  he  commenced  and  carried 
on  to  tiiial  judgment  and  execution  in  any  court  liaving  competent  juris- 
diction tliereof. 

This  act  shall  take  eflect  and  he  in  force  from  and  after  Hie  passagi* 
thereof. 

Approved,  Januaiy  15,  1813. 


AN  ACT 

EXTP]XUIXG  CERTAIN  POWERS  TO  THE  TRUSTEES  OF  TUE  CORPORATION  OF  THE 
TOWN  OF  ST.  LOUIS. 

Be  it  enacted  by  the  General  Assembly  of  the  Territory  of  Alissouri,  as  follows: 

1.  That  the  trustees  of  the  town  of  St.  Louis  he,  and  they  are  hereiiy, 
authorized  to  have  a survey  and  plat  of  said  town  made  h'y  tlie  comity 
surveyor,  and  to  ascertain  and  tix  the  exact  dimensions,  metes  and 
boundaries  of  each  street  and  town  lot,  according  to  the  right  and  title  of 
each  (Claimant  or  owner  of  said  lot  or  lots,  having  regard  to  all  acts  of 
Congress  on  the  subject,  and  also  to  a ])lat  of  said  town  de])osited  with . 
or  recorded  in,  the  Recorder’s  otHce  of  this  territory,  so  far  as  said  plat 
may  go,  or  have  been  made. 

2.  That  the  lot  or  lots  whereon  Auguste  Choutee.u,  senior,  now  lives, 
shall  first  he  ascertained  and  fixed,  and  the  same  shall  then  form  the  haso 
or  ])lace  of  heginning  for  making  out,  ascertaining  and  tixing  the  dimen- 
sions of  each  street  and  town  lot  within  the  ])lan  or  limits  of  said  town . 
And  the  said '.surveyor  shall  maki*  out  tlirix'  copies  of  said  ]ilat  or  survey, 
and  return  tlie  .‘sanie  to  the  hoard  of  trustees  for  the  town  of  St,  Louis; 
one  of  wduch  the  said  hoard  of  trustees  sliall  lodgi'  or  lib'  with  the  clerk 
of  the  county  court  for  the  county  of  St.  Louis,  and  after  the  same  shall 
he  apjiroved*.  as  hereinafter  provided,  to  he  recorded  by  ,<^aid  clerk;  and 
shall  pi'esent  another  of  the  said  plats  to  the  General  Assembly,  which, 
if  apjii-oved  and  sanctioned  by  the  said  Genei-al  Assembly,  shall  thereafter 
he  considered  as  the  plat  of  the  town  of  St.  Louis. 

3.  ’riiat  from  and  after  the  ajiproval  of  said  plat,  as  aforesaid,  the  hoard 
of  trustees  for  tin*  town  of  St.  Louis  may,  when(*ver  they  think  propi'r. 
proceed  to  gi\n  etfect  to  such  jilat  and  survi'y,  by  remoA'ing,  or  causing 
to  he  removed,  all  obstructions  in  the  streets,  or  (‘ncroachments  tlKU-cHni, 
or  upon  any  lot  or  lots  owned  by  any  jirivate  jier.'^on , as  far  as  the  same 
may  lie  pra'cticahh'.  And  if  any  ])ei-son  shall  re.^ist  the  authority  of  the 
trustees,  exei’cised  by  them,  or  any  ollicer  by  them  ap])ointed  for  tin* 
puriiose  of  carry  into  ellect  the  pi’OAisions  of  this  act,  he.  sh(‘,  or  they, 
on  conviction  thereof,  before  the  chairman  of  th('  hoard,  shall  forleit  and 
])ay,  for  the  use  of  the  town,  twimty  dollars,  and  for  every  successive 
oflense,  the  sum  of  tifty  dollars.  y\nd  each  and  (‘very  I'esistance  of  th(‘ 
authority  aforesaid,  for  the  jmrposes  afore.said,  shall  form  a,  di.^^linct 
otfense.* 

4.  d’hat  the  ti-ustees  of  the  town  of  St.  Louis  shall,  trom  and  aft(‘r  the 
})assage  of  this  act,  he  vested  with  full  pow(‘r  to  lic(*ns(‘  and  r(*gulat(‘  all 
feia-ies  established  within  tlu*  limits  of  the  sanu',  and  lo  apply  tli(‘  license 
mon(*y  aiising  therefrom  to  the  use*  of  said  town:  JTovided,  4'hat  said 
hoard'  of  truste(‘s  shall  not  have  the  i)ow(*r  to  i-eyoke  any  ferry  liciaise 
grant(*d  by  the  ('ourt  of  Uommon  Fleas  pi-ioi-  to  this  act. 

5.  That  the  .said  hoard  of  ti-ush'es  shall  have  power  to  levy  and  col- 
lect a tax  on  said  town,  foi-  jiaying  tlu*  exjx'iisc*  of  making  said  plai  oi- 
survey:  Provided,  they  shall  not  have  sullieicait  funds  in  their  hands,  or 
subject  to  theii' disposition,  for  said  jiurposes. 


(MIAHTERS  OF  THE  OITY  OF  ST.  LOUIS. 


().  Tliat  1h(' lots  shall  lx*  mimlxMV'd  pro^^rossivcly , Ix'ycimiiii;^  wilh  1h<! 
lot  or  lots  of  Auiiusto  Ohoutiam,  s(Miio)-,  and  tlu‘,  iiuirdx‘i-s  marked  or 
writt(‘n  on  each  lot  in  the  i)lan. 

7.  That  tlu‘  said  trustee's  shall  also  have  ix)W(*r  to  eiv('  ixa-maiient 
names  to  ('aeh  and  ('Vi'iy  stre'C't  within  said  town.  And,  for  this  })nri)ose, 
they  shall  have*,  peewe'r  te)  alter  or  e-han^e  the  name  e)f  any  street  that 
may  ne)\v  he  name*el ; wliiedi  name  shall  alse)  be  written  een  the  si)ae;e  eei- 
si)ae'es  h'ft  in  saiel  lelan  as  stre-e'ts. 

S.  That  all  sueh  part  e)r  parts  e)f  any  law  e)f  this  te'i-ritory  as  may  he 
inconsistent  with  the  i)rovisions  eef  this  a(!t  be,  anel  the  same*  are;  hereby, 
rej)e*ale*el . 

'riiis  act  shall  take*  effect  and  be  in  force  from  anel  after  the  passat^e* 
the*re*of. 

Appreeved,  Jannaiy  21,  1815. 


AX  ACT 

TO  INCORPORATE  THE  INIIABITANIS  OF  THE  Te)\VN  e)F  ST.  LOUIS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows: 

1.  That  all  that  disti-ieff  of  country  eontaineel  within  the  tblleiwin^- 
limits,  to-wit:  Beginning’  at  a point  in  the  middle  of  the  main  e-hannel  of 
tin*  Mississii)[)i  i-iver,  due  east  of  the*  southern  end  e)f  a brielge*  ae-ross  .Mill 
creek,  at  the  lower  e*nd  of  the*,  town  eif  ,St.  Louis;  the*ne*e*  elue;  west  to  a 
peiint  at  whie-h  the  we*stern  line  eif  Seventh  strex't,  extended  se)uthwardly . 
will  intersee;t  the  same*;  thence  neerthwardly , aleing  the;  weste'rn  siele  eif 
Seventh  stiret,  anel  e*e)ntinuing’ in  that  e-eeurse*  te)  a point  elue*  west  of  the* 
nortiiern  side*  e)f  Reiy’s  towe'r;  the'iice;  due*  e'ast  te)  the  middle  e)f  the  main 
channe*!  of  the*  river  Mississippi;  thence  with  the  midelle  eef  the  main 
chtinnel  of  the  saiel  rive*r  te)  the  be'ginning;  shall  be*,  anel  is  he-re'by  e*re*cte*ei 
into  a city,  by  the  name  e)f  the  City  e)f  St.  Le)uis;  anel  the*  inhal)itants 
thereof  shall  lie  anel  ai*e*  hereby  constitute'el  a beeely  i)e)ritic  anel  e*e)rj)e)rate*. 
by  the  name;  anel  style  e)f  “‘The  Maye)r,  Alele‘rme*n  anel  e*itizens  e)f  the  ('ity 
of  St.  Le)nis,  ’ ’ anel' by  that  name  they  anel  tlieir  successe)rs  shall  be*  kne)wn 
in  law,  have  i)ei*pe*tual  succe;ssie)n , sue  anel  be  sneel,  impl(*ael  anel  be*  im- 
pleaeleel,  elefenel  anel  be  elefeneleel,  in  all  ce)urts  e)f  law  anel  eepiity.  anel  in 
all  aeetienis  anel  matters  wdiatse)evcr;  may  grant,  purchase*,  re*e*e*ive*  anel 
holel  pi-operty,  real  anel  p(*rse)nal,  within  the*  saiel  city,  anel  im  eethci*. 
(burial  gremnels  e*xe*e*i)te*el, ) anel  may  le*ase*.  sell,  .•mel  elispeise*  eef  the*  same*, 
for  the  be*ne*(it  e)f  the*  e*ity,  anel  may  ele)  all  e)the*i*  ae*ts  as  natural  pe*rse)ns-, 
may  have  a e‘e)mme)n  se*al,  anel  bre*ak  anel  alter  the*  same*  at  i)le*asnr(*. 

2.  That  the;  e*,e)ri)e)rate  ])e)we‘rs  anel  elutie*s  e)f  saiel  e*ity  shall  be*  ve'ste*el  in 
a maye)r  anel  a boarel  of  alele*i-me*n , wlm  shall  be  e*he)se*n  anel  appointe*el  as 
here*inafte*r  elii-ee;te*el . 

IL  I'hat  the*  boai’el  of  alele*rme*n  shall  e-enisist  e)f  nine*  mcmbe'rs,  fen*  the* 
ele*ctie)n  eif  wlmm  the*  e*ity  shall  be  eliviele*d  inte)  e‘e)nve*nie*nt  warels.  whi(*h 
may  be*  alte*re‘el  freem  time;  te)  time*,  anel  ne*w  warels  e*stablishe*el , as  the* 
ce)nve*nie*ne*e;  e)f  the  inhabitants  may  i*e‘ejuire*.  anel  the*  alele‘rme*n  shall  be* 
ap])e)inte*e!  anmng’  the*  se*ve*ral  warels  ae*e;e)i*eling  te)  thee  numbe*i*  e)f  epialilieel 
e*lee*te)i*s  in  e*ae*h. 

4.  That  the*  alele*rme*n  shall  be  e*he)se*n  by  the*  epialitie'el  e*le*e*te)rs  tbi*  the* 
te'rm  e)f  erne*  ye*ar,  shall  be*  at  le*ast  lwe*nty-e)ne  ye*ai-s  e)t  age*,  anel  e*itize*ns 
of  the*  Unite*el  States,  anel  inhabitants  eel  the*  saiel  e*ity  for  e)ne*  ye'ai*  ne*\'t 
pre*e‘e‘eling  the*ir  e*le*e*tie)n,  anel  shall  e*ae*h  peesse'ss  a fre*ehe)lel  e*state‘  within 
the*  limits e)f  the*  saiel  e*ity;  anel  w he*ne*ve*r  the*re*  shall  be  a tie*  in  the*  e*le*e‘tie)ii 
of  alele*rme*n,  it  shall  be*  elete*rmine*el  by  the*  Juelge*s  e)f  e*le*e*tie)n  eef  the*  ware! 
in  wdiie*h  it  shall  happe*n,  by  le)t ; and  all  vae*ane*le*s  shall  be*  lille*el  b> 
ele;e;tie)n  as  atbre'saiel,  in  sne*h  manne*i*  as  sliall  be*  ])re)viele*el  by  orelinane'e*. 

5.  That  the*  l)e)ai*el  e)f  alele*rme!n  shall  appeeint  the*ii*  i)re‘siele*nt  anel  all 
other  e)Hic‘e*rs  e)f  the*  be)arel,  shall  jnelge*  e)f  the;  epialilie-atieens,  e*le*e*tie>n.^ 
and  returns  e)f  the*ir  e)wn  members;  a majeerity  shall  e-eeirstitnle*  a e|Uornm 


40 


CHARTERS  OF  THE  CITY  OF  ST.  LOUIS. 


to  do  l)u^iu(‘ss,  ])ut  :i  sinjillcr  iiuiiilxo'  in:iy  udjotirji  from  day  to  day,  and 
may  comix^l  tlie  attcndauco  of  absent  meml)(3rs  in  sncli  mannei-  and  nnd(‘r 
sneli  ixMialties  as  tlie  board  may  ])rovide;  they  may  determine  tlie  jnil<\s  of 
l)roe('edin<'’,  ]>unisli  their  nieml)ei-.s  foi-  disordei-ly  eonduct,  and,  l)y  the 
(a)neni-iene(*  of  two-tliirds  of  tlie  wliole  number  elected,  exixd  a nuanlier, 
but  not  a second  time  for  tlie  same  cause;  they  shall,  at  the  desire  of  any 
membei-,  cause  the  j^eas  and  nays  on  any  question  to  be  enU'red  on  the 
Journal’s. 

b.  The  stated  mt'etin^’s  of  the  board  of  aldermen  shall  be  on  the  lirst 
^londays  of  March,  dune,  Septembi'r  and  December,  in  every  year,  but 
they  may  b(‘  convened  at  otluu*  tini(\s.  on  extraordinary  occasions,  by  the 
mayor:  Provided,  That  the  mayor  and  board  of  aldermen,  may',  by 
ordinance,  altiu-  the  times  of  holdino*  stated  meetino-s. 

7.  The  aldernum  shall  lie  ex-officio  conservators  of  the  ])eace  throuo’hout 
the  city,  and  shall,  Avithin  the  same,  have  all  the  iiowei's  and  jurisdiction 
now  vest(*d  in  justices  of  the  peace  in  matters  of  a (‘riminal  nature,  and 
shall  exercise  and  ixudorm  all  jiowers  and  duties  which  may  be  vested  in 
oi-  recpiired  of  them  by  ordinance. 

8.  ddiat  the  mayor  shall  be  electt'd  by  the  qualitied  electors  of  the  city, 
shall  hold  his  otlice  for  the  term  of  one  year,  and  until  a successor  is  duly 
elected  and  (lualitied;  when  two  or  more  ])ersons  shall  have  an  eipnil 
number  of  votes  for  mayoiq  or  any  election  for  mayor  shall  be  cont(3sted, 
it  shall  be  determined  liy  the  board  of  aldermen. 

9.  That  the  mayor  shall  be  at  least  thirty  years  of  ag’e,  a citizen  of  the 
Ihiited  States,  shall  have  resided  within  the  city  for  "at  least  two  years 
iH'xt  pi-(*cedin<>'  his  election,  and  be  otherwise'  (jualitied,  as  in  the  case 
of  aldermen;  and  Provided,  That  no  iierson  shall  lie  eligible  to  the  otlice 
e»f  mayor  who  may,  at  the  time  of  his  eleediou,  hold  any  office  of  honor, 
trust  or  jirolit,  under  this  State  or  the  Unib'd  States. 

10.  That  th(!  mayor  shall  nonunatt'.  and,  by  and  with  the  concuri'ence 
of  the  board  of  aldermen,  apjioint  all  officers  within  the' city  which  are 
not  ordeiH'd  by  law  oi-  ordinance  to  be  otlx'rwise  apjiointed;  he  shall  take 
carei  that  the  laws  of  the  State  and  the  oi-dinances  of  the  coriioration  are 
duly  ^‘iiforced,  respected  and  ob'served,  within  the  said  city;  he  shall 
iiave  ])owei\  with  the  (consent  of  the  board  of  aldermen,  to  lemove  trom 
office  any  persons  holding  offic(*s  created  by  oi-dinance;  he  may  remit 
tiiu's  and  forfeitures,  and  gi'ant  re])iieves  and  pardons  in  any  case  aiising 
under  the  ordinances  of  the  corporation;  he  shall  be  a conservator  of  tin* 
pi'ace  within  the  limits  of  the  city;  he  shall  have  jiower  to  till  ail  vacancies 
which  may  happen  in  any  otlice  (other  than  that  of  alderman)  until  the 
end  of  th(‘  session  of  the  boai’d  of  aldermen  which  shall  next  haiipi'ii  after 
the  vacancy  shall  occur;  he  shall,  from  time  to  tini(>,  give  to  th('  board  of 
uldei’ineii  inforiiKitiou  lelative  to  tlx*  state  of  the  city,  and  shall  )-ecom- 
meud  to  their  consideration  such  measui-es  as  lx*  shall  deem  expedient; 
he  may,  on  extraoniiuary  occasions,  conveixi  the  board  of  aldermen  by 
jiroclamation,  stating  to  them,  when  assembled,  the  obj(*ct  for  which 
they  wer(‘,  conv(*ned;  lx*  shall  ri'ceive  such  compensation  for  his  services 
as  may  be  jirovided  by  oialinance. 

11.  That  when  any  vacancy  shall  happen  in  the  otlice  of  mayor,  by 
d(*ath,  ri'signation,  I'emoval  or  absence  from  tlx*  city.  remo\al  from 
otlic(*,  r(*fusal  to  (pialify,  or  otherwise,  tlx*  president  of  the  board  of 
ald(*i‘nx*n,  foi*  tlx*,  time  being,  shall  ex(*rcise  tlx*  office  of  mayor  until 
such  vaeamy  shall  be  tilled;  and  dm-iiig  tlx*  time  lx*  shall  so  {'xereisi*  such 
office  shall  i’(*c(*iv(i  tlx*  same  compensation  as  tlx*  mayor  would  lan'c  lx*(*u 
<*utitl(*d  to;  and  in  case  of  vacan(*y,  as  aforesaid,  otlx'r  than  a tompoi-ary 
al)S(*nce.  tlx*  jx'rson  exercising  tlx*  otlice  of  mayor  shall  cau>-(*  a new 
(*l(*ction  to  b<*lx*ld,  giving  ten  days’  notice  tlx'reof  by  lu’oclamation , 

Ui.  'i'hat  tlx*  mayor  and  board  of  ahh'rnx'ii  shall  hav(*  ]x)wei‘,  by 
ordinance,  to  levy  and  colh'ct  taxes  uixm  I’cal  aixl  ix‘i-sonal  in-ojierty. 
within  tlx*  city,  not  ('xc(‘(*ding  oix‘-half  of  oix*  p('r  c('nlum  u])ou  the 
assessed  valix*  thei*(*of,  (“xce))t  as  heri'inafti'i*  (‘X(‘e])t(*d ; to  make  ri'gula- 
tions  to  pi-(‘V(*nt  the  introduction  of  contagious  diseases;  to  make  (juaran- 
tiix*  laws  for  that  juirposc*.  aix!  enforce  tlxi  sanx*  within  ten  mih‘s  of  tlx* 
city,  and  within  tlx*  jurisdiction  of  the  State*;  to  make  I'cgulations  to 


CIIAIJTEHS  OF  THE  CITY"  OF  ST.  LOUIS. 


41 


S(H*uro  the  lu'iillli  of  tlu^  iiili:il)ll;inls;  lo  i)i-(*v(‘iit  iiiid  i-('niove 

iiuis;m(*('s;  to  ('sfablish  oi^ht  w:it(‘li(‘s  and  })atrols,  ciHicf  laini),s  in  tli(! 
stnH'ts  and  li<i,’hlin<»-  tlui  sanu*;  to  iini)n)V(‘ and  prosci-ve  the  navigation  of 
tho  Mississi))})!  within  the  city;  to  (“r(*(‘t,  r(‘])aii',  ainl  re;!4nlat(‘,  j)nl)lie 
wliarve.s  ami  docks;  to  n'^adate  tlu^  erecting-  and  tin*  rates  of  wharfag(*.  at 
privati'  wharves;  to  ia\^ndate  the  stationing-,  anehora«-e  and  inoorino-  ot 
vesscds;  to  i)rovid(‘  for  lieensino-,  taxing  and  regnlating  anetions, 
retailers,  ordinaries,  and  taverns,  billiard  tahh'S,  hackney  carriages, 
wagons,  carts,  diaiys,  pawnhokers,  vend(*rs  of  lottery  tickets,  money 
changers,  iiawki'rs  and  iieddlers,  theati-ical  and  other  shows  and  amuse- 
ments; to  resti’ain  and  pi-ohihit  tip[)ling  houses,  gaming,  o'aming  houses. 
haAX’dy  liouses  and  otlier  disonlerly  houses;  to  eshihlish  aud  i-epair 
liridges;  to  estahlish  and  regulate  markets;  to  open  and  keep  in  rejiair 
stivets,  avenues,  lanes,  alleys,  drains  aud  sewers,  and  keep  the  same 
clean;  to  provide  tlu^  city  with  water;  to  ])rovide  for  safe  keeping 
standai'd  weights  and  measures  for  the  regulation  of  weights  ancl 
measures,  to  be  used  in  said  city;  to  regulate  the  cleaning  of  chimneys, 
and  tlx  the  fees  therefor;  to  provide  for  the  prevention  aud  extinguish- 
ment of  tires;  to  regulate  the  size  of  liricks  to  lie  made  aud  used  within 
the  city;  to  provide  for  the  inspection  of  lumber,  and  other  Imilding 
materhils  to  be  sold  or  used  therein;  to  regulate  aud  order  partition  and 
parapet  walls  and  jiartition  fences;  to  regulate,  the  insiiectioii  of  Imtter, 
lard,  wood,  and  the  weight  and  quality  of  bread,  the  storage  of  gun- 
powder, tar,  pitch,  resin,  hemp,  cotton  and  other  combustible  niatefials; 
to  eri'ct  jiumps  in  the  streets,  for  the  convenience  of  the  inhabitants;  to 
regulate  the  jiolice  of  the  city;  to  regulate  the  eh'ctioii  of  city  otticers  and 
tix  their  compensation;  and  from  time  to  time  to  iiass  such  ordinan(*es  to 
carry  into  effect  tin*  obj(‘cts  of  this  act,  and  the  i)OW(‘rs  Inn-eby  gi-anted,  as 
the  good  of  the  inhabitants  may  re(|uire.  and  to  inqiose  ami  appi-opriate 
lines  aud  forfeitures  for  the  breach  of  auv  ordinanci',  aud  jirovidi*  for  the 
colh'ction  thereof:  Provided,  That  no  tax  shall  b(‘  laid  ujion  th(>,  wearing 
a})pa]'(d,  or  lu'cessary  tools,  or  imjileimmts  of  any  jiersons  u.sed  in 
carrying  on  his  trade’,  nor  shall  the  sanu^  be  subject  to  disti-ess  or  sale 
foi*  tax 

18.  That  upon  the  application  of  the  holdei’s  of  two-thirds  of  the  front 
of  the  lots  on  any  street  or  part  of  a street,  it  shall  he  lawfid  for  tiie  mayor 
and  aldermen  to  levy  and  collect  a special  tax  on  the  hohUn-s  of  the  lots’  on 
said  sti’eet  or  part  of  a street,  according  to  tluar  respective  fronts,  for  the 
l)iu-])ose  of  i)aving  such  street  or  ])art  of  a street,  and  ui)on  a similar 
application  to  le\y  a tax  in  the  same  manne]'  for  the  purpose  of  lighting 
the  sti'cets  or  erecting  lamps  thennn. 

14.  That  the  mayor  aud  ahkn-men  shall  have  ])ower  to  regulahg  ])ave 
and  improve  the  str<'ets,  av(‘nues,  lanes  and  alh'ys,  within  the  limits  of 
the  city,  and  to  exbmd,  oi)en  and  wid(m  sti-('(‘ts,  avenu(*s,  lan(*s  and 
alleys,  making  tlu^  jxu'son  or  persons  injurc'd  thereby  ade(|uat(‘  conijxm- 
satlon  thei-efor;  to  ascei-tain  which  the  inayor  shall,  in  all  such  cas(‘s, 
cans(‘ to  b(*  summoued  tw<‘lv(*  good  and  lawfnl  imm,  fr(‘(4iold(‘rs.  inhabi- 
tants of  said  city,  not  directly  interested,  who  (being  fully  sworn  for  that 
jjurpose)  shall  iminire  into,  and 'take  into  con.'>;id(*ration,  as  well  the 
benetits  as  th(‘  inconveni(*nc('S  which  may  acci-iie,  and  estlmab'  and  assess 
the  damag(“S  \\  hich  would  lx*  sustained  by  reason  of  the  opening,  extimsion 
oi-  widening  of  any  street,  avenue,  lane  or  alley;  and  shall,  moi-(‘over, 
estimate  th(‘  amount  whieh  other  p(M‘sons  will  lx*  b(*tu*lit(*d  thereby,  and 
shall  contrilnite  towai'd  com]x*nsating  tlx*  p(*i-son  injur(*d;  all  of  which 
shall  he  returm*d  to  tlx*  mayor.  uixU'i*  lh(*ir  hands  and  s(*als,  and  the 
p(*i*son  or  jx*rsons  who  shall  lx*  lx*m*tit<*d,  ami  so  assess(*d,  shall  ])ay  the 
saim*  in  such  )namx*r  as  shall  lx*  provid(*d  for  by  ordinance,  aud  the 
r(*sidu(*,  if  any,  shall  lx*  paid  out  of  the  city  tj*(*asury. 

15.  That  (*v<*rv  bill  \\hi<-h  shall  hav(*  b(*en  i)ass(*d  by  the  board  of 
ald(*rnx*u,  sball,  lx*for{*  it  lx*com(*s  a Ia\N',  lx*  pi-(*scut(*d  to  tlx*  mayor  for 
his  approl)ation ; if  lx*  ai*])i'o\(*.  lx*  shall  sign  it;  if  imt,  lx*  shall  i-(*tui‘n  it 
with  his  obje(‘tions  to  tlx*  hoaid,  and  th(*y  shall  l•(*consid(‘l■  tlx*  sanx*;  ami 
if,  aft(*r  such  i*(*consideration,  a majority  of  the  whoh*  numlx*r  <*l(*ct(*d 
shall  pass  the  bill,  it  shall  become  u law;  in  all  such  cas(*s  the  ayes  and 


42 


ciTAirrETJs  OF  ^riiE  cirv  of  st.  louis. 


nays  shall  he  onh'red  on  the  journals;  and  if  any  hill  shall  not  h(^  I’etniaiod 
to  the  hoard  within  three  days  after  it  shall  have  been  deliv{*i-ed  to  the 
mayor,  as  aforc'said,  it  shall  become  a law  in  the  same  mannei-  as  if  he 
had  ai)])roved  it. 

K).  That  the  styl(‘,  of  th(‘  laws  of  tin*  said  corporation  shall  he:  ‘•‘‘lie  it 
ordained  by  ihe  Mayor  and.  Board  of  Aldermen  of  the  City  of  St.  Iajiuh  ; ” and 
all  ordinances  shall,  within  one  month  after  tliey  are  passed,  be  published 
in  some  newsiaiper  pi-int(*d  in  said  city. 

17.  That  the  mayor  shall  nominate,  and,  by  and  with  the  advice  and 
consent  of  the  board  of  aldermen,  ai)point  a*  register  of  the  city,  who 
shall  hold  his  office  for  the  term  of  one  y(‘ar,  unless  sooner  removed,  who, 
before  he  entei-s  upon  the  duties  of  his'office,  shall  take  and  subscribe  the 
oath  hereinafter  ])rescribed,  and  shall,  moreover,  ^ive  bond  with  snfficiejit 
security,  to  l)e  approved  of  by  the  nun-or,  conditioned  foi‘  the  faithful 
discharge  of  the  duties  of  his'office;  and  it  shall  be  his  duty  to  keep  a 
register  of  all  the  official  acts  of  the  mayor,  and  when  necessary  shall 
atb'st  them;  he  shall  ])erform  the  duties  of'clerk  to  the  board  of  aldernnni. 
when  in  session;  he  shall  keep  a book  or  books,  wherein  shall  be  entered 
all  the  ])i-oceedings  of  the  board ; which  book  sliall,  at  all  proper  times, 
be  open  to  the  ins])ection  of  tin;  inhabitants  of  the  city;  and  he  shall  kee]) 
and  preserve  in  his  office  all  records,  public  ])apers  and  documents 
belonging  to  the  city,  and  shall  perform  such  other  duties  as  shall  be 
enjoined  on  him  by  ordinance. 

18.  That  the  mayor,  and  each  of  the  aldermen,  and  every  other  officer 
of  the  cori)oration,  shall,  before  entei-ing  on  the  duties  of  his  office,  tak«* 
an  oath  or  affirmation  l)(*fore  some  judge  or  justice  of  the  peace,  to 
support  the  Constitution  of  the  United  States  and  of  this  State,  and  faith- 
fully to  demean  himself  in  office. 

19.  That  all  prop(n-1y,  real  and  personal,  heretofore  belonging  to  tlu' 
inhabitants  of  the  town  of  St.  Louis,  or  the  trustees  thereof,  iii  their 
cor])orate  capacity,  shall  be,  and  is  hereby  dcadared  to  be,  vi'sted  in  the 
cori)oration;  aiid'all  suits  commenced  for  and  on  behalf  of  the  said  trus- 
tees shall  be  prosecuted  to  judgment  and  execution  as  if  this  act  Innl  not 
l)assed;  and  all  moneys  arising  therefrom,  and  all  fines,  penaltic^s  and 
forfeitures  accruing  to  the  .said  trustees,  shall  be  paid  to  the  mayor  for  the 
use  of  the  city;  and  all  ordinances  now  in  force  shall  remain  in  force  as 
ordinances  of  the  said  city,  until  altered,  moditied  or  repealed  by  tlu*  said 
mayor  and  board  of  aldermen;  all  actions,  tines,  penalties,  forfeitures, 
which  shall  have  accrued,  or  may  accrue,  to  the  town  of  St.  Louis,  shall 
be  vested  in,  and  be  prosecuted  for,  in  the  name  of  the  corporation 
created  by  this  act. 

20.  That  a general  election  for  the  otli(*ers  of  the  corporation  shall  be 
held  on  the  lirst  Monday  of  April  in  each  and  (‘very  y(‘ar,  in  tin'  several 
wards  of  the  said  city,  in  such  manner  as  the  imn'or  and  aldermen  may 
by  ordinance  provide. 

21.  That  all  fre(*  white  male  persons,  of  the  age  of  twenty-one  years, 
and  who  have  paid  a city  tax.  shall  be  entitled  to  vote  at  all  '(‘h'cticj'ns  for 
city  officers;  and  at  all  such  elections  the  vote  shall  lx*  by  ballot. 

22.  That  it  shall  be  the  duty  of  the  mayor  to  nominate  and  a])i)oint, 
and  by  and  with  th(‘ advice  and  consent  ()f  tin*  board  of  ald(‘rmen,  ap- 
])oint  a city  constabh',  who  shall,  b(*for(‘ entei’ing  upon  the  disehaig’c  of 
th(‘  duti(‘S  of  his  (hlice,  take  the  oath  of  office  by  this  act  prc'scialx'd,  and 
enter  into  bond  to  the  said  corpoi-ation,  with’ su!rK*i(‘nt  s(‘eurily,  to  b(‘ 
ai)proved  of  by  the  niayoi-,  conditioned  for  th(‘  faithful  discharge'  of  tin* 
duties  of  his  otlic(‘,  which  bond  shall  be  d(‘))Osited  and  r(‘Cord(‘d  in  the 
registei’ks  office;  and  tln^  said  <*onstabl(!  shall  poss(*ss  tin*  same  ])owers, 
and  p(*i-form  the  same  duties  within  tin*  said  city,  as  tlu'  (‘oustabb's  in  tlu' 
dilferent  townships  possc'ss  in  tbeir  l•(^sj)(‘(•li^’(*  townships;  and  shall, 
mor(*over,  ex(‘(mt(‘  and  re'tuiai  all  i)i-oc(‘ss  which  may  be  issued  by  tin' 
mayoi-,  or  any  ahb'ianan,  and  sucb  otlu'i- duties  as  slndl  b(‘ i)rescribed  by 
ordinance,  and  shall  be  (‘iititled  to  the  sanu'  conqx'iisation  as  shei-itVs  and 
constables  in  like  cases. 

29.  That  tlui  lirst  election  for  mayor  and  ahb'rnu'u  shall  lx*  Ix'ld  and 
condueb'd  by  the  trustees  of  the  town  of  St.  Louis,  or  any  two  of  them, 


( irAirrKiis  of  ^riiF  ( rrv  of  st.  louis. 


43 


at  tli(‘  onic(' of  llu'  i-(‘i>ist(M-  of  said  town,  wliicli  oU'otion  sliall  Ik*  ooTidnolnd 
aoc'ordiiii*'  to  the  ('xistino'  laws  of  the  State  i’(“<>;ulatin<>’  eleetioiis;  and  tin* 
said  tni'<t(‘(‘s,  or  any  two  of  tlunn,  shall  inak(^  out  and  (Udixan-  to  eaeh 
])erson  (“h'eted  a e(‘rtitieate  th(‘r(M)f,  and  the  ixn’sons  so  <‘l(‘('ted  shall  take 
and  snhserilu'  tin*  oath  of  otlie(*  Ix'forc'  sonu'  jnd<2:e  or  Jnstie(‘  of  the  ])eac*e. 
which.  I)(*in<>'  indorsc'd  on  sneh  eertilieate,  shall  he  eei‘tili(Ml  hy  sneh  j inline 
or  jnstiee;  and  at  sneh  tirst  (‘h'etion.  all  ])(M-sons,  (othei-wise  (inalitied.) 
who  hav('  paid  a eori)oration  tax  in  the  town  of  St.  Ta)nis,  shall  he  enti- 
tled to  a vote, 

2-1.  d'hat  the  fore<>’oino’  ]n’ovlsions  of  this  act  shall  take  effeet  as  soon  as 
they  shall  he  ae('epted  hy  the  iidiahitants  of  said  town,  and  not  before,  in 
manner  following-,  that  is  to  say:  .Vn  election  shall  he  held  on  the  tirst 
Monday  of  March  next,  hy  the  trustees  of  said  town,  or  a majority  of 
tliein,  at  the  ofliee  of  the  register  of  said  town,  at  xvhi(*h  all  free  white 
mal(‘  p(n’sons,  othei‘wis('!  qualilied,  who  have  ])aid  a coi-poration  tax  to 
the  town  of  St.  Louis,  and  who  nvside  within  the  limits  i)resei-ibed  in  the 
tirst  section  of  this  act,  shall  he  entitled  to  vote;  and  at  the  s;iid  election, 
the  vohn-s  shall  vote  hy  ballot  ‘ ‘for  or  ac’ainst  the  city  charter,  ’ ’ and  if  a 
majority  of  all  the  vot(*s  given  shall  he  for  the  city  charter,  the  said 
hoai-d  of  trustees  shall  determine  on  what  day  the  first  election  for  city 
officers  shall  he  held,  Avhich  shall  not  he  more  than  two  months,  nor  hvss 
than  thr(*e  Aveeks,  after  the  a(‘ceptanee  of  the  charter,  and  shall  (*anse  a 
notice  thei-eof  to  he  published  in  some  newspaper  prinh'd  insaidtOAvn, 
for  at  least  Iavo  Aveeks  l)efo]'e  the  day  appointed  for  such  election;  hut  if 
the  charter  shall  not  he  acee])t(*d  as  aforesaid,  the  said  trnstcM's  may,  from 
time  to  time,  whenever  they  shall  h(‘  p{'titioned  to  that  elfect  hy  at  least 
one  himdred  hons(>holders,  residing  xvithin  the  limits  afonvsaid, "cause  an 
election  to  he  held  as  aforesaid  until  th(‘  chartin’  shall  he  accei)t(‘d.  giving 
at  least  two  AViH'ks’  previous  notici^  of  such  election,  hy  iinhlication  in 
sonu^  iK'wspaper  ])rinted  in  said  toAvn;  and  Avluni  the  chartin’  shall  he  ac- 
ee])tcd  as  aforesaid,  they  shall  jiroceed  as  hereinbefore  proA  ided,  in  case 
of  the  accejjtance  of  the  charter;  and  the  officers,  Avho  shall  he  elected  at 
the  tirst  election,  shall  continue  in  office  until  the  first  Monday  in  April 
then  next  following,  and  until  their  successors  are  duly  elected  and 
ipialilied:  Promded,  That  the  General  Assembly  may,  at  any  time,  I'ejieal. 
alter,  amend,  or  modify  this  act  at  pleasure. 

Aiiproved,  December  0,  1822. 


AX  ACT 

IX  Auurnox  to  ax  act  kxtitlkd  “ax  act  to  ixcouporatu  the  ixiiAin- 

TAXTS  OF  TIIK  TOWX  OF  ST.  LOUIS/’  AXU  AX  ACT  SUFFLKAI FNTARA.’'  TIIKKFTO. 

Be  it  enacted  hy  the  Geyieral  Afificnihly  of  the  State  of  Missouri,  as  follows  : 

1.  That  the  mayoi’,  aldermen  and  citi/ens  of  the  city  of  St.  Louis  may 
purchase,  receive  and  hold  iiroperty,  real  and  ])ersonai,  within  the  limits 
of  the  city  of  St.  Louis;  and  such  other  I’eal  and  iiersonal  ])ropcrty. 
beyond  the  limits  of  said  city,  as  may  he  ai-tnally  necessary  for  the  wate'r- 
Avorks.  for  supplying  the  city  Avith  Avatei’  from  the  Mississii)])! ; and  not 
exceeding  tini  acres,  for  the  establishment  of  a hospital,  for  th(‘  reception 
of  ])ersons  infected  with  contagious  disease’s,  and  for  othi’r  jinrposes;  and 
may  h’asi’,  si’ll,  and  dispose’  of  the’  same’  lor  the  hi’iu’lit  of  th(>  e-ity. 

2.  That  the’  mayor  anel  hoarel  ol  alele’rmen  shall  have’  powe’r,  by 
orelinane’e',  to  re’gidale  the’  inspi’e-tion  of  hc’cf,  Avhisky,  iioi’k,  Hour  and 
coi’ii  me-al , in  harri’ls. 

:L  d'hat  the’  se’ve’iith  se’ction  of  an  ai’t  I’lititleel  “An  act  snpiileme’ntary 
to  an  ai’t  I’litith’d  an  ae-t  to  ine-orporate  the’  inhabitants  of  the’  toAvn  ol  St. 
liOuis,”  he’  anel  the’  same’  is  he’ri’hy  re’iu’ale’el ; anel  that  the  mayor  anel  hoarel 
of  alele’rnu’n  shall  have  powei-  to  I’e’gnlatei  anel  tlx  the^  salaries  of  the’ 
elitfere’nt  offii’i’i’s  by  orelinane’e’. 

4.  4'hat  the  alele’rmen  shall  have  power  to  nominate,  anel,  hy  anel  with 


44 


CirAllTEPtS  OF  THE  CITY  OF  ST.  LOUIS. 


tlio  consent  of  the  inayoi-,  may  a])i)oint  an  assessor,  Avliose  duties  sliall 
})e  prescribed  by  ordinance. 

5.  Tliat  the  citizens  within  the  limits  of  the  said  corpoi'ation  of  the  city 
ot  St.  Louis  sliall  be  exemiit  from  working  any  road  oi-  roads  beyond  the 
limits  of  the  coqioration,  or  from  paying  any  tax  to  pi’ocure  laborers  to 
work  u])on  said  road  or  I'oads. 

().  That  the  mayor  and  board  of  aldermen  shall  have  power  to  i-egnlate, 
pave  aiid  improve  the  streets,  avenues,  lanes  and  alleys  within  the  city, 
and  to  estalilisb,  open,  widen  and  extend  all  such  streets,  avenues,  lanes 
and  alleys;  and  when  it  shall  be  necessary  to  take  pi-ivate  ])roperty  foi- 
any  ])iiblic  street,  lane  or  avenue,  a Just  comiiensation  shall  be  made 
tbei-efor;  and  when  the  amount  of  such’ conqiensation  shall  not  be  agn^ed 
U])on  between  the  mayor,  aldermen,  and  the  i)erson  injureil,  the  mayor 
sliall  cause  an  iiupiest  thereof  to  be  made  by  a jury  of  twelve  good  and 
lawful  men.  freeholders  of  the  city,  and  not  (iirectly  interested,  who. 
being  duly  sworn  by  the  mayor,  shall  estimate  and  assess  tin*  damages 
Avhich  would  be  sustained  by  the  person  or  jiersons  Avhose  projierty  is  so 
taken,  and  shall  return  their  A’ei-dict,  under  their  hands,  to  the  mayor. 
And  in  opening,  Avidening,  or  in  any  manner  altering  alleys  through  the 
blocks  or  srpiares  of  the  said  city,  the  same  proceedings  shall  be  had  as  in 
the  case  of  public  streets,  aA^enues  and  lanes  aforesaid,  AAith  this  addition, 
that  the  jury  of  impiest  shall  assess  not  oidy  the  damages  Avhich  Avill 
accrue  to  the  OAvner  of  the  property  taken,  but  also  the  amount  of  benetlt 
Avhich  Avill  accrue  to  such  persons  as  shall  have  petitioned  the  mayor  for 
tlie  opening,  AA'idening  or  altering  such  alley;  and  the  mayor  and 
aldermen  may  jiroA'ide  liy  ordinance  for  forcing  the  payment  of  such 
assessments;  and  the  mayor  shall  liaA^e  iiower,  foi-  good  cause  shoAVii' 
within  ten  days  after  the  retuiai  to  him  of  any  inquest  in  virtue  of  this 
section,  to  set  the  same  aside,  and  liaAT  a ncAV  inquest  taken.  .Vnd  the 
mayor  and  aldermen  shall  have  poAver  to  jirovide  by  ordinance  li>r  the 
assessment  and  payment  of  reasonable  fees  to  the  jury  and  th<‘  ('unstable. 
And  the  fourteentii  section  of  the  “Act  to  incorporate  the  inhabitants  of 
the  tOAvn  of  St.  Louis,”  is  hereby  repimled. 

7.  That  the  city  assessor,  to  lie  ajipointed  in  manner  aforesaid,  shall. 
CA’cny  second  year,  at  the  time  of  making  the  assessment,  take  a census 
and  enumeration  of  all  the  inhabitants  of  the  city,  and  in  such  manner  as 
shall  be  prescribed  by  ordinance;  and,  immediaUdy  after  the  taking  and 
return  of  such  census  and  enumeration,  it  shall  be  the  duty  of  the 
corjiorate  authorities  of  the  city  to  arrange  and  reform  the  Avards  of  the 
(dty  in  such  manner  as  to  make  them,  as  nearly  as  may  be,  eipial  in 
qnalitied  voters. 

8.  That  the  mayor  and  board  of  aldermen  shall  haA'e  the  exchisiA'e  right 
to  license  ferries  and  billiard  tabh's  Avithiii  the  limits  of  the  city,  and  also 
the  ('xclusiAT-  ri^iit,  by  ordinance,  to  regulate,  restrain,  punish  or  supjiress 
the  ki'epiug  of  ferries  and  billiai'd  tables  in  said  city;  and  all  the  net 
])roceeds  of  all  moneys  arising  iindc'r  the  rights  and  jiowers  granted  by 
this  section,  Avhethei*  by  licamses,  lines,  forfeitures,  ]K'nalties,  oi-  other- 

'wise,  shall  be  approin-iab'd  and  be  apidied  to  the  siqiport  of  such  jmblic 
hospital  as  may  be,  or  is  now  ('stablished  in  or  near  tlu'  said  city  by  hiAV. 

9.  That  Avheiuwer  any  tract  oi*  ])arcel  of  land,  adjoining  the  city  of  St. 
Louis,  shall  be  laid  off  as  a toAvn  into  stre('ts  and  lots,  and  a iietition  shall 
be  jiresented  to  the  mayoi-and  aldermen  of  said  city,  sigiual  by  tAvo-tliirds 
of  the  pei'sons  who  oaVd  such  ti-act  or  iiarci*!  of  land,  in-aying  that  tin* 
same  may  lie  amu'xed  to  and  foian  a part  of  th(‘  city,  the  mayor  and  board 
of  ald(*rmen  shall  caus(‘  a jioll  to  Ik*  opeiu'd  at  tlu*  lU'xt  geiu'ral  ch'ction  in 
said  city,  and  r('<iuir(*  the  qnalitii'd  vot(‘rs,  at  the  lime  of  voting  for  mayor 
and  ald(‘rm(*n,  to  vote*  foi’  or  against  tlu*  admission  into  the  city  of  tlu* 
tractor  ])arc(‘l  of  land  so  prayed  to  lx*  amu'xc'd  tlu*reto.  And  if  thi'(*e- 
lifths  of  the  iiualitied  voters  o(  tlu*  city  shall  be  in  favorof  such  admission, 
such  tract,  or  pai'cel  of  land  shall  bcconu*  a parlor  pai’C('l  of  the  city  to 
all  intents  and  lun-poses,  as  fully  and  ])crf(‘ctly  as  if  the  sanu^  had  b(*cn 
inchuh'd  Avithin  the  original  limits  of  tlu*  same;  and  the  inayoi’  and  hoard 
of  ahh'rmcn  shall  cause  a )'(*<M)rd  thereof  to  he  made  and  deposited  in  the 
archives  of  said  city. 


OIIAirrKKS  OF  TIIF  CITY  OF  ST.  LOUIS. 


45 


10.  sueli  of  the  act  lo  which  this  is  Ji  sui)i)lcnioiit  as  arc 

contrary  to  or  inconsisti'iit  with  tlu*  j)ro\isions  of  this  act,  lx;  and  the  same 
an'  hcrehy  rcpcah'd. 

'I’his  act  shall  take  etlect  from  and  afh.'r  the  passage  thereof. 

A])proved,  dan  nary  15,  1831. 


AN  ACT 

IN  ADDITION  TO  AN  ACT  TNCOHPORATING  THE  INHABITANTS  OF  THE  TOWN  OF 

ST.  LOUIS. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Missouri,  as  follows  : 

1.  That  the  city  of  St.  Louis  shall,  after  the  first  day  of  April,  eighteen 
hundred  and  thirty-three,  he  divided  into  four  wards,  the  boundaries  of 
which  shall  he  fixed  by  the  proper  authority  of  said  city,  and  may  be 
changed  from  time  to  time,  according  to  law," as  the  changu  in  population 
may  require;  and  the  autliorities  of  the  city  may  estaldish  new  wards 
whenever,  in  their  judgment,  the  interests  of  the  inhabitants  may  require 
it;  and  every  wanl',  whether  now  in  being,  or  hereafter  to  be  established, 
shall  liave  the  light  to  elect  tliree  aldermen,  so  that  the  board  of  aldermen 
sJiall,  at  all  times,  consist  of  three  memliers  from  each  ward. 

2.  That  the  mayor  and  board  of  aldermen  shall  have  the  exclusive  right 
to  license,  regnlate  and  restrain  the  keeping  of  ferries  and  liilliard  tables 
within  the  limits  of  the  city;  and  also  the  right  to  punish  or  entirely 
siqipress  the  keeping  of  billiard  tables  within  the  city;  and  the  net  pro- 
ceeds of  all  moneys  arising  under  the  rights  and  powers  granted  by  this 
section,  whether  by  license,  tines,  forfeiture's,  or  otherwise,  sln’dl  lie 
appropriated  and  applied  to  the  support  of  such  hospital  as  is  or  may  be 
established  in  or  near  the  said  city,  as  the  majmr  and  board  of  alderinen, 
by  ordinance,  may  from  time  to  time  direct. 

3.  That  whenever  any  tract  or  iiarcel  of  land,  adjoining  the  city  of  8t. 
Louis,  shall  be  laid  off,  as  a town,  into  stre'cts  and  lots,  and  a "petition 
shall  be  presented  to  the  mayor  and  lioard  of  aldermen  of  said  city,  by 
tlie  proi)rietors  of  the  major  part  of  such  tract  or  parcel  of  land,  iiraying 
tliat  the  sa-me  may  be  annexed  to,  and  form  a ])art  of,  tbe  city,  the  mayor 
and  board  of  aldermen  sliall  cause  polls  to  l)(i  oiiened  at  the  next  general 
election  of  city  officers,  and  re([uir(i  flic  electors,  at  tbe  time  of  voting  for 
mayor  and  aldermen,  to  voh'  for  or  against  tbe  admission  into  the  city  of 
the  tract  or  i)arcel  of  land  so  jiiuyed  to  b(i  anm'xed  tlu'rc'to;  and  if  a 
majority  of  all  the  electoi-s  of  tlu'  city  shall  Ix^  in  favor  of  such  admission, 
such  tract  or  parcel  of  land  shall  thencefoith  be])artand  i)arcel  of  the  cit\’, 
to  all  intents  and  purposes;  and  tlx^  mayor  and  board  of  aldermen  shall 
cause  a record  thereof  to  be  made  and  deposited  in  the  archives  of  the 
city . 

■i.  Idiat  the  act  to  incor])orate  the  inhabitants  of  the  town  of  St.  Louis, 
and  all  other  acts  of  the  General  Assembly  made  as  additions  or  supple- 
ments thereto,  ar(^  hereby  declared  to  Ix^  imblic  laws,  to  be  received  and 
recognized  in  all  courts  and  places,  witbout  r('(juii-ing  any  proof  thereof 
other  than  is  reqnin'd  of  the  otlx'r  i)nblic,  laws  of  the  State.  And  all 
ordinanw^s  of  the  city  may  be  })rov(*n  liy  tlx'  s(*al  of  tlxi  (X)rix)ration ; and 
when  printed  and  published  in  book  forin,  and  purpoiting  to  be  so  printed 
by  anthority  of  the  cor}X)ration,  the  sanu*  ma}"  be  received  in  evidi'iice  in 
ail  courts  alid  place's  without  furthei-  i)roof. 

5.  That  the  eighth  and  innth  sections  of  “An  act  in  addition  to  an  act 
entitled  an  act  to  incorixirate  the  inhabitants  of  tlx;  town  of  St.  Louis,” 
and  the  act  supplementary  theivto,  ai)i)roved  the  tlfhienth  of  danuary, 
eighteen  hundred  and  thirty-one,  be,  ami  the  same  are  hereby  repealed. 

Ai)proved,  January  10,  1833. 


4G 


CIJARTERS  OF  TJIE  CITY  OF  LOUIS. 


AN  ACT 

TO  INCORPOllATP:  THE  INIIA151TANTS  OF  THE  TOWN  OF  ST.  LOUTS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

1.  That  all  that  district  of  coiiiitiy  coiitaincd  within  tlie  following 
limits,  to- wit:  Beg-innin<>-  at  a ])oiiit  in'  the  niiddh*  of  the  main  eliannel  of 
the  .Mississippi  river,  diu'  east  of  the  southern  end  of  a bridge  aci'oss  Mill 
ereelv.  at  the  lower  end  of  tlu*  town  of  St.  I.ouis;  thence  due  west  to  a 
l)oint  at  which  the  western  line  of  Seventh  street,  extended  southwardly, 
will  intersect  the  same;  thence  northwardly,  along  the  western  side  of 
Seventh  sti-eet,  and  continuing  in  that  course  to  a i)oint  due  west  of  the 
northei-Ti  side  of  Roy’s  tower;  thence  due  east  to  the  middle  of  the  main 
channel  of  the  Mississipi)i  I'ivei’;  thence  with  the  middle  of  the  main 
channel  of  the  said  river  to  the  })lace  of  beginning,  which  was  heretofore 
erected  into  a city  by  the  name  of  the  City  of  St.  Louis,  is  luireby  con- 
tinued as  a city,  by  the  naim^  of  the  City  of' St.  Louis. 

2.  That  the  inhabitants  of  the  said  city  heretofore  constituted  a body 
politic  and  corporate,  by  the  name  and  style  ot  the  “Mayor,  Aldermen 
and  citizens  of  the  City  of  St.  Louis,”  ai-e  herebj"  continued  as  such 
body  politic  and  corporate,  by  the  name  and  style  of  the  “Mayor,  Aider- 
men  and  citizens  of  the  City  ot  St.  Louis,’*  and  by  that  name  they  and 
their  successors  shall  he  known  in  law,  .shall  have' peri)etual  succession, 
shall  sue  and  b(^  sued,  implead  and  be  imj)leaded,  defend  and  be  defended, 
in  ail  courts  of  law  and  equity,  and  in  all  actions  whatever;  may  i)ur- 
chase,  receive  and  hold  property,  real  and  p(“i-son:d,  within  the  said  city, 
and  may  sell,  lease,  or  dispose  of  the  same  tor  the  benelit  of  the  city; 
may  pul-chase,  receive  and  hold  pi-opertj',  real  and  i)ersonal,  beyond  the 
limits  of  said  city,  to  be  us(h1  for  the  burial  of  the  dead  of  the  city;  also 
for  tlie  erection  of  waterworks  tosuppl}"  the  city  with  water,  ajul  also  for 
the  establislinient  of  a hos])ital  for  tlie  reception  of  persons  infected  with 
contagious  and  other  diseases;  and  may  sell,  h-ase,  or  dispose  of  such 
property  for  the  lienelit  of  the'  city,  and  may  do  all  other  acts  as  natural 
persons;  they  shall  have  a common  seal,  and  may  break  and  alter  the 
same  at  pleasure. 

3.  That  the  city  shall  be  di\1ded  into  four  wards,  the  boundaries  of 
which  shall  be  tixed  by  ordinance,  and  may  lie  changed  from  time  to  time 
as  the  change  in  jiopidation  may  require;' and  the  mayor  and  board  of 
aldermen  may  establish  new  wards. 

4.  That  the  mayor  and  lioai-d  of  aldermen  shall  have  powei*  to  organize 
and  establish  lii-e  companies  in  tin*  city,  not  exceeding  one  hundred  inem- 
bers to  each  company;  and  the  members  thereof  shall  lie  exempt  from 
performing  militia  duly  in  time  of  jicace. 

5.  That  the  ])OW(u-s  of  said  corporation  shall  be  vested  in  a mayor  and 
boai-d  of  aldei-men. 

6.  That  the  mayor  shall  he  (dected  by  the  voters  of  the  city,  and  shall 
hold  his  ollice  for  the  term  of  one  year,  and  until  his  succe.ssor  be  chdy 
elected  and  qualitied. 

7.  That  the  mayor  shall  b(‘  at  least  thirty  years  of  age,  a citizen  of  the 
United  States,  and  shall  have  resided  wit'bin  the  city  for  at  least  two 
yeai-s  next  iireceding  Ids  (‘lection,  and  shall  [lossess  a treehold  estate 
within  the  limits  of  the  city. 

8.  That  no  pei-son  shall  lie  mayor  who,  at  tin*  time  of  his  ehaition,  shall 
hold  any  ollici!  of  honor,  trust  or  jirolit  under  the  United  States. 

9.  Tllat  if  the  mayor,  during  his  continuama*  in  oflice,  shall  receive  any 
otlice  of  honor,  trust,  or  profit,  under  the  Unit(‘d  States,  his  oflice  (>f 
mayor  shall  thereby  immediately  become  va(*aled. 

h).  That  the  boiird  of  ald(‘rnien  shall,  at  all  times,  consist  of  three 
membc'rs  from  each  ward  of  the  city. 

11.  That  the  aldermen  shall  hi'  chosen  by  the  vot(*rs  of  (‘ach  wai-d,  and 
shall  hold  fheii-  oflices  for  the  term  of  one  y(*ar,  and  until  th(‘ir  succ'ssors 
be  duly  elected  and  (pialifiinl. 

12.  That  each  alderman  shall  be  at  least  twenty-one  years  of  age,  a cili- 


CIIAKTEHS  OF  THE  CITY^  OF  ST,  LOUIS. 


47 


Z(Mi  of  tlie  UnitcMl  Stntes,  ;ui  iiiliabitjuit  of  the  city  for  the  h'nn  of  omc 
year  lu'xt  i)i-('e(Mrm»i'  his  (‘lection,  and  shall  ])ossess  a freehold  estate 
within  the  limits  of  the  eity.  ^ 

1:L  'rind  if  the  mayor  or  any  alderman,  during  his  eontinuanee  in 
oI1Uh‘,  shall  cease  to  possess  a fre.i'liold  estate  within  the  limits  of  the  eity, 
his  otlie(‘  shall  immediately  therehy  h(H‘()me  vacated. 

14.  Tluit  th(‘  mayoi*,  aldcrm(*n,  and  all  other  otlieers  of  the  city,  shall, 
during-  their  eontinuanee  in  otliee,  reside  wdthin  the  limits  of  the  city. 

15.  ddiat  if  the  mayor,  any  alderman,  or  other  otti(ier  of  the  corpora- 
tion shall  cease  to  reside  wuthin  the  limits  of  the  city,  his  ollice  shall 
therehy  immediately  hecoine  A^acated. 

1().  That  where  two  or  more  persons  shall  have  an  equal  numher  of 
votes  for  the  ollic^e  of  mayor,  the  hoard  of  aldermen  shall  determine,  hy 
lot,  wdnch  of  such  persons  shall  l)e  mayor. 

17.  That  whenever  there  shall  he  a tie  in  the  election  of  aldermen,  the 
judges  of  election  in  the  ward  in  which  it  shall  happen  shall  determine 
the  same  hy  lot. 

18.  That*  wdienever  any  election  for  mayor  or  aldermen  shall  he  con- 
tested, it  shall  he  determined  hy  the  hoard  (jf  aldermen. 

19.  That  all  vacancies  that  sdiall  occur  in  tlie  hoard  of  aldermen  shall 
he  tilled  hy  election,  in  such  manner  as  shall  he  provided  ])y  ordinance. 

20.  That  whenever  any  vacancy  shall  happen  in  the  oilice  of  mayor, 
it  shall  he  tilled  hy  election,  in  such  manner  as  shall  he  provided  hy 
ordinance. 

21.  That  the  mayor  may  he  removed  from  office  for  any  misdemeanor  in 
office,  hy  a vote  of*  two-tliirds  of  all  the  memhers  of  the  hoard  of  aldermen 
(dected . ' 

22.  That  the  mayor  shall  have  ])ower  to  nominahq  and,  Avith  the  con- 
currence of  the  hoard  of  aldermen,  to  ap])oint  all  city  offic(*rs  not  ordered 
hy  law  or  ordinance  to  he  otherwise  api)ointed;  h(3  shall  take  care  that 
the  laws  of  the  State  and  the  ordijiances  of  the  city  are  duly  eid’orced, 
respected  and  ohser\'ed  within  the  city;  he  inay  remit  lines*  forfeitures 
and  penalties,  accruing  or  tlowing  froiii  tlu;  violation  of  any  ordinance  of 
tliecity;  he  may  till  all  vacaincies  which  shall  happen  in  any  ollme  other 
than  tiiat  of  alderman,  until  the  end  of  the  session  of  the  hoard  of  aider- 
men,  which  shall  next  happen  afh'r  the  vacancy  shall  have  occin-red;  he 
shall,  from  time  to  time,  give  the  Inward  of  aldermen  information  relative 
to  the  state  of  the  city,  and  shall  i*ecomniend  to  their  (.‘onsideration  such 
measures  as  he  shall  deem  expedient. 

2.‘>.  d'hat  the  hoard  of  aldermen  shall  elect  one  of  tlndr  own  numher  to 
he  president  of  the  hoard;  they  shall  ai)point  all  such  ollicrers,  servants 
ami  agents  of  the  l)oard  as  they  shall  deem  n(‘C(*ssary  for  the  transaction  of 
husiiK'.ss;  tiny  shall  judges  of  tin*  (pialitications,  elections  and  retui’iis  of 
memhers  of  the  hoard;  they  shall  make  rules  and  regulations  for  the 
government  of  tlmir  own  pi’oca^edings;  tluy  shall  have  power  to  (‘.ompel 
the  attendance  of  absent  inc'mhers  on  the  nuictings  of  the  hoard;  to  inuiish 
in(imh(‘,rs  for  disorderly  condimt,  and,  hy  a vote;  of  two-thii’ds  of  all  the 
memlxsrs  (‘l(H;ted,  to  expel  a member,  hut  not  a second  time  for  the  same 
olfense;  tiny  shall  cause  a true  and  faithful  ivcoi’d  to  lx*  kept  of  all  the 
acts  and  proceedings  of  the  hoard,  and,  at  the  desii-e  of  any  mendjcr,  shall 
(anise  the  yeas  and  nays  on  any  (piestion  to  he  ent(‘r(‘d  therein . 

24.  I'liat  tlu're  shall  he  four  stated  imetings  of  the  hoard  of  aldermen  in 
ev(‘ry  yeaiq  tin;  tinuvs  and  places  of  which  shall  he  prescribed  hy  lesolution 
or  ordinancii  of  the  hoard. 

25.  That,  in  all  me(4ings  of  tin*  hoard  of  aldermen,  a majority  of  the 
whole  numixii’  of  nu'inlx'rs  (iheted  shall  (X)nstitut(‘  aipiorum  to  do  hiisimcss. 
hut  any  smaller  numher  may  adjourn  from  day  to  day,  and  compel  the 
attendance  of  absent  nn'inhers. 

2{).  That  at  all  meetings  of  the  hoard  of  aldermen,  they  may  adjourn 
and  m(‘(*t  upon  such  adjournment. 

27.  44iat  the  mayor,  or  any  live  memhers  of  the  hoard  of  aldei-men, 
may  call  sjxxtial  nuxdings  of  the  hoai-d  of  ald(‘rmen,  hy  giving  one  day's 
notice  theinof,  in  writing,  to  the  memhers  of  tlu^  hoan'l. 

28.  That  whenever  a spiicial  m(;eting  of  tin;  hoard  of  al(l(*rmen  shall  he 


48 


CITARTERS  OF  THE  CITY  OF  8T.  LOUIS. 


ealledby  tlio  niayoi*,  lie  shall  state  to  them,  -svlien  assembled,  the  cause 
for  which  they  have  been  assemliled. 

20.  That  the  mayor  and  aldermen  shall  be  conservator’s  of  the  jieace 
thi’ou^hoiit  the  city,  and  shall  have  thei’ein  all  the  powers  and  jui’isdietion 
now  v(*sted  in  justices  of  the  jreace  in  mattei’s  of  a ei’iminal  naturi',  and 
shall  exercise  ail  i>ow'ers  and  jrerform  all  the  duties  which  may  be  vested 
in  or  required  of  them  by  ordinance. 

80.  That  the  mayor,  aldermen,  and  each  justice  of  the  peace  within  the 
city,  shall  have  jiu’isdiction  of  all  cases  ari'sino’  under  this  act  and  under 
all  ordinauc,es  of  the  city,  subject,  however,  to  an  appeal  in  all  cases  to 
the  cii’cuit  court  of  St."^  Louis  county,  and  evei’y  such  appeal  shall  be 
granted  and  taken  in  the  same  manner  as  ap])eals  are  ^’ranted  by  and 
taken  from  justi(;es  of  the  peace  to  the  circuit  court,  under  the  general 
law  of  the  State. 

31.  That  when  any  vacancy  shall  happen  in  the  office  of  mayor,  the 
president  of  the  board  of  aldermen  shall  exercise  the  duties  ami  receive 
the  compensation  of  mayor  until  such  vacancy  shall  be  tilled. 

82.  That  the  mayor  and  l)oard  of  aldermen  shall  have  power  within 
the  city  to  levy  and  collect  taxes,  not  exceeding  one-half  of  one  per 
centum,  upon  all  property  and  persons  made  taxable  by  law  for  State 
l)ur])oses_;  to  make  regulations  to  prevent  the  introduction  of  contagious 
diseases  into  the  city  ; to  make  quarantine  laws  for  that  purpose,  and 
enfoi’ce  the  same  within  ten  miles  of  the  city;  they  shall  have  power  by 
ordinance,  within  the  city,  to  establish  hospitals;  to  make  regulations 
to  secure  the  general  health  of  the  inhabitants  of  the  city;  to  i)revent  and 
remove  nuisances  ; to  divide  the  city  into  wards  ; to  estaldish  night 
watches  and  patrols;  to  erect  lamps  in  the  streets;  to  provide  the  city 
with  water;  to  erect  hydrants  and  pumi)S  in  the  streets,  for  the  conve- 
nience of  the  inhabitants;  to  o])en  and  keep  in  repair  streets,  avenues, 
lanes,  alleys,  drains  and  sewers,  and  keep  the  same  clean;  to  regulate, 
l)ave  and  inqjrove  the  streets,  avenues,  lanes,  and  alleys,  within  the  city; 
and  to  establish,  open,  widen  and  extend  all  such  sti’cets,  avenues,  bines 
and  alleys  ; to  establish  and  repair  bridges  ; to  establish  and  regulate 
markets  ; to  improve  and  preserve  the  navigation  of  the  Mississippi 
river  within  the  city  ; to  erect,  repair,  and  regulate  public  wharves 
and  docks;  to  regurate  the  erecting  of  private  ^^■harves,  and  the  rates 
of  wharfage  at  the  same;  to  regulate  the  stationing,  anchorage  and 
mooring  of  vessels  within  the  city;  to  provide  for  the  iireventiou  and 
extinguishment  of  tires;  to  organize  and  establish  tire  companies;  to 
establish  standard  weights  and  measures,  and  regulate  the  weights  and 
measures  to  be  used  in  the  city,  thereby  in  all  cases  not  otherwise  jirovided 
for  by  law;  to  regulate  the  size  of  lii’icks  to  be  made  and  used  within  the 
city ; to  regulate  and  order  partition  and  parapet  walls  and  partition  fences; 
to  regulate  the  cleaning  of  chimneys,  andtix  the  fees  therefor;  to  regulate 
the  storage  of  giuqiowder,  tai’,  pitch,  resin,  hemp,  cotton  and  other 
combustible  materials;  to  regulate  the  police  of  the  city;  to  license,  tax 
and  regulate  auctioneers,  nierchants,  retailers,  grocers,  ordinai’ies, 
taverns,  eolfee  houses,  pawnbrokers,  money  changers,  hawkers,  ped- 
dlers, wagons,  carts,  drays,  theatrical  and  other  shows  and  amusements; 
to  restrain,  ])rohibit,  or  tax  ti])pling  houses;  to  resti’ain  or  prohibit  bawdy 
and  other  disorderly  houses;  the  right  to  suppress  gaming  and  gaming 
houses;  the  exclusive  right  to  license,  regulat(\  and  restrain  the  ke(“i)ing 
of  ferries;  the  exclusive  right  to  license,  regulate,  restrain  or  supjiress 
the  keeping  of  billiard  tables;  to  regulate  the  weight,  quality  and  ])ric(‘ 
of  bread;  to  jirovide  for  the  insiiectiou  of  lumber  and  oilier  building 
materials  to  b(i  sold  or  used  in  the  city;  to  regulatx;  the  iiiS})ection  of 
butter,  lard,  and  othei’  pi’ovisions;  to  provide  for  th(‘  inspection,  w<‘igh- 
ing  and  measuring  of  hay,  stone  coal  and  wood,  and  to  regulate  the  sale 
of  th(‘  same;  to  regulate  the  insjH'ction  of  b(*ef,  pork.  Hour,  coi’ii,  meal 
and  whisky,  in  ban-els;  the  exclusive  right  to  jirovide  for  the  insix'clion 
of  tobacco*;  to  ri'gulate  tin*  elections  of  city  ollicers;  to  remove  from  ollice. 
any  jierson  holdiiig  an  ollice  created  by  oi’dinance;  to  fix  tlui  compi'uv;!- 
tion  and  fees  of  all  city  ollicers;  to  lix  tin;  fees  ot  jurors,  witiu'sses,  and 
othei’S,  for  services  rendered  under  this  act,  or  any  ordinance  of  the  city; 


CHAHTKUS  OF  'V\IV:  ( I'rY  OF  S1\  LOUIS. 


49 


to  provide  lor  Mu':  pnynu'iit  of  all  oxiu'iises  incurred  in  Mu;  i)(‘i-fonnauc(!  ol 
duli{‘<  r('(piir('d  by  Ibis  act,  or  any  oi*diiiauc(' of  Mu;  city ; to  imi)os(‘  lines 
and  forleilurc's  for  llie  biaaich  of  any  oi-dinance  of  the  city,  and  provide 
for  tbe  colli'clion  and  appropi'ialion  tlu'iH'of;  to  i)rovid(;  Vor  takini>-  tbr 
census  and  (‘nunieration  of  Mu;  iidiabitants  of  tbe  city;  to  apj)oint  all 
oHicers,  servants  and  a.i»'ents  necessary  to  carry  into  ellecb  Mu*  povv(;rs 
hereby  »^ranted. 

JkL  Every  ordinan(;e  wbicli  the  board  of  aldermen  shall  pass,  befon;  it 
beconu'S  a law,  shall  be  i)r(‘sent(‘d  to  Mu;  mayor  for  his  ap})robation . 

:i4.  If  Mie  mayor  shall  not  approve  au  ordinan(;e  presented  to  him  for 
approb:itioii,  he  shall  return  it  to  the  ])oard  of  aldermen  with  hi*i 
objections;  and  the  board  shall  ]-econsider  the  ordinance  so  returned,  and 
if,  after  such  reconsideration,  a majority  of  the  whole  number  of  aider- 
men  el(;cted  shall  pass  tlie  ordinance,  it  shall  become  a law. 

35.  If  any  ordinance  shall  not  be  returned  to  the  board  of  aldermen 
within  three  days  after  it  shall  have  been  delivered  to  the  mayor  for  his 
approbation,  it  shall  become  a law  in  the  same  manner  as  if  he  liad 
ai)})roved  it. 

3G.  The  style  of  the  ordinances  of  the  city  shall  be,  "‘Be  it  ordained 
by  the  mayor  and  board  of  aldermen  of  the  city  of  St.  Louis. ' ' 

37.  Airordinances  passed  by  the  boai-d  of  aldermen  shall,  within  one 
month  aftei-  they  have  become  a law,  be  piddished  in  some  newspa])er 
published  in  the  city. 

38.  All  ordinances  of  the  city  may  he  approved  by  the  seal  of  tlu* 
corj)oration,  and  when  prinh'd  and  ])nl>lished  in  l)ook  form,  and  i)ur- 
porting-  to  be  so  printed  by  authority  of  the  corporation,  the  same  shall 
be  received  in  eviflence  in  all  courts  and  ])lac(*s,  without  further  proof. 

39.  When  it  shall  be  necessary  to  take  pilvah*  property  for  openijig-. 
widening  or  altering  any  ])nblic\street.  lane  oi‘  avenue,  tlu;  coi-poration 
shall  make  a just  comi)ensation  therefor  to  tlu*  })erson  whose  ])ro{)('rty  is 
taken;  and,  if  tlu;  amount  of  such  compensation  can  not  he  agreed  on,  the 
mayor  shall  cause  the  same  to  be  ascertained  by  a jury  of\lisinterested 
freehold(;rs  of  the  city. 

40.  In  oi)ening,  widejiing,  or  alh'ring  alleys  through  the  blocks  or 
squares  of  the  city,  tlu;  same  })roc(*edings  shall  be  had  as  in  the  case  of 
op('ning,  wid(*ning  or  altering  i)nblic  sti-eets,  lanes  or  avenues,  with  this 
addition,  that  the  jury  shall  ascertain  the  amount  of  benetit  that  will 
accrue  to  the  pei-son  Avliosi;  i)ro})erty  is  taken,  oi*  to  those  who  may  hav<* 
petitioned  for  the  0])(*ning,  w idening  or  altering*  of  such  alley. 

41.  When  the  owners  of  all  the  i)i*oi)erty  w here  a street,' lane,  avemu* 
or  all(*y  pro])oscd  to  lx*  opened.  wideiu*d  oi*  altered,  shall  p(*tition  there- 
for, the  mayor  and  board  of  abU'rnu'ii  may  op(*n,  w4d(*n  or  al4<*r  such 
stre(;t,  laiu;,  av(*nne  or  all(*y  n])on  (;onditions  to  lx;  pi*(*scrilx*d  by  them; 
but  no  (*om])ensation  shall  lx;  nuuU;  to  thos(*  w hose  prop(*rty  shall  be  tak(*n 
for  the  opening,  wid(*iung  or  alt(*rlug  such  street,  lane,  avenue  or  alley, 
nor  shall  th(*i*e  be  any  assessnu*nt  of  the  amount  of  ben<;lit  that  may  accrue 
thereby  to  any  of  Mu’*  petitioners. 

42.  All  jni’ors  imi)amu*l(*d  to  in([uir(*  into  tlu*  amount  of  damage's  or 
benelits  wliich  shall  bapix'i;  to  tlu;  owners  of  pro)x*rty  upon  any  street, 
lane,  av(*mu;  or  alley,  to  lx*  op(*n(;d,  wid('n(*d  or  alt(*r(*d,  shall  first  be 
sworn  to  that  ('lh*ct,  and  shall  retui*n  to  the  mayor  their  iiuiucst  in 
w*rithig*,  and  signed  by  each  juror. 

43.  'flu;  mayor  and  board  of  aldernu'ii  shall  have  powx'r,  by  oi*dinance. 
to  enforce  the  payment  of  all  sinus  wliicb  a jury  shall  declare  to  be  tlu* 
amount  of  b(*n(*lits  accruing  to  the  owiu*rs  of  propei’ty  iqion  any  alley 
wdiich  shall  be  open(*d,  widened  or  alt(*r(*d,  if  the  owner  be  one  ot  tlu* 
p(;titioiu*rs  for  o])ening,  widening  or  alt{*i*ing  such  a,lh;y. 

^14.  'liu;  mayor  shall  have  pow(*r,  for  good  cansi;  shown,  within  t(*n 
days  after  tlu;  return  to  him  for  any  iiuin(*st,  to  S(;t  the  same  aside,  and 
cause  a iu*w  iiupu;st  to  lx;  made. 

45.  Uix)n  tbe  aiiplicntion  of  theholdei‘S  of  tw'o-thii*ds  of  tbe  front  of  tlu* 
lots  on  any  street,  or  i)art  of  a street,  it  shall  lx;  lawful  for  the  mayor  and 
board  of  ald(;rnu;n,  by  ordlnanci;,  to  li;vy  and  colI(;ct  a special  tax  on  tlu* 
holders  of  the  lots  on  said  street,  or  part  of  street,  according  to  tlu; 

4 


50 


CHAKTEKS  OF  THE  CITY  OF  ST.  LOUIS. 


respeotivo  fronts  owikmI  ll)y  IIkmii,  for  tlie  ))nr])o.s('  of  p5iviu<^  such  stroet. 
or  luirt  of  a sti-eot,  and  n])on  siinilai-  ai)i)Iieation,  to  l(‘vy  and  oollect  a tax 
in  the  same  inannoi-,  for  tlio,  pin-))oso,  of  li»iitini>’  the  streets. 

4(h  The  mayor  and  hoard  of  aldermen  shall  have  power,  by  ordinance, 
to  direct  the  manner  in  which  any  proi)erty,  real  or  i)ei-sonai , advertised 
for  sale,  or  sold  for  taxes  by  authority  "of  the  corpoi-ation,  shall  be 
naleemed . 

47.  There  shall  he  a city  re^>ist(*r,  whose  duty  it  shall  he  to  keej)  a 
record  of  all  the  otiicial  a(,*ts  of  the  mayor,  and,  when  necessary,  to  attest 
them;  he  shall  ])erform  the  duties  of  clerk  to  the  hoard  of  aldermen  when 
in  session;  he  shall  keep  a hook  or  l)ooks  wherein  shall  he  entered  all  the 
proceeding’s  of  the  l)oard;  he  shall  kee])  and  preserve  in  liis  otlice  all 
records,  public  papers,  and  doenments  helongfing^  to  the  city  ; and  he 
shall  i)ei’form  all  such  other  and  further  duties  as  the  hoard  of  aldermen 
may  enjoin  on  him. 

48.  There  shall  he  a city  constable,  who  shall  possess  within  the  city, 
in  matters  of  a criminal  liatiire,  arising-  under  the  laws  of  the  State,  the 
same  i)owers,  peiform  the  same  duties,  and  receive  the  same  coni])ensa- 
tion,  as  the  constable  of  St.  Louis  township;  he  shall  execute  and  retm-n 
all  process  issued  by  the  mayor,  any  alderman,  or  justice  of  the  ])eace. 
under  this  act  oraiyy  ordinance  of  the  city;  and  he  shall  i)erform  all  such 
other  acts  and  duties  as  shall  he  enjoined'on  him  by  ordinance. 

41).  The  city  register  and  the  city  constable  shall  each  hold  his  office  for 
the  term  of  one  year,  and  until  his  successor  shall  l)e  duly  appointed  and 
<iualilied;  hut  he  inay  sooner  l)e  removed  from  office  for  any  misdemeanor 
or  by  a vote  of  two-thirds  of  all  the  meml)ers  of  the  hoard  of  aldermen 
elected. 

50.  The  city  register  and  the  city  constable  shall  each,  hefoi*e  (mteriiig 
upon  the  discharge*  of  the  duties  of  his  office,  give  bond  to  the  mayor,  for 
the  use  of  the  city,  with  sufficient  secui’ity,  to  he  approved  of  by  the 
mayor,  conditioned  for  the  faithful  discharge  of  the  duties  of  his  office. 

51.  The  mayor,  each  alderman,  and  each  officer  of  the  corporation 
shall,  liefore  entering  ui)on  the  disclung’e  of  the  duties  of  his  office,  take 
and  subscribe  an  oath  or  affirmation  before  some  judge  or  justice  of  the 
peace,  that  he  will  support  the  Constitution  of  the  United  States  and  of 
this  State,  and  faithfnlly  demean  himself  in  office. 

52.  A general  election  for  all  officers  of  the  corporation  required  to  b(* 
elected  by  this  act,  or  by  any  ordinance  of  the  city,  shall  be  lield  on  tlu* 
lirst  Monday  of  Ajail  in  each  year. 

53.  At  all  elections  for  city  otliccu’s  the  voters  shall  vote  by  ballot. 

54.  All  free  white  male  persons  of  the  age  of  twenty-one  y(airs,  who 
shall  have  resided  within  the  city  for  twelve  months  lU'xt  jn-eceding  the 
election,  and  Avho  shall  have  paid  a city  tax,  and  all  free  whit(‘  male 
inhabitants  of  this  State,  of  the  age  of  twenty-one  3'ears,  who  shall  own 
any  real  estate  within  the  city 5 and  who  shall  have  paid  a city  tax 
thtu-efor,  shall  be  entitled  to  vote  at  all  elections  for  city  officei’S. 

55.  Persons  disqualitied  to  vote  at  general  elections  shall  not  vote  at 
city  elections. 

od.  That  the  inhabitants  of  the  city  of  St.  I.ouis  an'  hereby  exempted 
from  working  on  aii}-  road  or  roads  beyond  the  limits  of  the  ('ity,  and 
from  itaying  any  tax  to  ])rocnre  laborers  "to  work  ui)on  the  saim*. 

57.  That  the  net  amount  of  moneys  accruing  from  the  licensing  of 
billiard  tables  and  ferries,  and  all  tines"  and  forfeitun'S  accruing  for  viola- 
tions of  oi’dinances  concerning  ferries,  billiard  tables,  and  the  ])reven- 
tion  or  suppressing  of  gaming,  shall  be  ap])ropriated  and  a])pll(‘d  to  the 
sni)i)ort  of  such  hospital  as  now  is  or  may  hereafh'r  he  established  in  oi- 
near  the  city,  in  such  manner  as  the  mayor  and  board  of  ahk'rmen  may, 
from  time  to  lime,  dirc'ct. 

58.  That  th(‘ board  of  ald(‘i-ni(‘n  shall  cause  to  he  ])ublish('d,  annually, 
in  some  newsi)aper  priided  in  th('  city,  a full  and  comph'te  statenu'id  of 
all  moneys  r(*ceivedand  exi)ended  by  tlu*  cori)oration  din-ing  the  i)rec(‘ding 
year,  and  on  what  account  r(;ceiv(.'d  and  exp(*nded. 

50.  That  whciK'ver  any  tract  of  land,  adjoining  tiie  city  of  St.  Louis, 
shall  be  laid  olF  as  a town  into  streets  ami  lots,  and  a petition  shall  In* 


CUMVl'VAli^  OF  TFIE  CITY  OF  ST.  LOUIS. 


51 


pn'S(Mil(‘(I  to  tli(‘  board  ol‘  aldcM-inoii  of  tbc;  city,  by  the  owners  of  the 
greater  parts  of  siieh  traet  of  huid,  pi‘ayin<»’  that  th(‘  same  may  be  annexed 
to,  and  foian  a i)art  of,  tlu^  city,  th(‘  l)oard  of  aldeianen  shall  cause  polls 
to  !)('  oixmhmI  at  the  next  ^cmei'al  (dection  for  city  otlicers,  and  recpiire  the 
voters,  at  the  time  of  voting  for  city  otlicers,  to  vote  by  ballot  tor  or 
a.ii'ainst  tlu'  admission  into  the  city  of  the  tract  of  land  ])rayed  to  be 
annexed  thereto;  and  if  a majority  of  all  those  who  vote  at  such  election 
shall  be  in  favor  of  such  admission,  such  tract  of  land  shall  thenceforth 
be(*ome  i)art  and  i)arcel  of  the  city,  to  all  intents  and  purposes;  and  the 
board  of  aldermen  shall  cause  the  fact  of  such  admission  to  be  entered  of 
record  on  the  minutes  of  their  proceedings. 

(JO.  That  all  property,  real  and  personal,  lieretofore  belonging  to  the 
iidiabitants  of  the  town  of  8t.  Louis,  or  the  trustees  thereof,  in  their 
coi-porat(‘  cai)aeity.  shall  be,  and  the  same  is  declared  to  be,  vested  in  the 
• ‘Mayor,  Aldern'ien  and  citizens  of  the  City  of  St.  Louis.  ’ ’ 

01. '  That  all  actions,  tines,  ])enalties  and  forfeitures,  which  have  accrued 
to  the  inhabitants  of  the  town  of  St.  Lonis,  or  the  trustees  thereof,  in 
theii- corpoi-ate  capacity,  shall  be  vested  in,  and  prosecuted  for,  by  the 
“Ma\a)i‘,  Aldermen,  and  citizens  of  the  City  of  St.  I^ouis.” 

02.  That  this  charter  shall  not  invalidate  any  act  done  by  the  “Mayor, 
Aldermen,  and  citizens  of  the  City  of  St.  Louis,”  nor  divest  them  of  any 
right  which  may  have  accrued  to  them  prior  to  the  passage  of  this  act. 

OIL  That  the  Ueneral  Assembly  may,  at  any  time,  alter,  amend  or 
repeal  this  charter. 

04.  That  this  act  shall  be  deemed  and  taken  as  a public  statute,  and  may 
be  read  and  used  in  all  courts  and  places,  as  other  public  laws  are,  with- 
out proof. 

Oo.  That  all  acts  or  parts  of  acts,  coming  within  the  purview  of  this 
charter,  or  contrary  to,  or  inconsistent  witli,  its  provisions,  are  hereby 
i*epealed. 

Approved,  Febiaiary  20,  1835. 


AN  ACT 

TO  AUTHORIZE  TILE  SALE  OF  THE  ST.  LOUIS  COMMONS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

1.  Tliat  at  the  next  general  election  for  the  ma3U)r  and  aldermen,  in 
the  cit,v  of  St.  Isolds,  a separate  jloII  shall  be  opened'  to  determine  whether 
the  pro})i-ietoys  of  the  commons  of  St.  Louis  consent  to  tlu!  sahi  of  the 
.<ame  or  not,  and  each  free  whib^  owma-  of  a lot,  or  any  i)art  thereof, 
within  the  limits  of  the  IbrnKu-  town  of  St.  Louis,  as  it  was  limib'd  on  the 
13th  day  of  dune,  1812,  of  twenty-om*  years  of  age,  and  not  dis(iualitied 
to  vot(i  at  genei'al  (dections,  and  the  guardians  of  such  owmuvs  Jis  may  be 
under  that  age,  shall  be  entitled  to  vote  upon  that  (piestion,  and  each 
vot(‘r  shall  stab*  which  of  the  following  modes  of  disi)osing  of  the  pi'o- 
ceeds  of  the  saki  commons  he  i)refers: 

First — The  one-tenth  shall  go  to  the  board  of  [)resident  and  directors  of 
the  St.  Louis  public  .'^cbools,  to  be  api)lied  by  tbem  for  the  support  ol 
public  schools  in  said  cit}^;  the  balance  to  Ix^  paid  into  the  city  treasury, 
to  be  applied  to  city  puri)os(‘s. 

ASerrw/i'^The  oiie-fourtli  shall  go  to  the  board  of  in-esident  and  directors 
of  the  St.  Louis  imblic  scdiools,  to  be  ai)i)lied  by  th(*m  to  the  su[)port  of 
public  schools  in  said  city;  tlu*  balance  to  be  paid  into  the  city  treasury, 
to  b(^  ai)i)lied  to  city  ])urpo.ses. 

Thk'd — d'lu*  one-half  to  go  to  tin;  boai’d  of  president  and  directors  of  the 
St.  Louis  public  schools,  to  be  ai)plied  by  them  for  the  support  of  i)ublic 
schools  in  said  ciyv ; tluAialance  to  be  p:dd  into  the  city  tn'asury,  to  be 
a])plied  to  cit}"  purposes;  and  the  majority  of  votes  given  for  either  of 
the  said  modes  shall  decide,  and  the  proceeds  thereof  shall  be  applied 
accordingly^  and  in  no  other  manner. 


52 


CHARTERS  OF  THE  CITY  OF  ST.  I.OriS. 


2.  Tliut  if  a majority  of  suoli  owikm-s  sliall  coi),^(*jit  to  th«‘  sale  of  tli<> 
commons,  tlicn  the  mayor  and  boai-d  of  aldermen  of  tli(>  city  of  St.  Loni' 
are  here])y  anthoi-ized  to  sell  the  commons  helon/^'ino’  to  tlu'  ndiahitants  ot 
the  city  of  St.  JjOiiis,  in  the  manner  and  upon  the  conditions  iKMvinafter 
ex])r(‘ssed . 

it.  That  the  hoard  aforesaid  shall  cause  the  said  connnons  to  he  surveyed 
and  laid  olf  into  lots,  not  smaller  than  one  acre,  nor  lai\<i-(‘r  than  forty 
acres,  and  at  the  time  of  the  survey  shall  lay  out  in  said  eonmions  such 
roads,  lanes,  streets,  or  alleys  as  they  may  deem  necessary;  and  all  i-oads. 
lanes,  streets,  or  alleys  so  laid  otit  are  hereby  decdaied  to*  he  i-eservod  for 
public  use.  The  mayor  and  hoard  aforesaid  shall  eausi^  a plat  of  said 
survey  to  be  made  oiit  and  recorded  in  the  olliee  of  the  reeoi-di'r  of  St. 
Louis'  county. 

4.  That  the  said  board  shall  cause  the  lots  so  laid  out.  or  such  jiortion 
of  them  as  they  may  think  pro])er,  to  he  sold  at  public  auction  to  tin* 
highest  bidder. 

5.  That  upon  any  sale  so  made  the  ]mrchaser  shall  not  pay  the  amount 
which  he  has  bid  for  any  lot,  but  shall  jiay  on  the  purchase  money  an 
interest  of  live  per  cent,  a year,  as  a yearly  rent. 

0.  That  at  the  end  of  fifty  years  from  tin*  day  of  such  sale,  and  every 
fifty  years  thereafter,  then  each  lot  sold  as  aforesaid  shall  he  assi'ssed  by 
the  public  assessor,  and  the  purchaser  shall  then  pay,  as  a yeai  ly  rent, 
live  per  cent,  a year  upon  the  value  of  the  lot  as  aforesaid. 

7.  That,  should  the  interest  thus  reserved  remain  unpaid  foi-  six  months 
after  the  same  shall  liave  become  due,  the  said  board  may,  by  resolution, 
to  be  entered  of  record  on  the  minutes  of  their  proceedings,  annul  the 
sale  of  the  lot  on  which  such  interest  shall  have  become  due.  and  may 
again  dispose  of  the  same  in  the  manner  and  under  the  conditions  pi-e- 
scribed by  this  act. 

8.  That  at  the  expiration  of  ten  }-ears  from  the  day  of  salt'  of  any  lot. 
or  at  any  time  after  the  expiration  of  ten  years  froin  the  day  of  s'ale  of 
any  lot,  if  the  annual  rent  due  thereon  shall  have  ])e('n  fully  paid,  the 
purchaser  shall  be  entitled  to  receive  a deed  in  fe<*  simph'  for  said  lot. 
with  special  w^irranty  only  against  the  claim  of  the  inhaliitants  of  the  city 
of  8t.  Louis,  and  all  persons  claiming  undei-  them,  upon  his  ])aying  the 
amount  which  he  has  bid  for  said  lot  at  the  time  of  sale. 

9.  That  upon  all  sales  made  as  aforesaid,  it  shall  be  the  duly  of  tin* 
said  mayor  and  board  to  execute  and  deliver  to  each  ])urchas(‘r  a de(‘d  for- 
the  lot  purchased,  which  deed  shall  be  executed  in  du]»licat(^  in  the 
manner  in  which  deeds  are  usually  executed  fry  said  mayor  and  hoard, 
shall  be  signed  and  acknowledged  by  the  purchaser,  ami  shall  contain  all 
the  conditions  of  sale  specitied  in  this  act,  and  such  otluo-  irrovisions  as 
the  said  mayor  and  board  may  establish  to  secure  the  jrayim'iit  and 
collection  of  the  annual  intenrst  to  be  resei'ved  as  afoi-csaid. 

10.  That  if  the  purchaser  of  any  lot  shall  neglect  or-  refust'  to  execute 
the  duplicate  deed,  as  requii-ed  by  tlnr  ])receding’  section,  the  boar-d  of 
aldei-men  may  again  sell  such  lot  under-  the  conditions  and  pi-ovisions  of 
thisa(‘t;  and' if  it  shall  then  not  sell  for  as  much  as  was  bid  th('t-(‘for  at 
the  jn-evious  sale,  the  said  boai-d  may  i-ecover  the  ditlm'uce  with  costs, 
by  action  of  debt,  before  any  justice  of  the  ]K'a(;e  of  the  township  in  which 
the  defendant  may  reside,  in  the  name  of  the  mayor,  aldermen  and  citizens 
of  the  city  of  8t.  Louis,  against  the  ])erson  neglecting  or-  rc'fusing  as 
aforesaid. 

11.  That  th(!  mayor  and  board  of  aldermen  ai-e  em]>ow('red  to  lix  the 
time  and  place  at  which  sales  shall  Ik;  made  under  tlnr  ri'ciuii-c'mr'uts  ot 
this  act,  to  deline  the  time  and  manner  in  wdiicli  the  annual  inter(‘sl  to  he 
jraid  the  ])urehasers  of  lots  shall  lx;  eolleeh'd,  by  what  ollicei-  it  shall  he 
collected,  and  the  compensation  that  lu'  shall  receivr^  tor  his  s(‘i-vi(H's  in 
collecting. 

12.  That  before  any  sale  shall  brr  made  umh'r  Ihi"  act,  it.  shall  her  the 
duty  of  the  said  boar<(  to  cause  a noli(*e  of  the  time,  jrhn  n and  tr'rms  of  tlic 
sale  to  l)(*  imblishcd  at  least  four  weeks  sinrcessively , jri-ior  to  tin' day  of 
sale,  in  all  the  newspafrers  ])ublished  in  tin;  city  of  8t.  Inniis. 

111.  That  the  mayor  and  board  of  aldermen  a'foi-esaid  anr  ('inpowen'd  to 


(’iiAirri:Ks  of  'riiF  city  of  st.  louis. 


53 


s(‘ttl(‘ Of  coiuproinlso.  on  the  most  :i(lv:mt!i<^(H)ns  t<‘rms,  with  ;ill  i)orson.s 
h:ivin_n'  clMims  wilhin  common,  conllictinj4-  with  lh(^  chiim  of  the 
inli:ihil:m(s  of  lh(>  city  of  St.  Louis.  'I’lnMniiyor  iind  hoard  of  ahh'fmen 
arc  li(M-cl)y  ('mj)ow('rcd  to  ^-rant  in  fee  simple,  witliont  any  waia-anty,  to 
the  comity  ot  St . Louis,  out  of  said  common,  a tract  of  land  not  exce(Mlin<j^ 
in  (piantity  one  hundred  acres,  to  be  used  by  tlu;  comity  court  of  said 
county  for'  tlu;  (‘stablislnnent  of  a ])oor-lionse  imder  the  provisions  of  an 
act  (Mititled  “An  act  to  jirovide  for  the  erection  of  a lionse  for  the 
iMiiploynKMit  and  sniiiioi’t  of  the  ])oor  in  the  comity  of  St.  Louis,” 
ajiiirovi'd  dannar}'  the  tirst,  eig’hteen  hnndred  and  twenty-seven. 

14.  That  the  said  mayor  and  lioard  are  hereby  authorized  to  perform 
all  snch  other  acts  as  'may  be  necessary  to  carry  into  fnll  etfect  the 
pi-ovisions  of  this  act.  accordino-  to  the  ti  ne  intent  and  meaning  thereof. 

15.  'riiis  ac4  shall  be  deemed  and  taken  as  a public  statute,  and  may  be 
read  and  used  in  all  courts  and  places,  as  other  public  laws  are.  without 
1 iroof . 

Apjirovi'd,  March  IS.  18;15. 


AN  ACT 

SUPPLE.MKNTARY  AND  AMENDATORY  TO  AN  ACT  ENTITLED  “AN  ACT  TO 
AUTHORIZE  THE  SALE  OE  THE  ST.  LOUIS  COMMONS.” 

lie  it  enacted  hy  the  General  Assembly  of  the  State  of  Missouri,  as  follows  : 

1.  That  all  persons,  their  heirs  and  assig’iis,  who  became  pnrcha.sers  of 
the  St.  Louis  commons  heretofore  sold,  in  pniNnance  of  an  act  of  the 
(lencnil  Assembly,  approved  Mnrch  18th,  eighteen  hnndi’ed  and  thirty- 
live,  be,  and  they  are  hereby  authorized,  at  any  time,  at  tludr  own  elec- 
tion. to  ]);iy  to 'th(i  constituted  authorities  of  the  city  of  St.  Louis  the 
iimonnt  of  their  original  purchase  money,  which  they  may  have  bid  at 
the  sail'  of  said  <*omnions,  to^etlua-  with  the  inb'rest  uji  to  the  date  of 
paynumt.  and  receive  a deed,  as  fully  as  if  the  tinu'  had  ('xpired  foi-  the 
reci'ipt  of  the  same,  under  the  act  to  which  this  is  suiiplemeiitaiy  and 
aiiKMidatory . 

2.  That  the  mayor  and  lioard  of  aldermen  are  hei-ehy  authorized  and 
empowi'red,  upon  the  tender  of  any  ])nrchaser,  his  heirs  or  assi“-ns,  of 
the  amonnt  of  purithase  money  as  above  sp('cili(Ml,  for  any  lot  or  lots 
heretofori*  sold  out  of  the  St.  Louis  commons,  to  reci'ive  tlie  same,  and 
I'xecaib*  a diaal  oi*  deeds  to  said  pnivliasi'r.  as  fully  as  if  the  time  si)(a'ili(*d 
in  the  act  to  which  this  is  su])i)leni(‘ntaiy  and  amendatory  had  expired, 
and  \\  ith  llu*  like  warranty  and  covenants. 

'Lhis  act  to  take  ctfeiM  and  be  in  force  from  and  alter  the  passag’o 
th(!r(‘of.  ” 

A})prov(*d,  January  18,  18J7. 


AN  ACT 

TO  INCORPORATE  THE  CITY  OE  ST.  LOUIS. 

AirricLE  1. 

Of  lioundurics  and.  General  Poieers. 

Jie  it  enacied  by  the  General  Assembly  (f  the  State  of  Missouri,  as  follows  : 

1.  ddiat  all  that  district  of  ciinutry  in  the  comity  of  St.  Louis,  con- 
tained within  th(‘  following’  limits,  to-wit:  Ihyinnin;!!;’  at  a point  in  the 
middh'  of  the  main  channel  of  the  Mississippi  riv(‘r,  due  east  of  the 
month  of  “Mill  cna'k,”  so  called;  thiMici'  due  west  to  the  month  of  said 
ca-eek;  themee  nji  llu*  ceRh'r  of  the  main  channel  of  .said  creek,  to  a point 


54 


CII ALTERS  OF  THE  CITY  OF  ST.  LOUIS. 


whore  the  southeni  side  of  llutgers  strec't,  ])ro(liieed,  shnll  intersect  the 
same;  tlieiiee  westwardly,  alon^-  tiie  soutlieni  side  of  said  street,  to  tin* 
intersection  of  the  same'  witli  the  west(*rn  line  of  Seventh  strec't,  ])ro- 
duced;  thence  northwardly,  alon^  the  wesh'rn  line  of  Seventh  street,  to 
the  northern  line  of  Biddle  street;  thence  eastwardly,  with  the  north(*,rn 
line  of  Jtiddle  street,  to  the  western  line  of  Broad waj";  thence  north- 
wardly, with  the  western  line  of  Broadway,  to  a point  where  tin*  south- 
ern boundary  of  survey  number  six  hundred  and  seventy-one,  in-oduced. 
shall  intersect  the  same;  thence  eastwardly,  alon<*-  the  south(‘]-n  boundary 
of  said  survey,  to  the  INfississipin  river;  thence  due  east  to  the  middh*  of 
the  main  channel  of  the  Mississippi  i-iver;  thence  down  with  the  middle 
of  the  main  channel  of  said  river  to  the  place  of  l)e,i''inning,  is  hereby 
erected  into  a city,  to  be  called  ‘ ‘The  City  of  St.  Louis.  ” 

2.  ddiat  the  city  shall  be  divided  into'four  wards,  the  ])oundaries  of 
which  shall  be  those  now  tixed  by  the  ordinances  of  the  city  of  St.  Louis, 
but  such  boundari(*s  may  be  changed,  and  additiomd  wal-ds  erect(*d,  as 
hereinafter  provided. 

8.  That  whenever  any  tract  of  land  adjoining'  the  city  of  St.  Loui> 
shall  have  been  laid  off  as  a town,  or  as  an' addition  to  or 'suburb  of  said 
city,  and  a petition  shall  be  presented  to  the  mayor  and  city  council,  by 
the  owners  of  Ihe  gfreater  part  of  such  tract  of  land,  praying-  that  tin* 
same  may  be  annexed  to,  and  form  a part  of,  the  city  of  St.  Louis,  tin* 
mayor  and  city  council  shall  cause  polls  ta])e  oi)ene(rat  the  next  general 
election  for  city  otiicers,  and  require  the  voters,  at  the  time  of  voting  for 
city  otticei'S,  to  vote  for  or  against  the  admission  into  tlu;  city  of  tlu*  tract 
of  land  prayed  to  be  annexed  thereto;  and  if  a majority  of  ail  those*  who 
voted  at  such  election  shall  be  in  favor  of  such  admission,  such  tract  of 
land  shall  thencetVerth  become  part  and  parcel  of  the  (*ity,  to  all  int(*nts 
and  purposes,  and  the  mayor  and  city  council  shall  cause  the  fact  of  such 
admission  to  be  certitied  under  the  seal  of  the  city,  and  the  certiticate* 
thereof  to  be  tiled  in  the  r(*gister‘’s  office. 

4.  That  the  iidiabitants  e)f  said  city  shall  be  and  remain  a body  politic 
and  corporate  by  the  name  and  style  of  '■  ‘The  City  of  iSt.  Louis,  ’ ’ and  by 
that  name  they  and  their  successors  shall  be  known  in  law,  and  shail 
have  i^ower — 

First — To  make  and  use  a common  seal. 

Second — To  sue  and  be  sued,  implead  and  l)e  impleaded,  defend  and  lx* 
defended,  in  all  courts  of  law  and  ecpiity,  and  in  all  actions  whatever. 

Third — To  purchase,  receive  and  hold  property,  real  and  p(*rs()naL 
within  said  city. 

Fourth — To  purchase,  rec<*ive  and  hold  pro[)(*rty,  real  and  ])ersonal, 
beyond  the  city,  for  burial  grounds,  for  the  erc'ction  and  use  of  water- 
works, hospiffils,  alms  houses,  and  workhouse,  or  for  public  grounds  for 
the  use  of  the  inhabitants  of  the  city. 

Fifth — To  sell,  lease,  convey  or  dispose  of  property,  real  and  personal, 
for  the  l)enefft  of  the  city. 

Sixth — To  improve  and  protect  such  pi'operty,  and  to  do  all  otlu'r  things 
iu  relation  thereto,  as  natural  persons. 

ARTICLE  II. 

Of  the  City  Council. 

1.  That  there  shall  be  a city  council,  to  consist  of  a board  of  aldermen 
and  a board  of  delegates. 

2.  That  the  board  of  delegates  shall  be  composed  of  three  nu'mbers  for 
each  wai'd,  to  be  chosen  by  the  (pialitied  voters  of  the  several  wards  for 
on(*  yeai'. 

8. 'That  the  boai'd  of  aldermen  shall  consist  of  two  members  for  (*ach 
wai'd,  to  be  chosen  by  the  (pialitied  vot('rs  for  tw()  years. 

4.  That  no  iierson  shall  be  an  alderman  or  deh'gab*  unl(*ss,  at  the  tinn* 
of  his  election,  he  be  a citizen  of  the  United  iStates,  a r(‘sidcnt  in  the*  ward 
for  which  he  is  chosen,  a bonu  fide  owiu*!'  in  fee  of  a,  lot  or  a part  of  a,  lot 
of  ground  within  the  city , containing  not  l(*ss  than  two  thousand  sijuan* 


( lIAirrEKS  OF  TIIF  (MTV  OF  ST.  r.OlUS. 


5') 


, iiiid  shiill  IxH'ii  nil  iiilinbilniit  of  llio  city  for  two  yc'iirs  ii(*xt, 

piH'cc'diii^'  Ids  (‘h'clioii,  niid  otli(‘r\vist^  ([ualiliod. 

“).  'IMint  no  ixM-soii  shall  Ix'  an  ahU'nnan  unless  Ik*  sliall  have  altained 
tlu*  a,ii‘(*  of  tliirly  years,  nor  a dele^alc^  unless  he  shall  have  arrived  at  the 
a^UH*  (>f  twenty-live  years. 

().  Mdiat  if  any  alderinan  or  delegate  shall,  after  his  (“leetion,  r(*niove 
from  tin*  'ward  for  which  he  is  eliosen,  or  cease  to  ]K)ss('ss  the  (inalilie.a- 
lion  of  property  reiptired  hy  this  act,  his  olliee  shall  thereby  lx*  vacated. 

7.  'riiat  iininediately  after  the  hoard  of  ald(*rnien  shall  lx*  asseinhh'd. 
in  eonseijiienee  of  the  lirst  election,  the  ald(‘rin(*n  shall  he  divided  into 
two  classes.  The  seats  of  those  of  the  lirst  class  shall  he  vacated  at  the 
(*xpiralion  of  the  lirst  y(*ar,  and  of  the  second  class  at  the  exjiiratioii  of 
the  s(*cond  y(*ar,  so  that,  one-half  may  he  chosen  every  year. 

8.  Mdiat  the  hoard  of  aldermen  shall  elect  one  of  their  mmil)er  to  he 
presid(*nt  of  the  hoard,  and  the  hoard  of  dele«’ates  shall  elect  one  of  theii’ 
niimhei-  to  Ix^  chairman  thereof. 

h.  That  each  hoard  may  api)oint  their  clerks  and  such  other  otlicers, 
servants,  and  a^'cnts,  as  they  shall,  respectively,  deem  necessary  in  the 
ti-ansaction  of  their  business. 

JO.  That  each  hoard  shall  ]j(*  the  jud^-e  of  the  elections,  I’eturns,  and 
(pialilications  of  its  own  members,  and  shall  determine  contested  elections. 

11.  That  a majority  of  (*ach  hoard  shall  constitute  a (piorum  to  do 
husiness.  hut  a smaller  number  may  adjourn  from  day  today,  and  may 
eomi)el  the  attendance  of  absent  memhers  in  such  manner  and  under  such 
penalties  as  each  hoard  may  prescribe. 

12.  That  each  hoard  may  determine  the  rides  of  its  pVoc(*eding-s,  i)unish 
its  memhers  for  disorderly  behavior,  and,  with  tin*  coneurrence  of  two- 
thirds  of  all  the  memhers  elected,  expel  a niemher,  hut  not  a second  time 
for  the  same  otfense. 

18.  That  each  hoard  shall  keep  a joui'iial  of  its  ])i-oce('din<>’s,  and  from 
time  to  time  publish  the  sanu*,  and  tlu*  yi'us  and  nays  of  tlu*  m(*mhei‘s  on 
any  question  shall,  at  tlu;  desire  of  one-fourth  of  those  })r(*sent,  he  ent(*reil 
on  the  journal. 

14.  M'liat  ]u*ither  hoard,  during’  the  session  of  the  city  council,  shall, 
without  the  consent  of  the  other,  adjourn  for  a,  lon^'ci-  p<*riod  than 
two  days. 

15.  That  no  aldeianan  oi- dele^’ate  shall,  during-  the  time  for  which  he 
was  elected,  he  aiipointed  to  any  olliee  und(*r  the  authority  of  the  city, 
which  shall  have  been  created,  or  the  emoluments  of  which  shall  have 
been  increased,  during-  such  tinu*. 

It).  That  no  [lei-son  holding-  any  otlice  under  the  authority  of  tlu;  United 
States  or  the  State*  of  Missouri,  shall  he  an  aldi'rnian  or  d('l(*pite. 

17. _  That  all  vacancies  that  shall  occm*  in  either  hoard  shall  lx*  tilled  hy 
(*lection  in  such  manner  as  shall  he  provid(*d  by  ordinance'. 

18.  That  e'ach  alelerman  and  elele‘;»’ate!  shall,  before  e*nte*rln^‘  e)n  the 
elise-hai-o-e*  e)f  the  eluties  e)f  his  eetlie-e*,  take*  an  e)ath  that  he*  will  support  the 
e;onstitution  of  the*  Unite'd  State's  and  of  this  State;  that  he*  jeosse'sse's  in 
^exul  faith  the*  (pialitie-ations  eef  a^’e,  e*itize*nship,  re'sieleiu'e  aiul  preejie'ify 
reepiire'd  by  this  aett,  aiul  that  he  will  faithfully  eleme*an  hinise*lf  in  eilliee;. 

10.  AVheneve‘1- the*i-e*- shall  he*  a tie*  in  the  e'h'ction  e)t  alele*i-nu*n  oi- ele'le*- 
''•ate's,  the*  judo-e*s  e)f  ele*e*lions  shall  ex'rtify  the  same*,  te)  the*  mayor,  who 
shall  imnieeliateOy  the*re*n])On  issue  his  prex-laniation  stating-  snch'fact,  and 
emle'riny  a ne;w  e*lee*tie)n . 

20.  M'here!  shall  he*  fe)nr  statexl  se*ssiems  eef  the*  e*ity  e'ouncil  in  e*ve'ry  ye*ar, 
the  tinu*  anel  plaex;  eif  which  shall  he  pre;se'rihed  hy  eirdinanex;. 

Airnui.E  III. 

OJ  the  Legisilatwe  Powers  of  the  City  Couacil  and  its  Incidents. 

1.  The;  city  couiu-il  shall  have;  powe*r  within  the  city,  hy  orelinance* — 

First — 44)  lewy  anel  e*,e)lle3ef  taxe*s.  imt  e*xe;e'e*eling-  one*-half  eif  eine*  per 
cemtmn  ujee)!!  all  persons  anel  jireqie'ify  niaele;  taxable  hy  law  for  State 
puij  loses. 


56 


( ITAETERS  OF  TJTE  CITY  OF  ST.  LOUIS. 


Second — To  l)orro\v  inoiK'v  on  tlio  credit  of  the  city. 

TJiird — To  appropi'iutc'  nioi)(‘y  and  provide  for  tlie  payment  of  the  debt 
and  exi)enses  of  the  city. 

Fourth — To  make  regulations  to  i)revent  the  introduction  of  contagious 
dis('ases  into  the  city;  to  make  (piarantiiK*  laws  for  that  purpose,  and 
enforce  the  saim*  within  ten  miles  of  the  city. 

Fifth — To  establish  hos])itals  and  make  regulations  for  the  government 
thereof. 

Sixth — To  make  regulations  to  secure  the  general  health  of  the  inhabi- 
tants, and  to  ])revent  and  remove  nuisances. 

Seventh — To  provide  the  city  with  water,  and  to  erect  hydrants  and 
punii)s  in  the  streets,  for  the  convenience  of  the  inhabitants. 

Fi(jhth — To  open,  alter,  abolish,  widen,  extend,  establish,  grade,  pave, 
or  otherwise  improve  and  keep  in  rei)air,  streets,  avenues,  lanes  and  alleys. 

Ninth — I'o  establish,  erect  and  kec])  in  repair  bi’idges. 

Tenth — To  divide  the  city  into  wards,  alter  the  boundaries  thereof,  and 
erect  additional  wards,  as  the  occasion  ma}^  require. 

Rledenth — To  jn-ovide  for  lighting  the  streets  and  erecting  lamps  therein. 

Twelfth — To  establish,  support  and  regulate  night  watches  and  patrols. 

Thirteenth — To  erect  market-houses,  establish  markets,  and  market 
places,  and  provide  for  the  government  and  regulation  thereof. 

Fourteenth — To  ])rovide  for  the  erection  of  all  needful  buildings  for  the 
use  of  the  city . 

Fifteenth — IV)  provide  for  inclosing,  improving-  and  regulating  all  public 
grounds  belonging- to  the  city. 

Sixteenth — I'o  im])rove  and  preserve  the  navigation  of  the  Mississippi 
river  within  the  city. 

Seventeenth — To  erect,  rejjair  and  i-egulate  pul)]ic  wharves  and  docks;  to 
regulate  the  (u-ection  and  repair  of  i)rivate  wharves  and  the  rates  of  wharf- 
age thereat. 

Eighteenth — To  regulate  the  stationing*,  anchorage  and  mooring  of 
vessels  within  the  eity. 

Nineteenth — 1\)  license,  tax,  and  regulate,  auctioneers,  merchants, 
retailers,  grocei-s,.. taverns,  ordinai*ies,  hawkers,,  peddlers,  In-okers,  i)awii- 
brokers  and  money  ehangtn-s. 

Tiventieth—'Vo  license,  tax  and  regulate  hackney  carriages,  wagons, 
carts,  and  drays,  and  fix  the  rates  to  be  charged  for  the  carriage  of  per- 
sons, and  of  the  wagonage,  cartage  and  dray  age. 

Twenty  first — 'fo  license'  and  regulate  porters,  and  to  fix  the  rates  of 
port<?rage. 

Twenty-second— ’yii)  license,  tax  and  regulate  theatrical  and  other  exhibi- 
tions, shows  and  amusements. 

Twenty-third — To  tax,  restrain,  jirohibit  and  supiiress  ti])])ling-houses, 
dram-sliops,  gaming  and  gaming-houses^  and  bawdy  and  other  disorderly 
houses. 

Twenty-fourth — To  provide;  for  the  prevention  and  extinguishment  of 
fii-es,  and  to  organize  and  establish  tire  comiianies. 

Twenty-ffth  — Yo)  i-egulat(;,  restrain  and  prohibit  the  erection  of  wooden 
buildings' in  any  part  of  the  city. 

Twenty-sixth— Y.e*  regulate  the  cleaning  of  chimneys,  and  tix  the  fees 
tiierefoi-. 

Twenty-seventh— Ye>  regulate'  the  steirage  e)f  ounpoweler,  tar,  pitch,  resin, 
hemp,  cotton  anel  other  combustible  materials. 

Twenty-eighth — Te)  regulate  anel  oreler  pai-tition  and  parapet  walls  and 
fiartltieni  fcne*(*s. 

Twenty-xiinth — Te)  establish  stanelarel  weights  and  me'asures,  and  i-e'gulate 
the  weights  anel  measures  to  be  useel  i.n  the  city,  in  all  case;s  not  e)therwise 
j)re)viele‘el  tor  by  law. 

Thirtieth — To  ])roviele  fbi*  the  ins])e'ction  anel  me'asurlng  e)f  lumbei-,  anel 
othe-r  hnileling  materials,  anel  foi-the  measurement  of  all  kiiuls  of  nu'e-hani- 
cal  we)rk. 

'V hirty-fvrst — Te)  proviele'  feer  the'  insi)e'ctie)n  and  we'ighing  e)f  hay,  stone*- 
<'e)al,  tlie'  ine'asuring  e)f  chare'eial ,.  tire'we'oel  and  e)ther  fiu'l  to  be'  sole!  eir  useel 
Y ithin  th.e  city .. 


ClIAUTEllS  OF  'PI IF  CITY  OF  ST.  LOUIS.  57 

Tlnrfy-Hccond — To  provide  for  and  rc'o-nhite  t lu;  iM.‘;])ectioii  of  tobaeco, 
and  of  Ix'ef,  pork,  Hour,  nn'al,  and  whisky,  in  barrc'ls. 

Thirty-third — To  regulate  ins])eclion  of  butter,  lard,  and  other  pro- 

visions. 

Thirty-fourth — To  regulate  the  weight,  ([uandty  and  pi-iee  of  l)n'ad  to  be 
sold  and  used  in  the  eity. 

Thirty-fifth — To  reguiate  the  size  of  bricks  to  be  made  or  used  in  the  city. 

T hirty'-Hixth — To  provide  for  the  taking  enumerations  of  the  inhahitants 
of  the  (‘ity. 

Thirty-seventh — To  regulate  the  election  of  city  otlicers,  and  to  provide 
for  ivmoving  from  omce  any  ])erson  holding  an  olhce  created  by 
ordinance. 

Thirty-eighth — To  provide  for  the  appointment  of  all  officers,  servants 
and  agents  of  the  corporation,  not  otherwise  i)rovided  for. 

Thirty-ninth — To  lix  the  compensation  of  all  city  officers,  and  regulate 
the  fees  of  jurors,  witnesses  and  others,  for  services  rendered  under  this 
act  or  any  ordinance. 

Fortieth — To  regulate  the  police  of  the  city;  to  impose  hues,  forfeitures 
and  penalties  for  the  breach  of  any  ordinance,  and  provide  for  the  recov- 
ery and  appropriation  of  such  tines  and  forfeitures,  and  the  enforcement 
of  such  penalties. 

Forty-first — To  erect  a workhouse  and  house  of  correction,  and  provide 
for  the  regulation  and  government  thereof. 

2.  The  city  council  shall  have  the  exclusive  ])ower,  within  the  city,  by 
ordinance,  to  license,  i-egulate  and  restrain  the  keeping  of  ferries,  and  to 
license,  i-egulate,  restrain  or  suppress  billiard  tables. 

3.  The  city  council  shall  have  power  to  make  all  oi-dinances  which 
shall  be  neex'ssary  and  ])i’oi)('r  for  carrying  into  (‘xecution  the  ])owers 
specified  in  the  two  iireceding  sections,  and  all  other  ])ow(>rs  vested  by 
this  act  in  the  corporation,  the  city  government,  or  any  department  or 
officer  thereof,  so  that  such  ordinance  be  not  i-epugnant  to,  nor  incon- 
sistent with.  the  constitution  and  laws  of  the  United  States  or  this  State, 
or  any  provision  in  this  act  contained. 

4.  Fvery  bill  which  shall  have  been  jiassed  by  both  branches  of  the 
city  council,  shall,  before  it  becomes  a law,  be  presenh'd  to  the  mayor  for 
his  apiirobation.  If  he  approve,  he  shall  sign  it;  if  not,  he  shairndurn 
it  with  his  objections  to  the  board  in  which  it  originated,  which  objec- 
tions shall  be  entered  at  large  on  the  journal,  and  the  bill  be  recon- 
sidered . 

5.  If,  after  such  reconsideration,  a majority  of  all  the  memhers  elected 
to  the  board  in  which  the  bill  originatc'il  shall  agrees  to  pass  the  sanu^,  it 
shall  he  sent,  together  with  the  objections  of  tlu*  mayoi",  to  the  other 
branch  of  the  city  council,  by  whicli  it  shall,  in  like  mannei-,  Ixi  recon- 
sidei-ed;  and  if  ] Massed  by  a majority  of  all  the  mcmbci-s  eh'cted  to  that 
branch,  it  shall  heconn*  a law. 

().  In  all  such  cases  the  votes  of  both  hranches  shall  lx*  taken  by  yeas 
and  nays,  and  enter(*d  on  the  journals  of  (‘ach  hran(;h,  r(‘spe(4iv(*l>^ 

7.  If  any  bill  shall  not  be  returned  by  the  mayor  within  live  days, 
(ex('ei)ting'  Sundays.)  after  it  shall  have,  lx‘en  pres(‘nted  to  him  for  his 
ap])robation,  tlx; ‘same  shall  become  a law,  in  the  same  mamun*  as  it  he 
had  ai)provcd  and  sigix'd  it, 

8.  Every  r('solution  to  which  the  concurrence  of  both  hranches  of  the 
city  council  shall  be  neces‘>;ary,  ((*xc(*pt  in  cases  of  adjourunu'iit, ) shall  be 
j)resentcd  to  the  mayor,  and,  before  tlu^  sanu^  shall  take*  elfect,  shall  he 
proceeded  upon  in  the  same  manner  as  in  case  of  a bill. 

9.  'flu*  styh*  of  the  ordinanc('S  of  the  c/ity  shall  h(i,  ‘‘Be  it  ordained  by 
the  city  council  of  the  city  of  St.  Louis.  ’ ’ 

10.  All  oi-dinaiices  ])assed  by  tlu*,  city  council  shall,  within  one  month 
after  they  have  been  passed,  be  publishetl  in  some  news])a])ei-  published 
in  the  city. 

11.  All  ordinances  of  the  city  may  be  pi-oven  by  the  s(‘al  of  the  corpora- 
tion, and  when])rintcd  and  published  in  book  form,  and  j)urporling  to  be 
so  pi-intcd  and  i)ublish(!d  by  authority  of  th(!  corporation,  the  same  shall 
be  received  in  evidence  in  all  courts  and  places,  without  further  proof. 


58 


CIIAirrEKS  OF  THE  CITY  OF  S^J\  LOUIS. 


ARTICLE  IV. 

Of  Executive  and  Manici'pal  Officers. 

1.  The  chief  excicutive  officer  of  the  city  sliall  ])e  the  mayor,  Miio  sliall 
l)e  elected  b,y  tlie  qualified  voters  of  the  city,  and  who'  shall  liold  his 
office  for  the  term  of  one  year,  and  until  his  successor  is  duly  elected 
and  (jnalitied. 

2.  Tlie  mayor  shall  he  at  least  tliirty  years  of  age,  a citizen  of  th(i 
United  States,  a resident  of  the  city  for  at  least  four  years  next  preceding 
his  election,  and  sliall  he  the  bona  fide  owner  in  fee  of  a lot  or  i)art  of  a 
lot  of  ground  within  the  city,  containing  not  less  than  two  thonsand 
square  feet. 

3.  Yo  person  shall  he  mayoi-,  who,  at  tin*,  time  of  his  election,  shall 
hold  any  office  under  the  authority  of  the  United  States,  or  of  this  State. 

4.  If  the  mayor,  during  his  continuance  in  offic(‘,  shall  receive  any 
office  under  the  authority  of  the  United  States,  or  of  this  State,  or  shail 
cease  to  own  a freehold,  as  i)rovided  in  the  second  section  of  this  article, 
his  offi(‘e  of  mayor  shall  therehy  immediately  hecome  vacatc'd. 

5.  When  two  or  more  persons  shall  have  an  equal  nnmher  of  votes  for 
the  office  of  mayor,  the  two  hranches  of  the  city  council  shall  decide  tin* 
elect ioi  i 1 ly  j oin't  vote . 

().  Whenever  any  election  for  mayor  shall  he  contested,  the  two 
hranches  of  the  city  council  shall  dehn-inine  the  same  hy  joint  vote. 

7.  Whenever  any  vacancy  shall  happen  in  tlie  office  of  mayor,  it  shall 
he  filled  liy  election,  in  siicli  manner  as  shall  he  provided  hy  ordinance. 

8.  The  mayor  may  he  removed  from  office  for  any  misdemeanor  in 
office,  hy  a joint  vote  of  hoth  hranches  of  the  city  council. 

9.  The  n'layor  shall  have  powei-  to  nominate,  and,  hy  and  Avith  the 
concurrence  of  the  hoard  of  aldermen,  to  apiioint  all  city  officers  not 
ordei-ed  hy  law  or  ordinance  to  lie  otherAvise  appointed;  he  shall  tak('  care 
that  the  laws  of  the  State  and  the  ordinances  of  the  city  are  duly  enforcc'd, 
respected  and  ohsejwed  Avithin  the  city;  he  may  remit  lines,"  forfeitures 
ami  penalties,  accruing  from,  or  imposed  for,  the  violation  of  any 
ordinance  of  tlie  city;  he  may  till  all  Aacancies  which  may  ocimr  in  any 
office  other  than  that  of  alderman  or  delegate,  until  the  end  of  the  session 
of  the  hoard  of  aldermen  Avhich  shall  next  happen  after  the  vacancy  shall 
liaA'e  occurred;  he  shall,  from  time  to  time,  give  to  the  city  council 
inforniation  relatiA^e  to  the  state  of  the  city,  and  shall  recommend  to  their 
consideration  such  measures  as  he  shall  deem  expedient  for  the  adA  antage 
of  the  city. 

10.  Tl'ie  mayor  may  call  special  sessions  of  the  city  council,  Iia'  procla- 
mation. 

11 . WhencAXU-  a special  session  of  the  city  council  shall  Iuiax  heen  called 
hy  the  mayor,  he  shall  state  to  them,  Avhen  assemhled,  the  cause  for 
Avhich  they  have  heen  convened. 

12.  Whenever  the  mayor  shall  absent  himself  from  the  city,  or  a 
vacancy  shall  hapiien  in  'the  office  of  mayor,  the  ]u-esident  of  tlii'  hoard 
of  aldermen  shall,  for  the  time  being,  exercise  the  duties  and  reci'ive  the 
like  compensation  of  mayor,  or  until  sucli  vacancy  he  tilled,  or  the  mayor 
retui-n. 

13.  There  shall  he  a city  i-egistcr,  Avhose  duty  it  shall  he  to  keej)  a 
record  of  all  the  otlicial  acts  of  the  mayor,  and,  Avhen  mxessary.  to  atU'st 
them;  he  slndl  keei)  and  preserve  in  ids  otlice  tlii^  seal  of  the  city,  and  all 
records,  jndjlic  jiajiers  and  documents  belonging  to  the  city;  and  he  shall 
])erform  all  such  other  and  further  dutii'S  as  may  he  preserihed  hy  oi-di- 
nance. 

14.  There  shall  he  a city  auditor,  whose  duty  it  shall  he  to  prescrlh<‘ 
the  mode  of  keejiing,  stating  and  rendering  all  city  aci'ounts;  to  ('xamiiu', 
settle  and  adjust  all  ai'counts  (unless  otherwise  pi-ovid(‘d  foi-  hy  ordlnanc(‘) 
between  the  city  and  any  person  or  body  ])oliticor  coi-poi-ati',  and  giMie- 
rally  to  pei-foi-iii  such  other  duties  as  may  he  ])resci-ihed  hy  oi-dinaniHU 

if).  There  shall  he  a city  treasurer,  whose  duty  it  shali  lie  to  i-('i*(‘iv(‘ 
and  keep  the  moneys  of  the  city,  and  to  pay  out  the  same  upon  Avari’auts 


ciiaijti:ks  of  tiif  city^  of  ST.  T.OUIS.  59 

(Iniwii  hy  <lio  luulltor;  Jind  tli(‘  city  ti-(‘asurc‘r  shall  ix'rtoi-m  such  other 
and  flirt h(‘r  duties  as  may  lx*  (Mijoiiu'd  on  him  hy  ordinaiici'. 

1(),  'riicrc  shall  he  a'  city  iuarshal,  who  shall,  within  the  city,  in 
matti'rs  of  a criminal  nature,  arising’  nndi'r  any  law  of  the  Stati',  possess 
the  same  ])ow(n-s,  ixM-form  tin*  sanu*  duties,  and  ri^ceivi*  the  same  com- 
piMisation  as  either  constahh*  of  St.  Louis  townshij);  hi'  shall  (*x(*cnt<‘ and 
return  all  ])rocess  issued  hy  the  mayor,  any  aldeinian,  or  justice  of  the 
peace,  under  this  act,  or  any  ordinaliee  of  the  city,  and  he  shall  perform 
such  ollu'r  duties  as  shall  he  enjoined  on  him  hy  ordinance. 

17.  There  shall  he  a city  (Mio-'inem-,  whose  duty  it  shall  he  to  superintend 
the  construction  of  all  ]mhlic  works  of  the  city,  to  make  out  plans  and 
estimates,  and  to  contract  for  tlu^  execution  of  the  same;  to  superintend 
and  manao-e  the  watei-works  of  the  city,  and  to  perform  all  such  survey- 
ing’ and  (Mio-ineeriug,  and  such  other  duties  as  may  lie  required  of  him  hy 
ordinance. 

18.  The  reg’ister,  auditor,  treasurer,  and  eiiglneer,  shall  he  api^oiuted 
hy  the  niayoi’,  hy  and  w ith  the  aalviee  and  consent  of  the  hoard  of  aider- 
men;  amrthe  city  marshal  shall  be  chosen  and  appointed  in  such  manner 
as  may  he  provided  l)y  ordinance. 

11).  The  I’eg’ister,  "auditor,  treasurer,  niai’shal,  and  eno-ineer,  shall, 
each,  before  entering  on  the  discharge  of  the  duties  of  his  office,  give 
bond  to  the  mayor,  for  the  use  of  the  city,  conditioned  for  the  faithful 
discharge  of  the  duties  of  his  office,  and  the  amount  of  such  bond  shall  be 
designated  b}"  the  mayor,  and  the  security  therein  shall  be  such  as  he  wall 
ap})rove. 

20.  The  mayor,  register,  auditor,  treasurer,  marshal,  and  engineer, 
and  each  officer  of  the  corporation,  before  enb'ring  upon  the  discharge  ot 
the  duties  of  his  office,  shall  take  and  subscribe  an  oath  or  affirmation, 
before  some  judge  or  justice  of  the  peace,  that  he  will  support  the  ('on- 
stitution  of  the  United’  States  and  of  this  State,  and  that  he  will  faithfully 
demean  himself  in  office. 

21.  The  register,  auditor,  treasurer,  mai’shal  and  (‘iigineer,  shall,  (‘ach, 
hold  his  office  for  the  tin-m  of  one  yiair,  and  until  bis  successor  shall  be 
duly  appointed  and  qualitied,  but  maybe  sooner  removed  from  office  for 
any  misdemeanor,  by  joint  vote  of  ))oth  branches  of  the  city  council;  and 
(wei’}"  officer  apiiointed  by  the  corporation  may  be  removed  from  office  for 
like  "cause  and  in  liki;  manner. 

22.  iiie  mayor,  and  all  other  officei’s  of  the  corporation,  shall,  during 
their  continuance  in  otliciq  I’eside  within  the  limits  of  tlu‘  city;  and  if  the 
mayor,  or  any  oliic(*r  of  the  coi’jioration , shall  cease  to  r(‘sid(!  within  tlui 
limits  of  the  city,  his  office  shall  thei’ebj^  immediately  become  vacated. 

ARTICLE  YU 


Of  Elections. 

1.  A gema-al  ehH’.tion  for  all  ollicers  of  the  corporation  reipiired  to  be 
elected  by  this  act,  or  any  ordinance  of  the  city,  sliall  be  held  on  the  lirst 
Monday  of  Ajiril  in  each  yiair. 

2.  At  all  elections  foi’  city  ollicers,  the  voters  shall  vote  by  ballot,  and 
each  voter  shall  write,  or  cause  to  be  w ritten,  his  name  on  the  ballot  by 
him  thus  given. 

il.  All  free  white  male  jicrsons,  who  have  attained  to  tin'  age  of  twenty- 
one  years,  who  have  I’esidial  within  the  city  for  twelve  months  lu^xt  ])re- 
ceding  the  election,  and  w ho  havi*  paid  a city  tax  within  a year  lu'xt  jn-e- 
ceding  siii’h  election,  shall  be  entith'd  to  vote  at  eh'ctions  for  city  office’s. 

4.  Nothing  shall  be  dienuMl  a city  tax  within  the  meaning  of  tlu'  last 
pi’i'ceding  section,  (*xcept  such  tax  as  shall  be  levied  by  ordinance,  by 
virtue  of  the  tirst  or  nineteenth  subdivisions  of  the  lii’st  section  of  th(‘ 
third  article  of  this  act. 

5.  All  free  white  male  inhabitants  of  this  State,  wbo  have  attained  the 
age  of  tw'enty-one  years,  w ho  shall  own  any  freehold  ('state  within  the 
City,  and  shall  have  ])ai(l  a tax  thereon,  shall  be  entitled  to  voh;  at  elec- 
tions for  city  otllc'ci’S. 


GO 


CllAin^EUS  OF  THE  CITY  OF  ST.  LOUIS. 


[Tlu!  v()l('rs  montioned  in  tlie  pi-eeedin^  s('(Iion  shall  ^ive  their  votes  for 
akIernuMi  and  dele^’ates  in  tin*,  ward  in  which  their  freeliold  is  situated; 
and,  if  they  own  fj-eeholds  in  ditferent  wards,  they  shall  only  be  entitled 
to  vote*  for  aldermen  and  delegates  in  one  ward  in  wdiich  they  own  a free- 
hold.] 

7.  Fersons  who  are  not  qualitied  to  vote  at  State  elections  shall  not  vote 
at  city  elections . 

ARTICLE  VI. 


Of  Proceedings  in  Special  Cases. 


1.  When  it  shall  ])e  necessary  to  take  i)rivate  property  for  opening, 
widening  or  altering  any  public  street,  lane  or  avenue,  the  corporation 
shall  make  a just  (‘ompeusation  therefor  to  tlie  person  whose  ])ro])erty 
is  so  taken,  arid  if  the  amount  of  such  comi)eiisatiou  cannot  be  agreed  on, 
the  mayor  shall  cause  the  same  to  be  ascertained  by  a jury  of  disinter- 
ested freeholders  of  the  city. 

2.  In  opening,  widening,  or  altering  alleys  through  the  blocks  or 
srpiares  of  the  city,  the  saute  proct'edings  slnill  Ite  had  as  in  the  case  of 
opening,  widening  or  altering  ])ublic  streets,  lanes  or  aventies,  with  this 
addition,  that  the  jury  shall  ascertain  the  amount  of  benetit  that  will  accrue 
to  the  person  whose  itroperly  is  taken,  or  to  those  who  may  have  peti- 
tioned for  the  ojtening,  widening  or  altering  of  such  alley. 

3.  When  the  owners  of  all  the  i)roperty  on  a street,  lane,  avenue  oi‘ 
alley  proposed  to  l)e  opened,  widened  or  altered,  shall  petition  therefor, 
the  mayor  and  city  council  may  open,  widen  or  alter  such  sti-eet,  lane, 
avenue  or  alley,  nor  shall  there  be  any  assessment  of  benetits  or  damages 
that  may  accrue  thereby  to  any  of  the  ])etitioners. 

4.  All  jurors  imi)anneled  to  impure  into  the  amount  of  benetits  or  dam- 
ages which  shall  happen  to  the  owner  of  proi>erty  j)i‘o])osed  to  be  taken, 
for  o])ening,  widening  or  altering  any  street,  lane,  avenue  or  alley,  shall 
lirst  be  sworn  to  that  effect,  and  shall  return  to  the  mayor  their  iinpiest  in 
writing,  and  signed  by  each  juror. 

5.  The  mayor  shall  have  powei*,  for  good  cause  shown,  within  ten  days 
after  any  imjiiest  shall  have  bec'ii  returned  to  him,  as  mentioned  in  the 
preceding  s(*ction,  to  set  aside,  and  cause  a new  inquest  to  be  made. 

G.  The  mayor  and  city  council  shall  have  ])Ower,  l)y  ordinance,  to  en- 
force the  payment  of  all  sums  which  a jury  sliall  declare  to  be  the  amount 
accruing  to' the  owners  of  the  ])i-operty,  ui)on  any  alley  which  shall  be 
opened,  widened,  or  alien'd,  if  the  owner  be  one  of  the  })etitioners  for 
the  oi)ening,  widening  or  altering  such  alley. 

7.  The  mayor  and  city  council  shall  have  power,  l)y  ordinance,  to  levy 
and  colk'ct  a special  tax  on  the  holders  of  the  lots  on  any  strc'c't,  lane, 
avenue  or  alley,  according  to  the. respective  fronts  owmxi  by  them,  for 
the  pur])Ose  of  paving,  grading,  or  lighting  such  street,  lane,  avenue  or 
alley. 

8.  The  mayor  and  city  council  shall  have  power,  by  ordinance,  to 
direct  the  manner  in  wliich  any  i)r()perty,  real  or  ])ers'onal,  adveiHsed 
for  sale,  or  sold  for  faxes  by  authority  of  the  coi-poration,  may  be 
redeemed. 

9.  Th('  net  amount  of  moneys  acci-uing  from  the  licensing  of  feia-ies  and 
billiard  tal)les,  and  all  fines  and  forfeitures  accruing  to  the  city  for  viola- 
tions of  ordinances  concerning  f('n-i(*s  and  Itilliard  tables,  and  the  i)reven- 
tion  or  suppression  of  gaining,  shall  be  ai)i)roi)riatcd  and  appli(!d  to  the 
siqiport  of  such  hospital  as  now  is,  or  may  hei-eafter  lie,  established  iu  or 
near  tlu*  city,  in  such  manner  as  the  ma^xir  and  city  coun(*il  may,  from 
time  to  tiincn  direct. 

10.  Th(',  city  council  shall  cause  to  be  juiblished,  annually,  a full  ami 
coinjiletc  stab'inent  of  all  moneys  rc'ceivi'd  and  exix'mk'd  by  the  (‘orpo- 
ration  during  the  preceding  year,  and  on  what  account  received  and 
expended. 


CIIAirnCRS  OF  TIIIO  CITY  OF  ST.  LOUIS. 


Ol 


AirriuLu  VII. 

Of  MisceUayicous  Provifiions. 

1.  The  Tiiayor,  alclerincii  and  del(\<>:a.te>s  shall  be  conservators  of  tin* 
peace  thron^iiont  the  city,  and  shall  hav(i  therein  all  the  powers  and 
jurisdiction  now  vested  in  justices  of  tin;  peace,  in  matters  of  a criminal 
nature,  and  shall  exercise  all  ])owers  and  perform  all  duties  which  may  be 
invested  in,  and  r(‘([uired  of  them  by  ordinance. 

2.  The  mayor  and  each  justice  of  the  peace?  within  the  city  shall  have 
jurisdiction  of  all  cases  arisino-  under  the  ordinances  ot  the  city,  sub- 
'iect,  howevc]'.  to  an  appeal,  in  all  cases,  to  the  circuit  court  of  St. 
Louis  county;  and  every  such  ai)peal  siiall  be  taken  and  granted  in  the 
same*  mannel*,  and  with  like  etfect,  as  appeals  are  taken  froin,  and  granted 
by,  justices  of  the  peace  to  the  circuit  court  under  the  general  law  of  tin* 
land. 

;L  The  inliabitants  of  the  city  of  St.  Louis  are  hereby  exempted  from 
working  on  any  mad  beyond  the  limits  of  the  city,  and  from  paying  any 
tax  to  procure  laborers  to  work  upon  the  same. 

4.  All  ordinances  and  resolutions  passed  by  the  board  of  aldermen, 
or  the  mayor  and  board  of  aldermen  of  tin*  city  ot  St.  Tn)uis,  shall 
remain  in  force  until  the  same  shall  be  repealed  by  the  corporation  hereby 
cr(*atetl . 

5.  All  suits,  actions  and  prosecutions  instituted,  commenced  or  brought, 
by  the  corporation  hereby  cr(‘ated,  shall  be  institnt{*d,  commenced  and 
j)rosecuted  in  the  name  of  ‘ ‘The  ( 'ity  of  St.  Louis.  ’ ’ 

0.  All  actions,  liin*s,  penalties  and  forfeitures,  which  have  accrued  to 
the  ‘-IMayor,  Aldei-men  and  citizens  of  St.  Louis,”  shall  be  A'esh'din, 
and  prosecuted  for,  by  the  cori)oration  lien'by  creat<*d. 

7.  All  i)roperty,  real  and  personal , heretofore  belonging  to  the  iidiabi- 
tants  of  tin?  town  of  St.  Louis,  or  the  trustees  of  saicl  town  in  their 
coi'porah;  capacity,  or  to  the  “Mayor,  Ald(,‘rm(?n  and  citizens  of  the  City 
of  St.  Louis.”  shall  be,  and  the  same  is  hereby  declared  to  be,  A'csted  in 
the  cor])orati()n  lu'reby  created. 

8.  44jis  charter  shall  not  invalidate  any  act  done  by  the  • ‘ Mayor,  Aider- 
men  and  citizens  of  the  (4ty  of  St.  liouis,”  nor  divest  them  of  any  right 
which  may  liave  accrued  to  them  i)rior  to  the  ])assage  of  this  act. 

h.  The  Ceneral  Assembly  may,  at  any  tinu?,  alter,  amend  or  re))eat 
this  charter. 

10. ^  All  acts  or  ])arts  of  acts  coming  within  tin*  purview'  of  this  char- 
ter, 'or  contrary  to,  or  inconsistent  with,  its  i)rovisions,  are  her(*by 
rei)ealcd. 

11.  The  mayor  of  the  city  of  St.  Louis  shall,  Imniediab'ly  after  the 
passage  of  this  act,  take  nuiasun's  to  ])romulgat(?  this  law  within  tin*  limits 
ot  the,  city  of  St.  Louis,  and  shall  issue  his  proclamation,  and  (‘ans(;  the 
same  to  b(?  published  in  all  the  newspapers  of  said  city,  for  four  wi;eks 
snccessiv(‘ly  i)rior  to  the  day  of  election , r(*(pfirlng  an  eU-edion  foi-  city 
oliic(*i‘s,  in  pursuance?  of  this  (?hartbr,  to  he  held  on  the  tlrst  Monday  <)f 
A])ril,  eighte(>n  hundred  and  thii-ly-nim*,  and  said  election  shall  be*  e?e)n- 
dncte*el  in  the*  same*  manner,  anel  at  the*  same?  time?  anel  plae*e*s  as  ne)W'^  are 
pre)vlele*el  foi*  by  the*  e))-elinances  e)f  said  e*ity  re*gidating  e*lections. 

12  This  ae?t  is  ele*e*lare*el  tee  be  a i)nbHe*  a(*t , and  nniy  be  reael  in  eviele?nc»* 
in  all  e?e)urts  of  law  anel  eepiity  in  this  State*,  witheeut  ])roof. 

TL  'fhis  act  shall  take  ellect  anel  be*  in  fe)re?e?  fre)m  anel  afte*r  the  tirst  elay 
of  Ai)ril,  in  the  ve'ar  e>f  enir  Loi-el  e)ne?  the)nsand  eight  hnndre?d  and  thirty- 
nine,  e*xe?e?pling^he?  ele*venth  seclie)n  e)f  this  artie?le?,  which  shall  take  effect 
and  be?  in  tbi’cc  freem  anel  after  the  passage  thei’cof. 

Ap})re)veel,  February  8,  1830. 


02 


CHAirrERS  OF  THE  CITY  OF  ST.  LOUIS. 


AN  ACT 

TO  AMEND  “ AN  ACT  TO  INCORPORATE  THE  CITY  OP  ST.  LOUIS,”  APPROVED 
FEBRUARY  8,  1839. 

AiniCLE  I. 

Of  Boimdai'ies,  General  Ponders,  and  formation  of  Wa7'ds. 

P>e  it  enacted,  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows: 

I.  Tliat  all  that  disti-iet  of  country  contained  within  the  following- 
limits,  to  wit:  Leginning  at  a point  in  the  middle  of  the  main  channel  of 
the  Mississippi  river,  due  east  to  the  southeast  corner  of  St.  (ieorge,  in 
St.  Louis  county;  thence  due  west,  to  the  west  line  of  second  Carondelet 
avenue;  thence'north,  with  the  west  liin;  of  said  avenue,  to  the  north  line 
of  (-houtean  avenue;  thence  northwardly,  in  a direct  line  to  the  month 
of  Stony  creek,  above  the  prestait  nortli  line  of  the  city  of  St.  Louis; 
thence  due  east  to  the  middle  of  the  main  channel  of  the  Mississii)pi  river; 
thence  southwardly,  with  the  middle  of  the  main  channel  of  the  Missis- 
sippi river,  to  the  jilace  of  liegiuning,  is  herehy  erected  into  a city,  by 
the  name  of  "‘The  ('ity  of  St.  Louis.” 

‘2.  That  the  inhabitants  of  tin*  city  of  St.  Louis,  as  the  same  extends 
and  is  laid  out  above,  be,  and  they  and  their  successors  forever  are,  hereby 
constituted  a corporation  and  liody  politic,  in  fact,  and  in  law,  by  the 
name  and  style  of  “The  City  of  St.  Louis,”  and  by  the  same  name  shall 
have  ])erpetual  succession,  shall  sue  and  lie  sued,"  implead  and  be  im- 
pleaded, detend  and  be  defended,  in  all  courts  of  law  and  eciuity,  and  in 
all  actions  whatsoever;  may  purchase,  receive  and  hold  propcn-ty,  real 
and  ])ersonal,  within  said  city,  and  may  sell,  lease  or  dispose  of  the  same 
for  the  benefit  of  the  city;  and  may  i)urchase,  receive  and  hold  property, 
real  and  ]»ersonal,  beyond  the  limits  of  the  city,  to  be  used  for  the 
burial  of  the  dead  of  the  city  ; also  for  the  erection  of  waha-works  to 
supply  the  city  with  water,  and  also  for  the  establishment  of  a hosiiital 
for  the  reception  of  iiersons  infected  with  contagious  diseases;  also  for  a 
poorhouse,  workhouse,  oi-  house  of  cori-ection;  and  may  sell,  lease  or 
dis])Ose  of  such  property  for  the  benetit  of  tlu^  city,  and  may  do  all  other 
acts  as  natural  persons";  they  shall  have  and  use'  one  common  seal,  and 
may  In-eak,  change,  alt(*r  and  make  a new  seal  at  pleasure. 

II.  That  the  city  shall  be  divided  into  five  \\'ards,  as  follows: 

Th(‘  First  Ward  shall  extend  from  the  southern  boundary  of  the  city,  as 
established  by  this  act,  to  the  southern  boundary  of  the  cit}%  as  established 
by  an  act  endtled  ‘‘An  act  to  ineorporate  the  city  of  St.  Louis,”  approved 
February  tlie  eighth,  A.  T).  1831). 

d’lie  Seco7id  Ward  shall  include  that  district  of  countiy  now  established 
by  ordinance  as  the  First  Mhird,  together  with  the  district  of  country  lying 
between  its  northern  and  southern  lines,  extended  to  the  western  boundary 
of  the  city. 

'i'he  Third  Ward  shall  include  that  district  of  country  now  established 
by  ordinance  as  the  Second  Ward,  together  with  the  district  of  country 
between  its  northern  and  southern  lines,  extended  to  the  western  bound- 
ary of  the  city. 

The  Fourth,  Ward  shall  include  that  district  of  country  now  established 
by  ordinance  as  the  Third  ^V'ard,  togetlier  with  the  distric't  of  country 
between  its  northern  and  southern  lines,  extended  to  the  western  lioun- 
dary  of  the  city. 

The  Fifth  Ward  shall  include  that  district  of  country  now  established  by 
ordinance  as  the  Fourth  Ward,  togethei-  with  the  district  of  country  lying 
to  the  northwest  of  the  same  within  the  limits  of  the  city. 

AirricLE  11. 

Of  the  Coniino7i  Coimcil. 

1 . That  there  shall  be  a city  council,  to  consist  of  a board  of  ahhuanen 
and  a board  of  delegates. 


CHAirriOlJS  OF  TIIF  (^ITY  OF  ST.  LOUIS. 


03 


2.  'I'lint  tlio  l)():n-(l  of  (h'looatos  shall  bo  (•()ini)()S(Ml  of  throe;  inoinlxM's  for 
(‘aoh  Avard,  to  ho  ohosoii  hy  tho  qualilu'd  votors  of  tho  sove'ral  wards  for 
0110  y(‘ar. 

IL  That  tho  lioard  of  aldornioii  shall  consist  of  two  iiieinhors  for  each 
ward,  to  ho  chos(*n  by  tho  ([ualilled  voti'rs  for  two  yoai-s. 

4.  4'hat  no  pe'rson  shall  he  an  aldornian  or  delegate  nnl(‘sshe  ho  a citizen 
of  tho  State  of  Missouri,  and  sliall  have  resided  within  tho  city  limits  one 
year  lu'xt  ])recedin«*  his  election,  and  a bona  fide  resident  of  the  ward  for 
which  he  is  (dected. 

r>.  That  if  any  alderman  or  deleo’ate  shall,  after  his  election,  remove 
from  the  ward  for  which  he  was  chosen,  his  otiice  shall  be  thereby  vacatial. 

().  That  immediately  after  the  board  of  aldermen  sliall  lie  assemliled,  in 
conseiinence  of  the  tirst  election,  the  aldennen  shall  lie  divided  into  two 
class(*s.  The  seats  of  those  of  the  tirst  class  shall  be  vacated  at  the 
(‘xpiration  of  the  tirst  year,  and  of  the  second  class  at  the  expiration  of 
the  second  year,  so  that  one-half  may  be  chosen  every  year. 

7.  That  the  lioard  of  aldermen  sliall  elect  one  of  their  nnmlier  to  be 
president  of  the  board,  and  the  board  of  delegates  shall  elect  one  of  their 
number  to  be  chairman  thereof. 

8.  That  each  board  ma}"  apjioint  their  clerks,  and  snch  other  officers 
and  servants,  and  agents,  as  they  shall,  respectively,  deem  necessary  in 
the  transaction  of  their  business. 

9.  ddiat  each  board  shall  be  the  judge  of  the  elections,  returns  and  quali- 
lications  of  its  own  members,  and  shall  determine  contested  elections. 

10.  That  a majority  of  each  lioard  shall  constitute  a (jnorum  to  do 
business,  but  a siiialler  nunilier  may  adjourn  from  day  to  da}",  and  may 
conqiel  the  attendance  of  absent  members  in  such  manner  and  under  such 
penalties  as  each  may  ])i-escribe. 

11.  That  each  board  may  determine  the  rules  of  its  jiroceedings,  ])unish 
its  members  for  disorderly  Ixdiavior,  and,  with  tlu'  concnrrence  of  two- 
thirds  of  all  the  members  elected,  expel  a member,  but  not  a second  time 
for  the  same  ollens(‘. 

^ 12.  That  each  board  shall  keep  a journal  of  its  jiroceedings,  and  from 
time  to  time  publish  the  same,  and  the  yeas  and  nays  of  the  members  on 
any  (juestion  shall,  at  the  desire  of  any  two  of  those  jiresent,  Ix'  entered 
on  the  journal. 

13.  That  neither  board,  during  the  session  of  the  city  council,  shall, 
without  the  consent  of  the  other,  adjourn  for  a longer  period  than  two 
days. 

id.  That  no  alderman  or  delegate  shall,  dui'ing  the  time  for  which  he 
was  elected,  be  aiijxiinted  to  any  nllice  under  the  city. 

15.  That  all  vacancies  that  sliall  occur,  in  (dther  board,  shall  be  tilled 
by  election,  in  snch  inanmu-  as  shall  be  jirovided  liy  ordinance. 

10.  That  each  aldei-maii  and  deh'gab;  shall,  before  entering  on  the 
duties  of  his  otiice,  take  an  oath  that  lu;  will  snjijiort  the  (“onstitution  of 
the  United  States  and  of  this  State,  and  that  he  will  faithfully  demean 
himself  in  otiice. 

17.  4'hat  wlieiK'vi'r  there  shall  be  a tie  in  the  election  of  aldermen  or 
(kdegates,  the  judges  of  (‘lections  shall  {;ertify  tlx;  same  to  the  mayor, 
who  shall  immediately  ther<‘ni)on  issue  his  i)roclamation,  stating  such 
facts,  and  order  a new" election. 

18.  I'hat  thei’c'  shall  be  four  stated  sessions  of  the  city  council  every 
year,  the  time  and  place  of  which  shall  be  presciabed  by  ordinance. 

AllTR'LE  in. 

0/  the  I jcgislativc  Power  of  the  City  Council  arid  its  Incidents. 


1.  That  the  city  council  shall  have  i)Ower,  within  the  city,  by  ordi- 
nance;— 

First — To  levy  and  collect  tax(*s,  not  cxce(;ding  one-half  of  one  per 
centum,  njx)n  all  jx'rsons  and  j)ro])erty  made  taxable  by  law  for  State 
purj)oses. 

Second — To  ])orrow  money  on  the  credit  of  the  city. 


64 


ClfARTEllS  OF  CITY  OF  ST.  LOUIS. 


Third — To  api)roprhite  money  and  to  provide  for  the  payment  of  the 
debt  and  ex])enses  of  the  eity. 

Fourth — d'o  mak(i  re^-nlations  to  prev(mt  the  introduction  of  contng-ious 
disease;, s into  tlu!  city;  to  make  quarantine  laws  for  that  ])urpose,  and 
enforce  the  same  within  ten  miles  of  the  city. 

Fifth — To  establish  ho,spitals  and  make  regulations  for  tlie  government 
thereof. 

Sixth — To  make  regulations  to  secure  the  general  health  of  the  inhabi- 
tants, and  to  prevent  and  remove  nuisances." 

Seoenth — To  provide  the  cily  witli  w'ater,  and  to  erect  hydi’ants  and 
punii)s  in  the  sti'eets,  witliin  or  beyond  the  boundaries  of  the  city,  for  the 
convenience  of  tlie  inhabitants  of  the  city  and  environs. 

Eighth — To  open,  alter,  al)o]ish,  widen,  extend,  estaldish,  grade, 
pave,  or  otherwise  improve  and  keep  in  repair,  streets,  avenues,  lanes 
and  alleys. 

Ninth — To  establish,  erect  and  keep  in  repair  bridges,  culverts  and 
sewers . 

Tenth — To  ])rovide  for  lighting  the  streets  and  erecting  lamps  thereon. 

Eleventh — To  establish,  support  and  regvdate  night  watch  and  ])atrols. 

Twelfth — To  erect  mnrket-houses,  establish  markets  ami  market  i)laces. 
and  i)rovide  for  the  government  and  regulations  thereof. 

Thirteenth — To  provide  for  the  erection  of  all  needful  buildings  for  the 
use  of  the  city. 

Fourteenth  — provide  for  inclosing,  improving  and  regulating  all 
public  grounds  belonging  to  the  city. 

Fifteenth — To  improve  and  preserve  the  navigation  of  the  Mississippi 
rivei-  within  the  city. 

Sixteenth — To  ert.'ct,  repair  and  regulate  puldic  wdiarves  and  docks,  to 
regulate  the  erection  and  repair  of  private  wdiarves  and  the  rate  of  wdiarf- 
age  thereat. 

Seventeenth — To  regulate  the  stationing,  anchorage  and  mooi’ing  of 
vessels  within  the  city. 

Eighteenth — To  license,  tax  and  regulate  auctioneers,  grocers,  mer- 
chants, retailers  and  taverns,  and  to  regulate  and  suppress  ordinaries, 
hawdvcrs,  peddlers,  brokers,  pawnbrokers  and  money  cliangers. 

Nineteenth — To  license,  tax  and  ri'gulate  hackney  carriag’es,  omnibuses, 
wagons,  carts  and  drays,  and  tix  the  rates  to  be  charged  for  the  carriage 
of  }iersons,  and  of  wagonage,  cartage  and  drayage  of  property. 

Twentieth — To  license  and  regulate  porters,  aiul  lix  the  rate  of  porterage. 

Twenty-jirst- — To  license,  tax  and  regulate  theatrical  and  other  exhibi- 
tions, shows  and  amusements. 

Twenty-second — To  tax,  restrain,  prohibit  and  suppress  tipiiling-houses. 
dram-shops,  gaming  and  gambling-houses,  and  otlier  disoi'derry  houses, 
and  to  suppress  bawaly  houses. 

Twenty-third — To  piVivide  for  the  prevention  and  extinguishment  of  tinis, 
and  to  organize  and  to  establish  tire  companies;  also,  to  regulate,  la'strain 
and  jirohibit  the  erection  of  wa)oden  buildings  in  any  jiart  of  the  city. 

Twenty-fourth — To  n'gulate  the  cleaning  of  chimney's,  and  to  lix  the  fees 
thereof. 

Twenty-fifth — To  regulate  the  storage  of  gunpowder,  tar,  pitch,  resin, 
hemj),  cotton,  and  all  other  combustible  materials. 

Twenty-sixth — To  regulate  and  order  jiartition  and  parajiet  wadis  and 
partition  fences. 

Twenty-seventh — To  establish  standard  wadghts  and  imaisures,  and  regu- 
late the  weights  :md  measures  to  be  used  in  the  city,  in  all  cases  not 
othei-\vise  provided  ])y  law. 

Twenty-eighth—'\\)  provide  for  the  insi)ection  and  measuring  of  lumlxir, 
and  other  building  materials,  and  for  the  measurement  of  all  kinds  ot 
mechaiucal  work. 

Twenty-ninth — To  provide;  foi*  tlu‘  insix'.ction  and  wx'ighing  of  hay  and 
stoiu'  coal,  the  measuring  of  charcoal,  tii-ewood,  and  all  otlK'rfuel  to  be 
used  in  the  city. 

Thirtieth — To  provide  for  and  ]-(‘gulate  the  inspection  of  tobacco,  and  of 
beef,  pork.  Hour,  meal  and  whisky,  in  barrels,  hogsheads  and  otlna- 
vessels. 


CIIAirrEllS  OF  TIIF  CITY  OF  ST.  LOUIS.  05 

T hirty-first — 'I’o  r(\iiul;ite  tlu?  insi)ec‘lion  ol‘  butter,  bird  and  all  other 
provisions. 

Thirty-second — To  rc'o-ulatci  the  weight,  quality  and  price  of  bread  to  he 
sold  ami  used  in  the  city. 

Thirty-third — 'fo  regulate'  the  size  of  bricks  made  or  used  in  the  city. 

Thirty-  fourth — To  provide  foi-  the  taking  and  enumeration  of  the  inhabi- 
tants of  the  city. 

Thirty-fifth — To  regulate  the  election  of  city  otticers.  and  provide  for 
r(Mnoving  from  otiice  any  person  holding  an  oftice  created  by  ordinance. 

Thirty-sixth — To  i)]-ovide  for  the  appointment  of  all  otiicers,  servants 
and  agents  of  the  corporation,  not  otherwise  provided  for. 

Thirty -seventh — To  lix  the  compensation  of  all  city  othcers,  and  regulate 
the  fees  of  all  jurors,  witnesses  and  others,  for  services  rendered  under 
this  act  or  any  ordinance. 

Thirty-eighth — To  n'gulate  the  police  of  the  city;  to  impose  fines,  for- 
feitures anil  i^enalties  toi-  the  hi'each  of  any  ordinance,  and  provide  for  the 
recovery  and  aiipropriating  of  such  fines  and  forfeitures,  and  the  enforce- 
ment of  such  penalties. 

Thirty-ninth — To  erect  a workhouse  and  house  of  correction,  and  pro- 
vide for  the  regulation  and  government  theri^of. 

2.  The  city  council  shall  have  the  exclusive  power,  ’within^  the  city,  by 
ordinance,  to  license,  regulate  and  restrain  the  keeping  of  ferries,  and  to 
license,  regulate,  i-esti-ain  or  suj)pr(‘ss  billiard  tables. 

3.  The  city  council  shall  have  i)OW(‘r  to  make  all  ordinances  which  shall 
l)e  necessary  and  prop(*r  for  canwing  into  execution  the  powers  specified 
in  the  two  preceding  s(M;tions,  and  all  other  jiowers  vested  by  this  act 
in  the  corporation,  the  city  government,  or  any  department  "or  ofiicer 
thereof,  so  that  such  oi-dinance  he  not  riqiugnant  to,  nor  inconsistent  with, 
the  constitution  or  laws  of  the  United  States  or  of  this  State,  or  any  pro- 
vision in  this  act  contained. 

4.  Every  hill  which  shall  have  hi'cn  passed  by  both  branches  of  the  city 
council,  shall,  hefori'  it  becomes  a law,  he  presented  to  the  mayor  for  his 
approbation.  If  he  aiqirove,  he  shall  sign  it;  if  not,  he  shall  return  it, 
with  his  objections,  to  tlus  hoai’d  in  which  it  originated,  wdiieh  objections 
shall  he  entered  at  large  on  the  journal,  and  the  hill  reconsidered. 

T).  If,  after  such  i-ee.onsideration,  a niaj<  I'ity  of  all  the  memhers  elected 
to  the  hoard  in  which  the  hill  oi-iginated  shall  agree  to  jiass  the  same,  it 
shall  he  sent,  togetluM-  with  thi'  ohjeetlons  of  the  mayor,  to  the  other 
branch  of  the  city Council,  by  which  it  shall,  in  like  mailner,  he  reconsid- 
ered, and  if  jiassed  by  a majority  of  all  the  memhers  electial  to  that 
branch,  it  shall  become  a law. 

().  In  all  such  cases  the  vot(‘s  of  both  hranehes  shall  he  takiai  by  yeas 
and  nays,  and  entered  on  the  journal  of  each  branch  ritspectively. 

7.  If  any  hill  shall  not  he  I'ldui-ned  by  the  mayor  in  five  days  (Sundays 
excepted)  aftia-  it  shall  Ixi  pri'sentinl  to  him  for  his  approbation,  the  same 
shall  become  a law,  in  the  same  manner  as  if  he  had  approved  and 
signed  it. 

5.  Every  resolution  to  which  the  concurrence  of  both  hranehes  of  the 
city  council  shall  hi*  necessai'y,  (except  in  cases  of  adjournment,)  shall  lx* 
pri*sent(*d  to  the  mayor,  and,  before  the  same  shall  take  efiect,  shall  he 
proceeded  upon  in  the  same  manner  as  in  case  of  a hill. 

t).  The  style  of  the  ordinances  of  thi!:  city  shall  he:  “Be  it  ordained  by 
the  city  council  of  the  city  of  St.  Louis.  ’ ’ 

10.  All  ordinances  jiassed  by  the  city  council  shall,  within  one  month 
after  they  shall  have  been  passed,  he  published  in  some  newspaper  pub- 
lished in  the  city. 

11.  All  ordinances  of  the  city  may  he  proven  by  the  seal  of  the  eor- 
poration,  and,  when  i)rinted  and  jiuhlislied  h}"  authority  of  the  corpora- 
tion, the  same  shall  he  received  in  evidence  in  all  courts  and  places, 
without  further  jn-oof. 


66 


fllARTERS  OF  THE  CITY  OF  ST.  T.OUIS. 


ARTICLE  IV. 

Of  Executive  and  Ministerial  Officers. 

1.  Tli(^  f'hicf  executive  officer  of  tlie  city  sliall  be  the  mayor,  who  shall 
be  elected  by  the  qualified  voters  of  the  city,  and  who  shall  hold  his  office 
for  the  teriii  of  one  year,  and  until  his  successor  is  duly  elected  and 
qualified. 

2.  No  person  shall  be  mayor,  who,  at  the  time  of  his  (dection,  is  not 
possessed  of  the  qualifications  required  for  an  alderman  or  delegate,  or 
who  holds  ;my  office  under  the  authority  of  the  United  States. 

3.  When  two  or  more  persons  shall  have  an  equal  number  of  votes  for 
the  office  of  mayor,  the  two  branches  of  the  city  council  shall  decide  the 
election  by  joint  vote. 

4.  Whenever  an  election  for  mayor  shall  be  contested,  tlu^  two 
branches  of  the  city  council  shall  determine  the  same  by  joint  vote. 

5.  Whenever  any  vacancy  shall  happen  in  the  office  of  mayor,  it  shall 
be  filled  by  election  in  such  manner  as  shall  be  provided  by  ordinance. 

6.  The  mayor  may  be  removed  from  office  for  any  misdemeanor,  by  a 
majority  of  two-thirds,  on  joint  vote  of  both  branches  of  the  city 
council . 

7.  The  mayor  shall  have  power  to  nominate,  ajid,  by  and  with  the  con- 
currence of  tile  board  of  aldermen,  to  appoint  all  city  officers,  not  ordered 
by  law  or  ordinance  to  be  otherwise  appointed;  he  shall  take  care  that  the 
laws  of  the  State  and  the  ordinances  of  the  city  are  duly  enforced, 
respected  and  observed  within  the  city;  he  may  remit  fines",  forfeitures 
and  penalties  accruing  from,  or  imposed  for,  the  violation  of  any  ordi- 
nance of  the  city;  he  may  till  all  vacancies  which  may  occur  in  any  offic'c 
other  than  that  of  aldermen,  delegates,  register,  auditor,  city  inarshal 
and  city  attorney,  until  the  end  of  the  session  of  the  board  of  aldermen 
which  shall  next  happen  after  the  vacancy  shall  have  occurred;  he  shall, 
frorii  time  to  time,  give  to  the  city  council  information  relative  to  the 
state  of  the  city,  and  shall  recommend  to  their  consideration  such  meas- 
ures as  lie  shall  deem  expedient  for  the  advantage  of  the  city. 

8.  The  mayor  may  call  special  sessions  of  the  city  council  by  pro- 
clamation . 

9.  Whenever  a special  session  of  the  city  council  shall  have  been  called 
by  the  mayor  he  shall  state  to  them,  when  assembled,  the  caus('  for 
which  they  have  been  convened. 

10.  Whenever  the  mayor  shall  absent  himself  from  the  city,  or  a 
vacancy  shall  happen  in  the  office  of  mayor,  the  president  of  the  lioard  of 
aldermen  shall,  for  the  time  being%  exercise  the  duties  and  re(*eive  the  like* 
compensation  of  the  mayor,  until  such  vacancy  be  filled,  or  the  mayor 
return. 

11.  There  shall  b(^  a city  register,  whose  duty  it  shall  be  to  k(‘ep  a 
record  of  all  the  official  acts  of  the  mayoi-,  and,  when  necessary,  to  attest 
them;  he  shall  keep  and  preserve  in  his  ofiice  the  seal  of  tlu^  city,  and  all 
records,  public  papers,  and  documents  belonging  to  tlu^  city;  and  Ik* 
shall  perform  such  other  and  further  duties  as  may  be  prescribed  by 
ordinance. 

12.  There  shall  be  a city  auditor,  Avhose  duty  it  shall  be  to  presciilx* 
the  mode  of  kee])ing,  stating  and  rendering  all  city  ac(M)unts  (unU'ss 
otherwise  provided  for  l)y  ordinance)  between  the  city  and  any  ])erson  or 
body  politic  or  corixmite,  and  generally  to  p(*rform  "such  other  duties  as 
may  be  ])rescribed  by  ordinance. 

1*3.  There  shall  be  a city  treasurer,  whose  duty  it  shall  be  to  receivi* 
and  kec])  the  money  of  the  city,  and  to  pay  out  tlie  same  upon  warrants 
drawn  Iw  the*  auditor;  and  tlie  city  treaslirer  shall  i)crforni  such  otln'r 
and  further  duties  as  may  be  enjoiiH'd  on  him  by  ordinance. 

14.  Th(*re  shall  be  a city  mai’shal,  wbo  shall,  within  the  city,  in 
matters  of  a criminal  natui-e,  arising  under  any  law  of  the  State,  ])ossess 
the  same  powers,  ]x*rform  tlx;  sam(fduties,  and  receive  the  same  conqx-n- 
sation  as  either  constable  of  St.  Louis  townshli);  lx;  sball  exc(*ut(*  aixl 
return  all  process  issued  by  the  recorder,  any  alderman,  or  justice*  of 


( IIAKTERS  OF  TIIF  ( ITV  OF  ST.  LOUIS.  r,7 

lh('  inuF'i-  this  act,  or  any  ordinanco  of  tin*  city,  and  li(‘  sliall 

p('i‘fonn  sncli  otlnn’  duties  as  shall  he  enjoin(*d  on  him  hy  ordinance*. 

15.  Tlu'n*  shall  he  a city  (*n<>in(*er.  whose  duty  it  shall  lx;  to  sni)(*rintend 
the  construction  of  all  ])nl)lic  woi’ks  of  the  city,  and  to  mak(^  out  plans 
and  estimates,  and  to  contract  for  tlu*  (‘xecution  of  the  same;  and  to 
perform  all  such  surveyinu- and  (*n”-lneei-in^-,  and  such  other  duties,  as  may 
1)1*  re(piir(*d  of  him  hy  ordinance. 

]().  The  register,  auditor  and  eaty  marshal  shall  he  elect(*d  at  the  same 
time,  and  in  the  same  manner,  as  niayoi-,  aldermen  and  delegates. 

17.  ^^'henev(*r  there  shall  he  a tie  in  the  election  of  city  otlicers,  the 
judges  of  election  shall  certify  the  same  to  the  mayor,  who  shall  issue 
ids  pro(*lamation  immediately  thereupon,  stating  such  fact,  and  ordering 
anew  election. 

18.  The  register,  auditor,  treasurer  city  mai-fshal  and  engineer,  shall, 
each,  hefore  entering  on  the  discharge  of  the  duties  of  his  otlice,  give 
hond  to  tlu*  mayor,  conditioned  for  the  faithful  discharge  of  the  duties  oi 
his  otlice,  and  the  amount  of  such  homl  shall  he  designated  h}’  the  mayor, 
and  the  security  shall  he  such  as  he  will  approve. 

19.  The  mayor,  register,  auditor,  recorder,  treasur(*r,  city  marshal 
and  engdiiec*!’,  and  each  officer  of  the  cori)oration,  l)efore  entering  upon 
the  discharge  of  the  duties  of  his  office,  shall  take  and  suhscrihe  an  oath  or 
affirmation,  hefore  some  judge  or  justice  of  the  i)eace,  that  lu*  will  support 
the  constitution  of  the  United  States  and  of  tliis  State,  and  that  he  will 
faithfully  demean  himselt  in  office. 

20.  U'he  i-egister,  auditor,  recorder,  treasure*!-,  city  marshal,  city 
attorney  and  (*ngineer,  shall,  (‘ach,  hold  his  otlice  for  the  t(*rm  of  one 
year,  and  until  his  successor  shall  he  dul}'  elected  and  (pialilled;  hut  may 
he  sooner  removed  from  office  for  any  misdemeanor,  or  for  incapacity  , 
hy  the  city  coiuual,  on  joint  vote,  a majority  of  all  the  memhers  ele(;tt*(i 
concurring  therein;  and  also,  for  likei  causes  and  in  like  manner,  all 
officei-s  and  servants  api)ointed  hy  ordinanc(*. 

21.  The  inayoi-  and  all  other  officers  of  the  coi-poration  shall,  during 
their  continuance  in  office,  reside  within  tlu;  limits  of  the  city;  and  if  the 
mayor,  or  any  officer  of  the  corj)oi-ation,  shall  cease  to  reside  within  the 
limits  of  the  city,  his  office  shall  imnu*diately  hecome  vacated. 

22.  There  shall  he  a recorder,  who  shall  have  jurisdiction  throughout 
the  cori)orate  limits  of  the  city,  and  shall  he  a conservator  of  the  peac(*, 
and  shall  have  all  the  powers  and  jurisdiction  now"  vested  in  justices  of 
the  peace;  and  who  shall  receive  tin*  same  lii‘(*s  for  like  services.  The 
recorih*!-  sliall  h(^  elect(*d  at  the  sanu*  time  and  in  the  same  manner  as  the 
mayor,  alderm(*n,  and  d(‘legat(*s,  and  shall  hold  his  office*  for  the  space 
of  two  years,  and  until  his  succ(‘ssor  is  duly  elected  and  (pialitied. 

ARTK'LE  V. 

Of  Elections. 

1.  g(*nei-al  election  for  all  the*  offic(‘rs  of  tln^  corporation.  r<*(pni'(*d  to 
he  el(*cted  hy  this  act,  or  any  oi-dinance  of  the  city,  shall  he*  he)lele*n  on  the 
llrst  Meinelay  of  April  in  eae-h  ye*ar. 

2.  At  all  elee-tions  fen-  e-ity  eitlicers  the  ve)te*rs  shall  vote  hy  halleit. 

5.  All  pe*rse)ns  epialilie*el  as  (-leie-teirs  unele*r  the;  tenth  se'e-tiem  eif  the*  thir  I 
artie-le  e)f  the  constitution  e)f  the*  State*  eif  Missouri,  wliei  shall  have  re*sieleei 
six  nmnths  within  the*  city,  and  enie  nmnth  within  the  wai-el  w'he*i-e  the*y 
e)tfer  to  votei,  ne*xt  ))re‘e'e*ermg  the  e*k*ction,  shall  he  ele*e*me*d  epialilieel  ve)te‘rs 
at  all  e*lee‘tie)ns  tor  e-ity  e)ffie-e*rs. 

4.  Ve)tei-s  shall  give  their  ve)te*s  fe)r  city  olticcj-s  einly  in  the*  wa!-ds  in 
which  th(*y  resiele*. 

5.  When(*ver  any  vacancy  shall  e)ce-ur  in  the*  ejffice  of  alelerman,  ele*le*gate*, 
registe-r,  auelite)r,  city  attorney,  r(*e-e)rder,  eir  city  marshal,  it  shall  he  the 
duty  e)f  the  mayor  to  issue  his  proe*lamation  ordering  an  ele‘ction  to  till 
sne-ii  vacancy. 


CllAllTEES  OF  TJIE  CITY  OF  ST\  LOUIS. 


68 


AirJTCLE  YI. 


Of  Proceedmgs  in  Special  Cases. 


1 . \Vlu3n  it  is  nec(‘ssaiy  to  tak(‘  i)rivate  i)roperty  for  opening,  widening 
or  altei-ing  any  public  street,  lane  or  avenne,  the  coi-poration  shall  make 
a jnst  eoin])ensation  therefor  to  the  ])erson  whose  property  is  so  taken; 
.aiid  if  the  ainonnt  of  such  compensation  can  not  be  agreed  upon,  the  mayoi- 
shall  cause  the  same  to  be  ascertained  by  a jury  of  disinterested  free- 
iiolders  of  the  city . 

2.  In  opening,  alt(‘ring  or  widening  alleys  through  the  blocks  oi- 
squares  of  the  city,  the  same  proceeding  shall  be  had  as  in  tlu^  case  of 
opening,  widening  or  altei-ing  i»ublic  streets,  lanes  or  aA’eiiues,  with  this 
addition,  that  the  jury  will  ascertain  the  amount  of  benetit  that  shall 
.accriu'.  to  the  person  whose  ])ro])erty  is  taken,  oi-  those  who  may  have 
petitioned  foi*  the  opening,  widening  or  altering  of  such  alley. 

?>.  When  two-thirds  of  the  owners  of  all  the  i)roperty  on  a street,  lane, 
avenue  or  alley,  proi)osed  to  be  opened,  widened  or  altered,  shall  petition 
therefoi-,  the  mayor  and  city  council  may  oi)en,  widen  or  alter  such  street, 
lane,  avenue  or  alley,  upon'  conditions  to  be  ])rescribed  by  ordinance;  but 
210  compensation  shall,  in  such  case,  be  made  to  those  whose  property 
shall  be  taken  for  the  oiiening,  widening  or  altering  such  street,  lane', 
avenue  or  alley,  who  have  petitioned  for  the  same;  nor  shall  there  be  ain 
assessment  of  lienetits  or  damages  that  may  accrue  thereby  to  any  of  the 
petitioners. 

4.  All  jurors  inqiaimeled  to  inquire  into  the  amount  of  benetits  or 
damages  which  shall  ha])])en  to  the  owner  of  property  jiroposed  to  be 
taken,  for  opening,  widening  or  altering  any  street,  lane,  avenue  or 
alley,  shall  first  lie  sworn  to  that  etfect,  and  shall  return  to  the  mayor 
ihei’r  inquest,  in  writing,  and  signed  by  each  juror. 

.5.  The  mayor  shall  have  powei*,  for  good  cause  shown,  within  ten  days 
after  any  inquest  shall  have  been  returned  to  him,  as  mentioned  in  the 
preceding  section,  to  set  the  same  aside,  and  cause  a new  inquest  to  be 
made. 

().  The  mayor  and  city  council  shall  have  po\\er,  by  ordinance,  to  en- 
force the  paynient  of  all  sums  which  a jury  shall  dechire  to  be  tlie  amount 
of  benetits  acciaiing  to  the  owners  of  property,  ni)on  any  alle}"  which  slmll 
be  0])ened,  ^^idened  or  altered,  if  the  owner  be  one  of  the  i)etitioners  for 
the  o])ening,  widening  oi-  altmang  such  alhw. 

7.  The  mayor  and  city  council  shall  have  power,  by  ordinance,  to  levy 
and  collect  a special  tax  on  the  holders  of  the  ’ ^ dreet,  lane. 


avenue  oi-  alley,  or  part  of  Jiny  sti-eet,  lane,  avenue  or  alley,  according 
ro  the  resjiective  fronts  owned  by  them,  for  the  purpose  of  paving  or 
grading  such  street,  lane,  iivi'iiiu;  or  alley. 

' 8.  'Jdie  mayor  and  city  council  shall  have  power,  by  ordinance,  to 
direct  the  manner  in  wbicii  any  ])i'opei‘ty,  real  or  personal,  advertised  for 
sale,  or  sold  for  taxes  liy  authority  of  the  corporation,  may  be  redeemed. 

9.  The  net  amount  of  moneys  accruing  from  the  licensing  of  feia*ies  and 
billiard  tables,  and  all  tines  and  forfeitures  accruing  to  the  city  for  viola- 
rions  of  ordimmces  concerning  ferries  andlnlliard  tables,  and  the  priwen- 
Tion  or  suppression  of  gaming,  shall  be  .appropriated  and  apiilied  in  such 
’naniier  as  the  mayor  and  city  (*ouncil  may,  from  time  to  time,  direct. 

10.  The  city  council  shall  cause  to  be  published,  annually,  a full  and 
(■om]»lete  statement  of  all  moneys  received  and  expended  by  the  cor- 
ooration  during  the  preceding  year,  and  on  Avhat  account  received  and 
expended . 


AirfK'LE  VII. 


Misccllaiieous  Provisions. 


1.  'J'Ik!  recorder  aldermen,  and  di'legates  sludl  be  conservatoi’s  of  tlu* 
'peace,  thronghont  the  (*ily,  and  shall  ha\'e  therein  all  the  powers  and 
jurisdiction  now  vested  in  justices  of  the  peaciu  in  matters  of  a criminal 


( IIARTEKS  OF  THE  (MTV  OF  ST.  LOUIS. 


G!) 


nature,  and  sliall  ex(M-eise  all  powan-s  and  pcnMdnn  all  dnlies  'which  niay  he 
investial  in,  and  reipiired  of  tlunn,  l)y  ordinance*. 

‘2.  M'lu*  r(‘(*oi*dor.  and  eacli  Jnstiee  ot  the  peace,  witlun  the*  city,  sliail 
have  Jurisdiction  of  all  cases  arising-  inidei*  the  oi-dinances  of  flie  city, 
snhj(‘ct,  however,  to  an  ai)peal,  in  all  eases,  to  the  cirenit  court  of  St . 
Louis  county;  and  eveiy  such  ap])eal  shall  lx*  taken  and  ^-ranted  hy  justices 
of  th('  i)eae(“  to  the  eirenit  court.  imd(*i*  the  e-onoj-al  law  of  tlx*  land, 

d.  MMu*  inhahitanis  of  St.  Louis  are  heivhy  (^xeniptexl  from  working  on 
any  road  beyond  the  limits  of  the  city,  and  from  paying  any  tax  to  i)i‘ocnrc 
Ial)orers  to  work  upon  the  same*. 

4.  All  ordinances  and  resolutions  passed  by  the  city  coniicil  of  the  city 
of  St  TA)nis  shall  remain  in  force  until  the  same  shall  be  r(*pealed  hy  tin* 
<*orj)oration  hereby  created. 

5.  All  suits,  fictions  and  prosecntioiis,  instituted.  commen(*ed.  or 
brought  by  the  eor])oration  hereby  creat(*d,  shall  l)e  instituted,  commenced 
and  i)roseented  in  the  name  of  ‘ ‘ The  City  of  St.  Louis.  ’ ’ 

G.  All  actions,  tines,  i)enalties  and  forfeitures,  which  have  accrn(*d  to 
the  cit}"  council  of  St.  Louis,  shall  be  vested  in,  and  prosecuted  for,  by 
the  corporation  hereby  createil. 

7.  All  property,  real  and  personal,  heretofore  belonging  to  the  in- 
habitants of  the  town  of  St.  Ijonis,  or  the  trustees  of  said  town,  in  their 
cori)orate  capacity,  or  to  the  ‘ Alayoi*,  Aldermen,  and  citizens  of  the  city 
of  St.  Louis,”  or  to  the  city  council  of  the  city  of  St.  Ta)nis,  shall  he. 
and  the  same  is  hereby  declared  to  be,  vested  in  the  corporation  hereby 
created . 

8.  M'his  charter  shall  not  invalidate  any  act  done  by  the  ‘•Mayor. 
Aldermen  and  citizens  of  the  city  of  St.  Louis,”  or  the  city  council  of  fin* 
(dty  of  St.  Louis,  nor  divest  them  of  any  right  which  may  have  accrued 
to  them  prior  to  the  passage  of  this  act. 

9.  MMie  General  Assembly  may,  at  any  time,  alt(*r,  amend,  or  repeal 
this  charter. 

10.  All  acts  or  i>arts  of  acts  coming  within  the  i)ni-view  of  this  cbaifer. 
or  conti-ary  to,  or  inconsistent  with,  its  pi’ovisions,  are  hei-eby  repeah'd. 

11.  The  mayor  of  the  city  of  St.  Louis  shall,  immediately  afb'i*  thii 
passage  of  this  act,  take  measures  to  promulgate  tins  law  within  the  limits 
of  the  (dty  of  St.  Louis,  and  shall  issue  his  in-oclamation.  aiul  cause  the 
same  to  be  published  in  all  the  newspapers  of  said  city,  for  four  w(*(*ks 
successively  i)rior  to  the  day  of  (*lection,  r(*(iuiring  an'  (*h*ction  for  city 
otlicers,  in  pursuance  of  this  chart(*r,  to  he  held  on  tlx^  tirst  Monday  ol 
Ai)ril,  eighteen  hundred  and  forty-one;  and  said  election  shall  lx*  con- 
ducted in  th(*  same  manner  and  tit  tlx*  same  tinx^  ;uxl  plac(*s  as  now 
provided  for  hy  the  ordinances  of  said  city  regulating  elections. 

12.  MMns  tu‘4  is  dech»r(*d  to  lx*  a ))nbli(;  act,  and  may  lx*  r(*ad  in  evld(*ix*c 
in  all  courts  of  law  and  (*(|nity  in  this  Stale,  without  pi-oof. 

13.  Whenever  the  city  of  St.  liOuis  shall  er(*ct  and  organize  a work- 
house in  St.  Louis  (county,  any  p(*rson  who  shall  fail  or  ix*gl(*ct  to  jxiy 
any  line  or  costs  imposed  on  him  by  any  ordinance*  of  tlx* City  of  SI. 
Louis,  foi*  any  misdenx'anoi*  or  br(*ach  of  any  ordinance  of  said  city,  shall, 
instead  of  being  conmntted  to  the  Jail  of  tlx^  county,  lx*  committ(*d  to  tlx* 
workhouse  until  such  line  and  costs  lx;  fully  paid:  J*rovided,  however,  M'hai 
no  such  imprisonnx*nt  shall  exc(*ed  niix*ty 'days. 

14.  Eveiy  iierson  so  committed  to  tlx*  workhouse*,  shall  lx*  r(*(pui-(*d 
to  work  for  tlu^  city  at  such  labor  as  bis  h(*alth  and  str(*ngth  w ill  p(*rmit , 
not  exceeding  ten  hours  iii  (*acb  day;  aud  ibr  such  work  aixl  labor  tlx* 
p(*rson  so  (*mi)loy(*d  shall  Ix^  allow(*d,  (*xclusive  of  his  board,  s(*v(*nty-li\(* 
cents  ]x*r  day  for  each  day’s  work,  w hicli  amount  shall  go  towards  paying 
such  line  and  costs. 

la.  Nothing  herein  contained  shall  lie  so  constru(*d  as  to  i)r(*vent  the 
mayoi*  of  the  city  of  St.  Jjouis  from  remitting  any  tiix*,  or  part  of  any 
tine,  im|X)sed  upon  any  iierson  for  a breach  of  any  ordinance  of  the  city 
of  St.  Loins. 

IG.  M'lx*  lots  and  all  jnoperty,  r(*al.  p(*isonal  and  mixed,  b<*yond  tlx* 
present  city  boundaries,  shall  not  be  subject  to  taxation  foi*  cit}'  purxioses, 
for  the  p(*riod  of  tw'elve  months  from  the  passage  of  this  act. 


70 


HILLS  OF  MORTALITY  OF  ST.  LOUIS. 


17.  'I'ho  (‘ominoii  council  shall,  within  twelve  inoiitlis  from  the  i)assage 
(nf  this  act,  cause  to  he  ^i-adc'd  and  niacadamized  the  carrai^e-way  of 
Broadway,  South  S(!veiith,  Washington  aveiine,  and  Market  street. 
twenty-fiv(*  feet  wide,  from  tlu*  ])on!idaries  of  the  city,  established  by  this 
act,  to  the  near(*st  point  macadamized  within  the  present  limits  ()f  the 
(ity;  and.  until  such  carria<ie-ways  afoi’esaid  ari^  mad(*  and  completed, 
tlie  lots  and  grounds  l)eyond  the  present  limits  of  the  city  shall  not  he 
taxed  for  city  ])nri)oses  moi-e  than  one-sixteenth  of  one  per' cent. 

18.  This  act  shall  take  etlect  from  and  after  the  thirty-lirst  day  of 
March,  in  the  year  of  onr  Lord  one  thousand  eight  hundred  and  forty- 
one.  exc(*i)ling’  the  (‘leveiith  section  of  this  article,  which  shall  tak(^  effect 
from  and  afha-  the  ])assag'e  thei-eof. 

Approved,  Fe])rnary  15,  1841. 


AN  ACT 

I’liovimxii  FOR  REPORTS  OF  THE  MORTALITY  OF  THE  CITY  OF  ST  LOUIS  AND 

ITS  SUBURBS. 


He  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

1.  That  all  overseers  and  sextons  of  public  graveyards,  in  or  adjoin- 
ijig,  or  within  four  miles  of  the  city  of  St.  Louis,  shall  make  a weekly 
*-ei)0]‘t  to  the  register  of  the  city  of  St.  I.onis.  of  all  interments,  during 
the  w(‘ek.  in  th<*  graveyard  whereof  they  are  such  overseers  oi-  sextons, 
respectively.  Said  i-eport  shall  siiecify  the  names  and  ages  of  the  ])ersons 
niterred;  and  all  idiysicians,  ])racticing  in  the  city  of  St.  Louis,  shall 
make  a weekly  report  to  the  register  of  the  city  of  St.  Louis,  of  all 
deaths  happening  amon<>;  their  patients  in  the  city  of  St.  Louis  and  its 
snhnrlis;  which  report  shall  specify  the  names  of  the  persons  dying,  the 
diseases  of  which  they  diedy  their  ages,  and  whether  the}'  lived  in  the  eity 
or  snhni-hs. 

2.  If  miy  ovei'seer,  sexton.,  oi-  iihysician,  shall  neghict  to  make  tin* 
sveekly  re])Oi‘t  provided  for  in  the  foregoing  section,  he  shall  forfeit  and 
pay  the  sum  of  live  dollars  for  every  such  neglect,  to  he  recovered  by 
action  of  de))t  before  any  justice  of  the  peace,  in  the  name  and  to  the  use 
of  the  county  of  St.  Louis,  at  the  instance  of  tlie  register  of  the  city  of 
St.  Louis. 

Tins  act  to  take  effect  from  and  after  its  passage. 

A})})r(>ved„  Feliruarv  5^.1841. 


AN  ACT 

To  AMEM)  AN  ACT  CONCERNING  BILLS  OF  MORTALITY  IN  THE  CITY  OF  ST. 
LOUIS  AND  SUBURBS. 

Me  it  enacted  by  the  General  AssenMy  of  the  State  of  Missouri,  as  follows: 

1.  That  all  overseers,  sextons,  or  other  p('i-sons>  who  may  have  control 
of  ])nl)lic  gi-aveyards  in.  adjoining,  or  within  four  mil(*s  of  tlu'  city  ot 
St.  Louis,  shall  make  a weekly  i-eport  to  the  register  of  tlu*  city  of'  St. 
Louis  of  all  inh'i nvjnts  dni-iiig  the  week,  in  the  grav(*yard  wlu'is'of  they 
are  such  ovcrs(*er  or  si'xton,  i esiiectively . Said  report  shall  spc'cify  th'e 
nanu's  and  ag(*s  of  the  lU'i’sons  int(*rn‘d,  and  also  the  disease's  of  w lncfi  said 
persons  di(*d,  s(‘x,  color,  and  if  slave  or  fr(‘(*. 

2.  That  if  any  overse'er,  se'xton,  or  otlu'r  person,  having  conti-ol  of  a 
graveyard;  shall  ])ermlt  any  p(*rson  to  he*  intei-i'ed  in  said  gi-av('yard, 
without  a (‘(‘ititicate  stating  tlu*  name,  age*,  sex,  coleer,  and  if  fi'e*e*  eir 
slave'y  te)ge*tlie*r  with  the  elLe*ase  of  whie-k  saiel  pei-son  elieel,  w'hie-h  ea'Jtiti- 


lUI.LS  OF  MOirrALITV  OF  ST.  LOUIS. 


71 


<*nto  shall  b(‘ si^-iK'd  hv  the  ])hysi(*iaii  who  att(‘ii(l(Ml  said  |)(‘rsoii , he  sliall 
forfeit  and  pay  the  sum  of  live  dollars  foi-  (‘very  sueh  n(‘^l(‘(*t,  to  lx*  re(;ov- 
(‘r(*d  before  any  justice  of  tin*,  peace*,  in  tlu^  nanu*  and  to  tlie  use;  of  tin; 
city  of  St.  TiOnis,  at  the  instance  of  the  iv^ister  of  St.  TiOnis. 

JL  That  if  any  overs(*er,  .S(‘xton.  oi*  oth(;r  i)erson,  fail  or  lu'^'lect  to 
make  to  tlu;  iciiistc'r  such  report  of  weekly  interments,  he  shall  forfeit 
and  i)ay  live  dollars  for  every  such  failure,  to  h(‘  recovered  as  above. 

4.  For  the  puri)ose  of  carrying  the  above  act  into  etfect,  every  physician 
who  may  lerac.tice  medicine*  in"  St.  Louis  and  suburbs,  sliall,  when  a 
jiatient  dies  under  his  care,  make  out  a certificate,  stating  the  name,  age, 
sex,  and  color,  and  if  free  or  slave,  tog(*ther  with  the  name  of  the  disease 
of  which  said  person  died;  and  if  any  jiliysiciaii,  on  application,  r(‘fuse  to 
mak(^  out  such  certilicate,  he  shall  forfeit  and  pay  live  dollars  to  the  use  of 
the  city  of  St.  Louis,  to  he  recovered  before  any  justice  of  the  peace  of 
St.  Tjoiiis  county,  at  the  instance  of  the  city  register. 

This  act  to  take  effect  from  its  iiassage. 

A'pproved,  February  25,  1843. 


CITY  CHARTER 


AN  ACT 

TO  REDUCE  THE  LAW  INCORPORATING  THE  CITY  OF  ST.  LOUIS,  AND  THE  SEV- 
ERAL ACTS  AMENDATORY  THEREOF,  INTO  ONE  ACT,  AND  TO  AMEND  THE  SAME. 

ARTICLE  I. 

Of  Boundaries ^ General  Powers,  and  Formation  of  Wai'ds. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Missouri,  as  foil oios : 

1.  All  that  district  of  country  contained  within  the  followiji^t  limits, 
to-wit:  Beo'inning'  at  a point  in  the  middle  of  the  main  channel  of  tlie 
Mississippi  river,  due  east  to  the  southeast  corner  of  St.  George,  in  St. 
Luuis  county;  thence  due  west,  to  the  Avest  line  of  second  Carondelet 
aA-enue;  thenee  north,  Avith  the  said  Avest  line  of  said  avenue,  to  tlie 
north  line  of  Chouteau  aATime;  thence  nortliAA  ardly,  in  a direct  line,  to 
the  mouth  of  Stony  creek;  thence  due  east,  to  tlie  middle  of  the  main 
channel  of  the  Mississippi  riA^er;  thence  southwardly,  AA'ith  tlie  middh‘ 
of  the  main  channel  of  the  ]\Dssissippi  river,  to  the  place  of  beg-inning,  is 
hereby  erected  into  a city,  hy  the  name  of  ‘ ‘The  City  of  St.  l/ouis.  ’ ’ 

2.  The  inhabitants  of  "the  city  of  St.  T.onis,  as  the  same  extends  and  is 
laid  out  above,  be,  and  they  and  their  successors  foi-CAan*  are,  hereby 
constituted  a corporation  and  bodj'  politic,  in  faiT  and  in  hiAV,  by  the 
name  and  style  of  ‘ ‘The  City  of  St.  Louis.  ■ ’ and  hy  the  same  name  shall 
have  ])erpetual  succession,  shall  sue  and  be  sued,  implead  and  be 
iinjileaded,  defend  and  be  defended,  in  all  courts  of  hiAV  and  equity,  and 
in  all  actions  AAdiatsoever;  may  jnirchase,  receive  and  hold  ]U‘operty,  i-eal 
and  personal,  Avithin  said  city,  and  may  sell,  lease,  or  dispose  of  tin* 
same  for  the  benetlt  of  the  city,  and  may  purchase.  receiAn  and  hold 
property,  real  and  personal,  be3n)nd  the  limits  of  the  city,  to  be  used  for 
the  burial  of  the  dead  of  the  city,  also  for  the  (‘ri^ction  of  AvaterAVorks  to 
supply  the  city  AAith  AATiter,  and  "also  for  the  establishment  of  a hospital 
for  the  reception  of  iiersons  infected  Avith  contagious  and  other  diseases, 
also  for  a poorhouse,  Avorkhouse,  or  house  of  correction;  and  may  sell, 
lease,  or  dispose  of  such  property  for  the  bemdit  of  the  city,  and  inaA"  do 
all  other  acts  as  natural  persons;  they  shall  have  and  use  one  common 
seal,  and  may  break,  change,  alter  and  make  a iicav  seal  at  pleasure. 

3.  The  city  of  St.  Louis  shall  be  divided  into  six  Avards,  the  boundaries 
whereof  shall  be  fixed  by  the  city  (;ouncil,  and  be  b^^  the  (jouncil  changed 
from  time  to  time,  as  they  shall"  see  lit,  having  regard  to  the  number  ot 
free  A\diite  male  inhabitants,  so  that  each  Avaril  shall  contain,  as  near  as 
maj^  be,  the  same  number  of  free  Avhite  male  inhabitants. 

ARTICLE  11. 

Of  the  City  Council. 

1.  There  shall  be  a city  council,  to  consist  of  a board  of  aldermen  and 
a boai-d  of  delegates. 

2.  The  hoard  of  delegates  shall  he  composed  of  two  memhei-s  for  each 
ward,  to  be  chosen  by  the  qiialil^pd  Aoters  of  the  several  wards  for  one 
year. 


CITV  ( IIAKTKR.  73 

IR  board  oi' abh'iaiKMi  shall  coiisisl  of  two  nuMidx'rs  tb]’  eacli  wai’d, 
clios(Mi  by  lli(‘  (|ualilu‘d  votc'rs,  lor  (wo  y(‘ai‘S. 

4.  No  person  shall  b(‘  an  alderinaii  oi'  dob'^ii'atc'  iinb'ss  ho  ho  a citizcai  ot 
the  Slat(' of  Missouri,  and  shall  luivo  i-(“sid(Ml  within  tin;  oity  limits  one 
year  next  i)r(‘('odin^’  his  (“hH'tion,  and  a bona  fide  resid(‘nt  of  tho  ward  for 
which  ho  is  oloot(‘d. 

5.  If  any  aldonnan  oi-  dcdopito  shall,  aftoi*  his  olootion,  remove  from 
the  ward  for  which  he  is  ohostm,  his  oltice  shall  he  thereby  vacated. 

0.  Immediahdy  aft(*r  the  hoard  of  aldermen  shall  he  ass(‘mh]ed,  in 
eons(Mpience  of  the  tirst  (*I(*ction,  the  aldeianen  shall  he  divided  into  two 
classes.  The  scaits  of  those  of  the  tirst  class  shall  he  vacated  at  the 
expiration  of  the  tirst  ycair,  and  of  the  second  class  at  the  expiration  of 
the  second  year,  so  that  one-half  may  he  ehos(m  eveiy  year. 

7.  Tlu*  hoard  of  aldermen  shall  elect  one  of  their  nninher  to  he  president 
of  the  hoai'd,  and  the  hoard  of  delegates  shall  elect  one  of  their  number  to 
he  chairman  thereof. 

8.  Each  hoard  may  appoint  tlieir  clerks  and  such  other  officers,  servants 
and  ao'cnts,  as  they  shall,  respect! velv,  deem  necessary  in  the  transaction 
of  their  business. 

9.  Each  hoard  shall  he  the  judge  of  elections,  returns  and  (j[ualitications 
of  its  own  memhers,  and  shall  determine  contested  elections. 

10.  ddie  majority  of  each  hoard  shall  constitne  a qnornin  to  do  business, 
hut  a smaller  number  may  adjourn  from  day  to  day,  and  may  comiiel  the 
attendance  of  absent  memhers  in  such  manner  and  under  sncli  penalties 
as  each  lioard  may  prescribe. 

11.  Each  hoard  may  detei'inine  the  rules  of  its  ])roceedings,  punish  its 
memhers  for  disorderly  behavior,  and,  with  the  concurrence  of  two-thirds 
of  all  the  memhers  elechMl,  expel  a memher,  hut  not  a second  time  for 
the  same  olfeiisi*. 

12.  Each  hoai-d  shall  keep  a joui-nai  of  its  ])roc(‘edings,  and,  as  soon  as 
practicable,  ])uhlish  the  same  iii  two  newspapers  of  the  city,  which  jinpers 
shall  he  of  (litferent  iiolitics;  and  the  y(‘as  and  nays  of  the  memhers  on 
any  (luestion  shall,  at  the  desire  of  any  two  of  those  present,  he  entered 
on  the  journal. 

18.  Neither  hoard,  during  the  session  of  the  city  council,  shall,  without 
the  cons(Mit  of  the  other,  adjom-n  foi-  a longer  period  than  two  days. 

14.  No  alderman  or  delegate  shall,  during  the  time  for  which  he  was 
elected,  he  appointed  to  any  oliice  under  tlufeity. 

15.  All  vacancies  that  shall  occur,  in  citlun-  hoard,  shall  he  filled  by 
election,  in  such  mannei’  as  shall  he  pi‘o\  ided  for  by  ordinance. 

1().  Each  alderman  and  delegate*  shall,  before  entering  upon  the  duties 
of  his  oliice,  take  an  oath  that  he*,  will  snp])ort  the  constitnlion  of  the 
United  States  and  of  this  State,  and  that  he  will  faithfully  demean  himself 
in  office. 

17.  Whenever  there  shall  lx*  a tie*  in  the  elee*tie)n  eef  alelermen  or  elele- 
gat(*s,  the*  juelges  e)f  e*le*e*tie)ns  shall  e*(*i*lity  the*  same*  te)  the  mayeer,  who 
shall  immeeliat(*ly  the*re*ui)e)n  issuer  his  i)re)clamatie)n,  staling  such  facts, 
anel  orele*i*ing  a ne*w  (*lection. 

18.  4'here!  shall  he*  two  stateel  s(*ssie)ns  eef  the^  city  e'onncil  eve*iy  year, 
and  they  shall  he*  helel  een  the  se*ce)nel  Meenelays  eef  May  and  October,  at 
such  ])lae*e*s  as  shall  he  })re^se*rihe*el  by  eerellnance. 

19.  Ujee)!!  the*  jeassage*  of  all  hills  appi-eepriating  meeney,  e)f  hills  imi)e)sing 
taxes,  ine*,i-(*asing,  le;ssening,  eei*  aheelishing  lie!e‘ns(*s,  anel  eh*  hills  for  bor- 
rowing me)ney,  the  yeas  anel  nays  shall  he  entereel  een  the  journals. 

20.  All  hills  shall  he  reael  in  e*ach  heexrel  een  thre*e  seve*ral  days,  nnless 
two-thirels  of  the  memhers,  electeel  e)f  the  hoard,  shall  elispense  there- 
with. 

21.  A maje)rity  of  all  the  memlx*rs  (*l(*ct(*el  e)f  (*ae*h  he)arel  shall  he 
nee*essarv  to  i)ass  a tax  hill,  hills  appreepriating,  for  any  leurjeose,  the*  sum 
e)f  live  liunelreel  ele)llars  e)r  upwarel,  anel  hills  in  anywise  increasing  e)r 
diminishing  the  city  revenue. 


74 


C ITY  CHARTER. 


ARtTICLE  in. 

Of  the  Legislative  Power. 

1.  The  approprintions  of  the  city  council,  for  payment  of  interest,  for 
improvements,  and  for  city  exi)enses,  during  any  one  tiscal  y(;ai-,  sliall 
not  exceed  the  amount  of  the  income  of  the  preceding  tiscal  yeai‘;  hnt  it 
shall  be  lawfid  for  said  hoai*d  to  apph'  any  surplus  moneys  in  tlie  treasury 
to  the  extinguishment  of  the  city  debt,  (or  the  creation  of  a sinking  fund 
for  the  payment  of  said  debt),  or  to  the  completion  of  the  city  water- 
works; but  tlie  said  council  shall  apply  the  revenue  received  from  wdiai-f- 
age  (deducting  the  collection  of  the  same,  and  other  incidental  expenses 
attendant  thereon)  to  the  improvement  of  the  wharf,  until  the  same  be 
completed. 

2.  The  mayor  and  city  council  shall  have  power  within  the  city  bv 
ordinance — 

First — To  levy  and  collect  tax^s,  not  exceeding  one  per  centum  upon  all 
property  macle  taxable  by  law  for  State  purposes. 

Second — To  borrow  money  on  the  credit  of  the  city. 

Third — To  appropriate  n'lonej^  iind  i)rovide  for  the  payment  of  the  debt 
and  expenses  of  the  city. 

Fourth — To  make  regulations  to  prevent  the  introduction  of  contagious 
diseases  into  the  city;  to  make  qdarantine  laws  for  that  purpose,  and 
enforce  the  same  witinii  ten  miles  of  the  city. 

Fifth — To  establish  hospitals  and  make  regulations  for  the  government 
thereof. 

Sixth — To  make  regulations  to  secure  the  general  health  of  the  iidiabi- 
tants,  and  to  prevent  and  remove  nuisances. 

Seventh — To  provide  the  city  with  water,  and  to  erect  hydrants,  fire- 
plugs, and  pumps,  in  the  streets,  within  or  beyond  the  boundaries  of  the 
city,  for  the  convenience  of  the  city  and  environs. 

Eighth — To  open,  alter,  abolish,  widen,  extend,  establish,  grade,  pave, 
0]‘  otherwise  improve,  clean,  and  keep  in  repair,  streets,  avenues,  lanes 
and  alleys;  but  the  mayor  and  city  council  shall  not  establish  or  open  a 
street,  lane,  avenue,  or  alley,  through  the  grounds  lying  and  being  situate 
between  Ninth  street  and  Eleventh  street,  and  Washington  avenue  and 
Green  street,  without  the  written  assent  of  the  proprietors  of  the  St. 
Tjouis  University,  so  long  as  the  building  now  used  as  a university  re- 
mains erected  thereon. 

Ninth — To  establisli,  erect  and  keep  in  repair  bridges,  culverts,  and 
sewers,  and  regulate  the  use  of  the  same;  to  establish,  alter,  and  change 
the  channel  of  water  courses,  and  to  wall  them  up  and  cover  them  over. 

Tenth — To  provide  for  lighting  tlie  streets  and  erecting  lamps  thereon. 

Eleventh — To  establish,  support  and  regulate  night  watches  and  patrols. 

Twelfth — To  erect  market-houses,  estaldish  markets,  and  marketplaces, 
and  provide  for  the  government  and  regulation  thereof. 

Thirteenth — To  provide  for  the  ei-ection  of  all  needful  buildings  for  the 
use  of  the  city. 

Eourteenth. — To  provide  for  enclosing,  improving  and  regulating  all  pub- 
lic grounds  lielonging  to  the  city. 

Fifteenth — To  improve  and  preserve  the  navigation  of  the  IVlississipiii 
river  within  the  city. 

Sixteenth — To  erect,  rejiair  and  regulate  public  wdiarves  and  docks;  to 
regulate  the  erection  and  repair  of  jirivate  wharves,  and  to  fix  the  rates  of 
wharfage  thereat. 

Seventeenth— regulate  the  stationing,  anchorage  and  mooring  of  ves- 
sels within  the  city. 

Eighteenth — To  license,  tax  and  regulah^  auctioneers,  grocin-s,  mer- 
chants, retaiho's,  and  taverns,  and  to  license,  tax,  regulate,  and  siipiiri'ss 
ordinaries,  hawkers,  peddlers,  brokers,  jiawnbrokers  and  money 
cJiangers. 

Nineteenth — To  license,  tax  and  r(‘gulate  hackney  carriages,  omnibuses, 
wagons,  carts  and  drays,  and  fix  fhe  rati'S  to  la;  chargial  foi-  tlu^  carriage 
of  persons,  and  of  the  wagonage,  cartage  and  drayage  of  projicrfy. 


( ITV  CIIARTKli.  75 

Twentieth — 'I’o  iiiul  ])()i’tci‘.s,  and  to  lix  tin;  raU;  of 

port  (M‘a  <»•(•. 

Twenty-first — 'fo  licuniso,  tax,  iv^’ulato,  and  .snj)])iv.s.s  tlicatrical  and 
other  exliilntions,  show.s  and  aninsenunits. 

Twenty-second — To  li(HMme,  tax,  resti'ain,  ])roliil)it  and  snp])r(‘ss  ])illiard 
tables,  tii)plin«‘--lionses  and  tlrain-sliops;  and  to  siii)])ress  «ainino-  and 
.uainbling’-hoiist's,  and  other  disoi'derly  houses,  and  to  suppress  bawdy 
liouses. 

Twenty-third — 'fo  ])r()vide  for  th(‘  prevention  and  extin^uislinient  of 
tires,  and  to  oro-anize  and  establish  tire  eompanies;  also,  to  iv^-ulate, 
restrain  oi- i)rolnbit  the  ereetion  of  wooden  buildings  in  any  part  of  the 
city;  to  regulate  and  prevent  the  carrying  on  of  manufaetures  dangerous 
in  causing  or  i)roducing  tires  ; to  appoint  fire  wardens  and  i)roperty 
guards,  with  powder  to  remove  and  keep  away  from  the  vicinity  of  any 
tire  all  idle  and  suspicious  persons  lurking  near  the  same;  and  to"  compel 
any  i)erson  or  persons  present  to  aid  in  extinguishing  sucli  fire,  or  in  the 
preservation  of  property  exposed  to  the  danger  of  the  same,  and  in  pre- 
venting goods  from  being  purloined  thereat,  and  with  sucli  other  po-wers 
and  duties  as  may  be  prescribed  by  ordinance;  to  compel  the  owmers  of 
houses  and  other  buildings  to  have  scuttles  ui)on  the  roofs  of  any  such 
houses  and  buildings,  and  stairs  and  ladders  leading  to  the  same. 

Twenty-fourth — To  regulate  and  order  the  cleaning  of  chimney's,  and  to 
lix  the  fee's  thereof. 

Twenty-fifth — To  regulate  the  storage  of  gunpowder,  tar,  pitch,  resin, 
hemp,  cotton,  and  aH  other  combustible  materials,  and  the  use  of  lights 
and  candles  in  all  stables,  shoi)S  and  other  places;  to  remove  or  i)revent 
the  construction  of  any  tire-place,  hearth,  chimney,  stove,  ov(mi,  boiler, 
kettle,  or  ai)paratus  "used  in  any  house,  building,  manufa(*tory,  or 
business,  which  may  be  dangerous  in  causing  or  promoting  tires;  to 
direct  the  safe  construction  of  deposits  for  aslu's,  and,  severally,  to  enter 
into,  or  to  apj)oint  one  or  more  oliicers,  at  reasonable  times,  to  enter  into, 
and  examine  all  dwelling  houses,  lots,  yards,  (“iiclosures  and  buildings, 
of  every  desci-ii)tion,  in  order  to  discover  whether  any  of  them  are  in  a 
dangej'ous  state,  ami  to  cause  such  as  may  be  dangerous  to  l)e  put  in  sate 
and  secure  condition. 

T wenty-sixth — To  regulate  and  prescribe  the  inaimei-,  and  order  the 
building,  of  partition  and  ])arapet  walls  and  of  i)artition  fences. 

Twenty -seventh — To  establish  standard  weights  and  measures,  and  regu- 
late the  weights  and  measures  to  be  used  in  the  city,  in  all  cases  not 
otherwise  pro^'ided  by  law. 

Twenty-eighth — To  "provide  for  the  inspection  and  measuring  of  lumber, 
and  other  building  materials. 

Twenty-ninth — To  i)rovide  for  the  inspection  and  weighing  of  hay  and 
stom^  coal,  the  measuring  of  (diarcoal,  firewood,  and  oth(*r  find,  to  be 
used  in  the  city. 

Thirtieth — d'o  provide  for  and  regulate  the  inspection  of  beef,  pork, 
tlour,  meal,  oils,  whisky,  and  other  si)iritnous  li(piors,  in  bai-rels, 
hogsheads  and  other  vessels:  Provided,  That  nothing  in  this  act  shall  b(* 
so  construed  as  to  authorize  the  inspection  of  any  article  enumei’ated  in 
this  act,  which  is  to  be  shipped  beyond  th(^  limits  of  this  State*,  except  at 
the  r(*(piest  of  the  ow  ner  or  owners  thereof,  or  of  the  agent  having  charges 
of  the  same. 

Thirty-first — To  regulate  the  ins])ectiou  of  butt(*r,  lard  and  oth(*r  i)ro- 
visions;  to  regulate  the  vending  of  meat,  i)oultry  and  v(*get;\bles;  to 
restrain  and  punish  the  forestalling  of  i)Oultry,  butter,  eggs  and  fruit,  and 
to  suppress  hucksters. 

T hirty-second — To  r(*gulate  the  weight,  (tuality  and  pric(^  of  bread  to  b(* 
sold  aud  used  in  the  city. 

T hirty-third — d\)  regulah*  tin*  size  of  bi’icks  made  or  us(‘d  in  tln^  city.  ^ 

T hirty-foarth — To  provide  for  the  taking  and  enumeration  of  the  inhabi- 
tants of  the  city. 

T flirty-fifth — To  r(*gulate  tin*  el(*ction  of  all  (*l(*etiv('-  city  otlicers,  and 
provide  for  removing  from  ollic(^  any  person  holding  an  olUce  created  by 
this  act,  or  by  ordinance,  not  otherwise  provid(‘d  tor. 


76 


CITY  CHARTER. 


Thirty-sixth — To  i)rovi(lo  for  tlie  ai)])ointiiuMit  of  all  officers,  servants 
and  agents  of  the  eori)oration,  not  otlna-wise  pi-ovided  for. 

Thirty -seventh — To  tix  the.  eoinpensafion  of  the  eity  otlieers,  and  i’(‘»nlate 
the  fees  of  all  jurors,  witnesses  and  others,  for  services  rendered  under 
this  act  or  any  ordinance. 

Thirty-eighth — To  ]‘eo’nlat(‘ th(?  ])olic(‘ of  the  city;  to  impose  liiK's,  for- 
feitures ami  penalties  for  the  breach  of  any  ordinance,  and  provide  for  the 
recovery  and  a])])roi)riating’  of  such  fimis  and  forfeitures,  and  the  enforce- 
ment of  such  penalties. 

Thirty-mnth — To  erect  a woj-khoiise  and  house  of  correction,  and  pro- 
vide for  the  regulation  and  government  thereof. 

Fortieth — To  creah*.  the  office  of  i)oi-t  warden,  and  detine  the  duties 
thereof,  and  to  regulate  and  license  all  ferries  within  the  limits  of  the  city. 

Forty-first — To  levy  and  collect  a i)oll  tax,  not  exceeding  titty  cents, 
upon  every  tree  white  male  person  over  twenty-one  years  ot  age,  who 
shall  have  resided  six  months  within  the  city. 

Forty-second — To  remove  all  obstructions  from  the  sidewalks,  and  to 
provide  for  the  construction  and  repair  of  all  sidewalks  and  curb-stones, 
and  for  the  cleaning  of  the  saim*,  and  of  tlie  gutters,  at  the  expense  of 
the  owners  of  the  ground  fronting  thei-eon. 

Forty-third — To  prevent  and  restrain  any  riot,  rout,  noise,  disturl)anc(‘. 
or  disorderl}'  assemblages  in  any  street,  house  or  ])lace  in  the  city. 

Forty-fourth — To  prevent  and  remove  all  encroachments  into  and  upon 
all  streets,  lanes,  avenues,  and  alleys  established  by  law  or  ordinance. 

Forty-fifth — To  exercise  eomi)lete  and  perfect  conti-ol  over  the  (*om- 
mon,  ainl  all  of  the  property  belono-iug  to  the  city,  real  or  ])ersonal, 
whether  lying  within  or  l)eyond  the  limits  of  the  corporation  creatcnl  by 
this  act,  and  the  same  to  lease,  sell,  transfer,  and  dispose  of.  either  abso- 
lutely or  with  limitation,  to  any  person  or  jiersons  whatsoever;  and 
generally  to  make  such  rules,  regulations,  by-laws  and  ordinances,  for 
the  purjiose  of  maintaining  the  peace,  good  government  and  order  of  tin* 
city  of  St.  Louis,  and  the  trade,  commerce  and  manufactm-es  thereof,  as 
the  city  council  may  deem  expedient,  not  reiiugnant  to  the  constitution 
or  laws  of  this  Stafe;  and  also  to  enforce  the  observance  thereof,  by 
intlicting  iienalties  upon  any’ inhabitant  thei'eof,  or  other  person  or  ])er- 
sons,  for  the  violation  of  any  ordinance,  not  exceeding  tive  hundred 
dollars  for  any  one  olfense,  recoveralile  with  costs,  in  any  action  of  debt, 
by  and  in  the  name  of  the  city  of  St.  Louis,  for  the  use  of  the  city,  liebm* 
any  court  having  cognizance  of  the  same. 

3.  The  city  council  shall  have  power,  subject  to  the  restriction  in  th(' 
last  clause  of  the  preceding  section,  to  make  all  ordinances  which  shall  be 
necessary  and  ])roper  for  carrying  into  etfect  the  ])Owers  specilic'd  in  the 
prec('ding  section,  and  all  other  ])owei‘S  vested  by  "this  act  in  the  corpora- 
tion, the  city  govei-nment,  or  aipy  department  or  ollicer  thereof. 

4.  Xo  money  shall  be  expended,  nor  shall  any  improvement  b(‘ 
ordered,  involving  an  exi)enditui‘e  of  money,  except  by  ordinanee,  the 
provisions  of  which  shall  be  specitic  and  detinite. 

5.  Every  l)ill  which  shall  have  been  passed  by  both  bi‘anch(\s  of  the.  city 
council  shall,  before  it  becomes  a law,  he  i)resented  to  the  mayor  for  his 
api)robation.  If  he  approve,  he  shall  sign  it;  if  not,  lu' shall  ndiirn  it. 
with  his  objections,  to  the  boai-d  in  which  it  originatcal,  which  ohj(‘ctions 
.shall  be  entered  at  large  on  the  iournal,  and  the  hill  be  reconsiiUuvd . 

0.  If,  aftt*r  such  reconsideration,  three-tifths  of  all  the  members  elecb'd 
to  the  board  in  which  the  hill  originated  shall  agree  to  ])ass  th(‘  same,  it 
shall  be  sent,  together  with  the  obj(*ctions  of  tlu^  mayoe,  to  tlu'  otiier 
branch  of  tin;  city  council,  by  whicli  it  shall . in  lik(' maniKU*,  b(*  recon- 
.sidered,  and  if  passed  by  three-tifths  of  all  the  members  elected  to  that 
branch,  it  shall  become  a*  law. 

7.  In  all  such  cases  the  votes  of  both  brancluvs  shall  be  taken  by  yeas 
and  nays,  and  entei-ed  on  the  journals  of  (aich  branch,  i-(“spectively. 

8.  If  any  hill  shall  not  b<^  retui-ned  by  the  mayoi-  in  live  days  (Sundays 
<*xcept(‘d)  afbn-  it  shall  have  bec'ii  pivsented  to  him  for  his  apiu-obation . 
th('  same  shall  become  a law  in  the  same  manner  as  if  lu*  had  ai)pi-ov(‘il 
and  signed  it. 


CITY  (IIAKTKU. 


/ i 

1).  Kv('ry  ivsoliitioii  to  which  th(‘  concurrciKH'  of  both  ])i-;incli(‘,s  of  the 
city  (‘OiiMcil  shall  he  lu'cessary  ((‘xc(‘i)t  iu  eases  ot  adjounmuait)  shall  Ixi 
l)r('seiite(l  to  the  nuiyor,  and,  hefoiH*  the  same  shall  take  etfect,  shall  he 
proeeeded  upon  in  tin*  same  mannei-  as  in  ease  of  a hill. 

10.  Th(‘  style  of  the  oi'dinanees  of  tlu*  eity  shall  he:  '■  45e  it  ordained  hy 
the  eity  eonneil  of  the  city  of  St.  Louis.  ’ ’ 

11.  All  ordinan(*es  i)assed  hy  the  city  eonneil  shall,  within  live  days 
after  th(‘y  heeome  laws,  lx?  published  in  two  newsi)apers  published  in  tlie 
eity  of  St.  J./onis,  wliieli  shall  he  of  dillerent  politics. 

12.  All  ordinances  of  the  eity  may  he  i)i‘oven  by  the  seal  of  the  eor- 
poration,  and,  Avhen  piloted  and  published  by  authority  of  the  corpo- 
ration, the  same  shall  be  received  in  evidence  in  all  courts  and  places, 
w ithout  further  iiroof. 

13.  The  president  of  the  lioard  of  aldermen  shall  exercise  the  duties 
and  receive  the  comiiensation  of  mayor  wdienever,  and  so  lone- as,  fj-om 
any  cause,  said  office  of  mayor  shall  be  vacant,  or  the  mayor  be  absent 
fr()m  the  cit}". 


AETICLE  IV. 

Executive  and  Ministerial  Offices. 

1 . The  chief  executive  offi(*er  of  the  city  shall  be  the  mayor,  w1io  sliall 
be  elected  by  the  (pialitied  vobu's  of  the  city,  and  wdio  shall  hold  his  office 
for  the  term  of  one  year,  and  until  his  successor  is  duly  elected  ajul 
({ualilied. 

2.  No  person  shall  b(^  mayor  who,  at  the  time  of  his  election,  is  not 
])ossessed  of  the  (pialilications  reiinired  for  an  alderman  or  deh'c-ate,  or 
who  holds  any  hua-ative  offici;  under  the  authority  of  the  Unibxl  States. 

3.  When  two  or  more  iiersons  shall  have  an  equal  nnmbei-  of  vot(‘S  for 
the  office  of  mayor,  the  tw'o  branches  of  tin*  city  council  shall  decider  tlx* 
election  l)y  joint  vote. 

4.  Whemwer  an  election  tor  maj'or  shall  h(‘  contested,  the  two  branches 
<»f  the  city  council  shall  (hdermine  the  same  hy  joint  vote. 

o.  Whenever  any  vacam*y  shall  hapixm  in  the  office  of  mayor,  it  shall 
be  tilled  by  dectioii  in  such’  maniuM-  as  shall  be  provided  for  by  ordinance. 

().  The  may(u-  may  be  removed  from  office  for  any  misdemeanor,  by  a 
majoi’ity  of  two-thirds  on  joint  vot(‘  of  both  branehes  of  tlu^  city  council. 

7.  41ie  mayoi-  shall  have  tlx*  pow(‘r  to  nominab!,  and.  by  and  w ith  tlx* 
consent  of  the  board  of  aldernx'ii,  to  appoint  all  city  otlicers  not  ordered 
by  this  act  to  Ix^  otlxn-wlse  ai)i)oint(“d;  he  shall  take  cai-e  that  the  hnvs  of 
the  state  and  tlx;  ordinam*es  of  the  city  are  duly  eidbrced,  res})ected  and 
ol)sei’ved  within  the  city;  he  may  rennt  tiix's,  forfdtm-es  and  p(Mialti('s, 
a<*ci-nino'  from,  or  im])OS(*d  foi-,  the  violation  of  any  oi’dinance  of  tlx*  city; 
he  may  till  all  vacancies  w hich  may  <x-cnr  in  any  (‘lective  ollice,  otlx*i-  than 
that  of  alderman  oi*  d(*le»‘at(!,  until  the  sanx*  lx*  hik'd  by  election,  and  in 
any  other  olliev  until  tlx*  end  of  tlx*  session  of  the  board  of  ald(*rmen 
which  shall  next  ha[)ixai  aft(‘i-  tlx*  vacancy  shall  hav(^  oeenrred;  lx*  shall, 
Ironi  time  to  tinuq  ^ive  to  tlu*  city  council  iidbi-mation  relative  to  tlx*  stab* 
of  the  city,  and  shall  i-{!Comnx*mi  to  tlieii*  consi(k‘ration  such  measni‘es  as 
Ix^  shall  (U*(*ni  (*xi)edieid;  foi-  the  advanta^’e  of  tlx*  city. 

8.  The  mayor  may  call  special  sessions  of  tlx*  city  eonneil,  or  eith(*r 
board  tlxu-eof,  by  jn’oclamation. 

h.  Wheix'ver  a sp(Hlal  s(*>sion  of  the  city  council,  or  (‘ltlx*i-  board  there- 
of. shall  hav(i  ])een  called  by  the  mayor,  he  shall  stab*  to  them,  when 
assembled,  the  cause  for  w hich  tlx*y  have  b(*en  eonvc“ix*d. 

10.  Then*  shall  Ix^  a city  register,  eity  auditor,  city  treasm-er,  city  mar- 
shal, city  attoi-ix^y,  and  city  en^inecir,  wlx),  in  addition  to  tlx*  duties 
pr(*scrihed  by  this  act,  shall  ]x*rform  such  otlx*r  dnti{*s  as  may  lx*  i)re- 
scril)ed  by  onlinaiu;e;  tlx*re  shall  also  be  such  oth(*r  otlicers,  servants  and 
assents  of  the  eori)oration  as  may  b(^  ])rovid(*d  by  oi'dinanee,  to  be 
a])i)ointed  by  tlx*,  mayor,  by  and  with  the  advice  and  cons(*nt  of  tlx^  board 
of  aldermen,  and  to  perform  such  duties  as  may  he  prescribed  by 
ordinance. 


78 


C ITY  ( irAUTKlI. 


n.  Tlie  city  register,  city  auditor,  city  attorney,  and  city  marshal, 
sliall  be  elected  by  the  (lualihed  Yot(‘rs  for  the  ottiee  of  niayoi',  aldermen 
and  deh'gates;  and  the  city  eng-ineer  and  city  treasurer  shall  ])e  ap])ointed 
l)y  the  mayor,  by  and  ^vith  the  advice  and  consent  of  the  hoai-d  of  aider- 
men;  they  shall  hold  their  othces  for  one  year,  and  until  their  successoi-s 
are  duly .qualitied. 

12.  It  sliall  be  the  duty  of  the  city  register  to  keep  a record  of  all  the 
olticial  acts  of  the  mayor,  and,  when  necessary,  to  attest  them;  he  shall 
kee})  and  preserve  in  his  otlice  the  common  seal  of  the  city,  and  all 
i*ecords,  public  papers  and  documents  of  the  cit}'  not  propialy  belonging 
to  any  otlier  othce. 

13.  It  shall  be  the  duty  of  the  city  auditor  to  prescribe  the  mode  of 
keeping,  stating  and  rendering  all  accounts,  unless  otherwise  provided 
liy  ordinance,  between  the  city  and  any  person  or  body  corporate. 

14.  It  shall  be  the  duty  of  the  city  treasurer  to  receive  and  keep  the 
money  of  the  city,  and  to  pay  out  the  same  on  warrants  drawn  by  the 
auditor. 

15.  The  city  marshal  shall,  within  the  city,  in  matters  of  a criminal 
nature,  arising  under  any  law  of  the  State,  possess  the  same  powers, 
perform  the  same  duties,  and  receive  the  same  compensation  as  eith<*r 
constable  ot  St.  Louis  towmship;  he  slndl  execute  and  return  all  piocess 
issued  by  the  mayor,  recorder,  any  aldei-iiian  or  justice  of  the  peace, 
under  this  act,  or  any  ordinances  of  the  city. 

IG.  It  shall  be  the  duty  of  the  city  engineer  to  supei’intend  the  construc- 
tion of  all  public  works  ordered  by  the  city;  to  make  out  plans  and 
estimates  thereof,  audio  contract  tor  the  execution  of  the  same;  and  to 
perform  all  surveying  and  engineering  ordered  by  the  city:  Provided, 
however,  Such  phlns  and  contracts  shall  1)0  lirst  approved  by  thV  two  boards 
of  the  council,  or  they  shall  not  be  valid. 

17.  The  mayor  and  all  other  oflicers  of  the  <*or])oration  shall  resides 
within  the  limits  of  the  city  during  their  continuance  in  otlice;  and  if  the 
mayor  of  the  corporation  shall  cease  to  reside  within  the  limits  of  the 
city,  his  otlice  shall  be  thereby  vacated. 

18.  Th(a-e  shall  be  a recorder,  who  shall  be  a resident  of  the  city,  and 
shall  possess  the  same  (pialitications  as  the  mayor,  under  the  provisions  of 
this  act,  who  shall  be  elected  at  the  same  time  the  mayor  and  aldermen 
are  elected,  and  shall  hold  his  otlice  for  two  years,  and  until  his  successor 
is  duly  elected  and  qualitied;  such  recorder  in  ay  be  removed  ti-om  otlice  in 
the  same  manner  as  the  mayor;  he  shall  have  the  same  jurisdiction  as 
justices  of  the  peace  witliin  the  limits  of  the  city,  in  all  State  cases;  h(‘ 
shall  have  a jurisdiction  over  all  cases  arising  under  any  ordinance  of  said 
city,  subject,  however,  to  an  appeal,  in  all  cases,  to  tin*  St.  Louis  criminal 
court,  and  eveiy  such  appeal  shall  be  taken  and  granh'd  in  the  same 
manner  as  ajiiiea'ls  are  taken  from,  and  granted  by,  justices  of  the  peace 
to  the  criminal  court,  under  the  general  law  of  tlie  State.  lie  shall 
charge,  in  all  cases,  the  same  fees  which  are  now  allowed  to  justices  of 
the  peace  for  the  same  kind  of  services,  which  shall  lx*  chai-ged  and 
collected  as  other  costs,  and,  when  collected,  paid  into  the  city  treasury . 

11).  The  recorder  shall  make  a semi-annual  re])ort  of  all  fees  charged  for 
his  seiwices,  which  re])ort  shall  ])e  verilied  by  atlidavit  and  returned  to  thy 
mayoi-.  who  shall  submit  the  same  to  the  first  meeting  of  the  city  council 
thei-eafter. 

20.  The  recordei-  shall  receive  a salary  not  to  excec'd  twelve  hundred 
dollars  pei-  annmii,  to  be  fixed  by  ordinance,  and  paid  out  of  the  city 
treasury. 

ARTICLE  V. 


Of  Electiom- 

L A genei-al  election  for  all  the  oflicers  of  the  cori)oration,  r(‘([uir(*d  to 
be  elected  by  this  act  or  any  ordinance  of  the  city,  shall  be  holden  on  tin* 
lirst  Monday  of  April  in  each  year. 

2.  At  all  elections  tor  city  oflicers  tin*  voters  shall  vote  by  ballot,  and 
only  in  the  wards  wherein  they  respectively  reside. 


( ITV  CHARTER.  70 

:E  .huljSi’os  of  (‘loction  shiill  lx*  i(i)i)()int(*(l  by  tlu'  l)oar(l  of  aldonnoo; 
tlioy  shall  tak(‘  an  oath  to  faithfully  and  iini)ai-tially  discharge*  th(*ir  dnti(‘s; 
they  shall  oixni  the  i)olls  at  sinnise  and  close*  them  at  snns(*t,  when  th(*y 
shall  forthwith  proceed  to  ascertain  and  certify  the  resnlt  of  tlie  election, 
in  pr(*s('nce  of  so  many  of  the  candidate's  e)r  other  i)e*rse)ns  of  all  pai'ties, 
indiscriminately,  as  e-an  be  e*e)nv(‘ni(‘ntly  ae‘e‘e)mme)elated  in  the  roe)ni 
se'h'cte'd  for  the*'i)nrpe)se*:  Provided^  That  there  shall  never  be  less  than  ten 
voters  pre'sent  at  any  count,  if  so  many  elesire  to  l)e  presemt. 

4.  No  ele*ctie)n  shall  be  held  in  a o]-ooshe)p,  oi-  othe*r  place  where  intoxi- 
cating’ rnpiors  are  vended. 

5.  All  persons  qnalitie*d  as  ek'ctors,  under  the  tenth  see*tie)n  of  tlie  thirel 
artie*le  of  the  e*onstitiition  of  the  state  of  Missoni’i,  who  shall  have  resided 
six  months  within  the  city,  and  one  month  within  the  ward  where  they 
otter  to  vote,  n(*xt  i)receding'  the  election,  shall  be  deemed  (pialiheil  voters 
at  all  elections  for  city  otli(;ers. 

().  Elections  for  city  otlicei’s  shall  continue  but  one  day.  and  during 
that  day  the  polls  shall  not  be  closed  under  any  ])retense  whatsoever. 

7.  Special  elections  to  till  vacancies  shall  l)e  held  under  such  regulations 
as  may  be  provided  for  by  law  or  ordinance. 

ARTICI.E  YI. 

Of  Opening  and  Improving  Streets. 

1 . It  shall  not  l)e  lawful  for  the  city  council  to  grade,  pav(*.  macadamize*, 
clean,  water,  or  light  any  street,  lane  or  avenue,  not  established  and 
op(*ned  a(*.cording  to  law  and  ordinanee.  It  shall  be  lawful,  nev(U’thel(*ss, 
for  the  city  council  to  order  the  owner  or  ownei’s  of  grountl  fronting  on 
any  private  alley  to  ke(*p  the  same  clean,  and,  if  necessary  thereto,  to 
direct  him  or  them  to  i)ave  the  same. 

2.  AVIien  it  is  necessary  to  take  private*  })rop(*rty  for  ope'iiing.  widening, 
or  altering  any  public  street,  lane  or  avenue,  the  corporalion  shall  make 
a just  compensation  therefor  to  the  person  whose  pi^ojeerty  is  so  taken, 
and  if  the  amonnt  of  sneh  coni])ensation  can  not  be  agreed  upon,  the 
mayor  shall  cause*  the  same  to  be  ascertaineel  l)y  a Jury  e)f  elisintereste*el 
lreehe)lele*rs  e)f  the  city. 

3.  In  e)])ening,  altering  or  wielening  alle-ys  tlu’ongh  the  ble>e‘ks  or 
squares  e)f  the  e-ity,  the  same  pi’oceeeling's  shall  be  hael  as  in  case  eef  eepen- 
ing,  w4ele*ning  or  altering  pulelic  stivets,  lanes  eei-  avenues,  with  this  aeleli- 
tion,  that  the*  jury  shall  asce*rtain  the  amount  e)f  be*ne*lit  that  shall  ae-vrue 
to  the*  pe*i’son  whose  pre)[)erty  is  take*n,  anel  those*  win)  may  have*  petitione-el 
for  the  e)pening,  w ielening  elr  alte*ring  e)f  such  alle*y. 

4.  \Vhen  the  ow'ne*rs  eef  the*  maje)r  part  e)f  the*  front  e)f  all  the  pro])erty 
e)n  the;  stre*e*t,  lane,  avenue  e)r  alley,  pi’e)pose*el  to  be*  e)pe*ne*el,  wielene*el  or 
alte*i’e*el,  shall  pe*tition  there*for,  the  maye)i’  and  city  e*oune*il  may  eejeen, 
wiele*n  eer  alte*r  siu'h  st)’e*e*t,  lane*,  ave*nne*  en-  alle*y,  upeen  e*e)nelitie)ns  te)  be* 
])re*se*i’ibe*el  by  e)relinane*e* ; but  ne)  ceenqee'iisatie)!!  shall,  in  sne*h  case,  be* 
maele*  to  those  wheese*  pi’e)pe*i’ty  shall  be  take*n  tor  ope'iiing,  wiele*ning’  eei- 
altering  sne*h  stre*e*t,  lane,  avenue*  e)r  alle*y,  who  have  pe*'titie)ne*el  tor  the* 
same*;  neer  shall  the*re  be  any  asse*ssme*nt  eef  be*ne*fit  e)r  elamages  that  may 
ae*e*i-ne*  thei’e*by  te)  any  e)f  the*  i)e*tilie)ne*i’s. 

5.  All  jnre)rs  impanne*led  te)  ine[nire*  inte)  the*  amount  e)f  be*nelits  or 
elamages  whie*h  shall  hapi)e*n  te)  the*  e)wne*r  e)f  ])i’e)i)erty  propeeseel  te)  be* 
taken  for  e)pening,  w iele*ning  e)r  altering  any  stre*e*t  lane*,  avenue  e)r  alle*y, 
shall  lirst  be  sweern  to  that  e*tfe*e*t,  anel  shall  return  te)  thee  mayeer  the*ir 
Impie'st.  in  w riting,  and  signe*el  by  eae*h  jnre)r. 

().  4'he*  maye)r  shall  have  pe)W’e*r,  fe)r  goeeel  eausee  shown,  within  ten  elays 
after  any  inepie*st  shall  have  be*e*n  returneel  to  him,  as  me*ntie)ne*el  in  the* 
l)re*e*e*eling  sectieen,  to  set  the  same  aside*,  anel  to  eanise  a new'  inepiest  te)  be* 
made. 

7.  'riie  mayor  anel  e*ity  ceenncil  shall  have  peew'er,  by  e)i-elinane*e,  te) 
entbi-ea!  the*  paynu'iit  e)f  all  sums  which  a jury  shall  ele*e*laree  to  be;  the 
aine)nnt  e)f  be*netits  accruing  te)  the  e)wne'rs  e)f  prope*rty,  ni)e)n  any  alle*y 
whie'h  shall  be  e)pe*ne*el,  w'ideneel,  or  altere*el.  if  the  e)w  nei’  be  one  of  tin* 
l)e?titioners  for  the  e)pening,  widening  or  altering  such  alley. 


80 


CITY  CJIAllTEll. 


8.  The  mayor  and  city  conncil  shall  have  power,  by  ordinance,  to  levy 
and  collect  a' special  tax  on  the  holders  of  the  lots  on  any  strc'ct.  lane, 
avenue  oi’  alley,  or  part  of  any  str<'(d,  lane,  avenne  or  alley,  according"  to 
the  resi)ective  fronts  owned  by  them,  for  the  purpose  ot  ])avin<>- oi-  <i-i-adin^ 
sneh  street,  lane,  avenne  or  alley:  Provided,  alwar/H,  Such  tax  shall  not 
exceed  one-half  of  om*  ])(*r  centum ; nor  shall  the  i^radino-  oi-  i)avin2^  he 
done  at  the  expense  of  flu*  owners  of  the  lots  fronting-  on  tTu'  street,  lane, 
avenue  or  alley,  unless  a petition  for  such  i)avino-  and  o^radin^-,  si^'iied  by 
the  owners  of  a major  i)art  of  the  ground  fronting  thereon,  be  presented 
for  such  purpose. 

9.  The  city  conncil  shall  have  i)Ower,  by  ordimmee,  to  direct  the  man- 
ner in  which  any  property,  real  or  i)ersonal,  advertised  foi-  sale  or  sold 
for  taxes,  by  authority  of  the  corporation,  may  be  redeemed. 

10.  Lands  within  the  limits  of  the  city,  which  have  not  been  laid  off 
into  blocks  or  lots,  shall  not  be  assessed  or  taxed  otherwise  than  by  the 
acre,  as  agTicnltural  lands,  and  shall  continue  to  be  so  assessed  and  taxed 
till  laid  otf  into  blocks  or  lots  by  the  owners  thereof,  respectively:  and 
the  owners  of  sneh  lands,  in  laying  ott‘  the  same  into  blocks  or  lots,  shall 
so  arrange  the  streets  that  they  shall  correspond  with  previously  estab- 
lished streets  of  the  city. 


ARTICLE  VII. 


Miscel laneous  Provisions. 


1.  The  city  council  shall  cause  to  be  pnblished,  within  one  month  after 
the  end  of  each  fiscal  year,  a fnll,  comi)lete  and  detailed  statement  of  all 
the  moneys  received  and  exi)ended  by  the  corporation  during  the  pre- 
ceding fiscal  year,  and  on  what  account  received  and  expended,  classifying 
each  reeeii)t  and  expenditure  umk'r  its  api)ropriate  head. 

2.  All  ordinances  and  resolntions  now  in  force  in  the  cit}'  of  St.  Lonis, 
and  not  inconsistent  with  this  act,  shall  remain  in  force  until  altered, 
modified,  or  repealed,  under  this  act. 

3.  All  suits,  actions  and  lu-osecutions  instituted,  commenced  or 
l)ronght  by  the  corporation  hert‘l)y  created,  shall  be  instituted,  com- 
menced and  ])rosecnt(Hl  in  the  name  of  ‘ ^ The  city  of  St.  Lonis. ' ’ 

4.  All  actions,  fines.  ])enalties,  and  forfeitures,  which  have  accrued  to 
the  city  council  of  St,  lamis,  or  to  the  city  of  St,  Lonis.  shall  be  vested 
in,  ami  prosecuted  for,  b}^  the  corporation  hereby  created. 

5.  All  ])i‘oi)ertv,  real  and  i)ersonal,  heretofore  Ixdon 


habitants  of  the  town  of  St.  Louis,  oi*  the  trustees  of  said  town,  in  their 
corporate  ca])acity,  oi'  to  the  “iNIayor,  Aldernuai,  and  citizens  of  the 
city  of  St.  liouis,  ’'  or  to  the  city  caumcil  of  the  city  of  St.  Lonis,  or  to 
the  city  of  St.  Louis,  shall  be,  and  the  same  is  hereby  declared  to  be, 
vested  in  the  corporation  hereby  created. 

0.  This  charter  shall  not  invalidate  any  act  done  b}’  the  “ INIayor, 
Aldermen  and  citizens  of  the  city  of  St.  Isolds,’'  or  tlu'  city  council  of  tin* 
city  of  St.  Lonis,  or  the  city  of  St.  Lonis,  nor  divest  them  of  any  light 
which  may  have  accrued  to  them  jirior  to  tlu*  passage  of  this  act. 

7.  The  general  assimibly  may,  at  any  lime,  alter,  amend  or  repeal  this 
charter. 

8.  This  act  is  deelari'd  to  be  a ]mblic  act,  and  may  be  read  in  ('vidence 
in  all  conrts  of  law  and  equity  in  this  State,  without  proof. 

9.  The  mayor  of  the  city  of  St.  laiuis  shall,  immediately  after  Ihe 
jiassage  of  this  act,  take  n'leasm-es  to  i)i-omulgate  this  law  within  the 
limits  of  the  city  of  St.  Louis. 

10.  The  city  of  St.  Louis  shall  have  ])ower  to  (‘reef  and  organize  a 
workhouse  in  St.  Lonis  conidy ; and  any  jierson  who  shall  fail  oi- lu'glect 
to  ])ay  any  lim;  or  costs  imiiosed  on  iVnn  by  any  ordlnanc(‘.  of  lh('  city 
of  St.  TiOnis,  for  any  misdenu'anor  or  bri'acli  of  any  ordinamx'  of  said 
city,  shall,  instead  of  being  committed  to  the  jail  of  IIk*  county,  be 
(M)nunitted  to  the  workhouse  until  such  line  and  costs  b<‘  fully  paid: 
Provided,  however.,  That  no  such  imprisonnuud  shall  (‘xceed  th(^  period  of 
six  months  for  ain'  om;  ollense. 


CITY  CHARTER. 


81 


11.  Every  pci’soii  so  coniinitted  to  the  workhouse  shall  l)e  required  to 
work  for  the  city  at  such  labor  us  his  health  and  strength  will  i)erniit, 
within  or  without  said  workhouse,  not  exceeding  ten  hours  each  day,  uinl 
for  such  work  and  labor  the  person  so  enii)loyed  shall  be  allowed,  exclusive 
of  his  board,  titty  cents  per  day  for  each  day’s  work,  which  amount  shall 
go  toward  paying  such  line  and  costs. 

12.  The  inhabitants  of  St.  Ta)uis  are  hereby  exempted  from  working 
upon  any  road  beyond  the  limits  of  the  eity,  and  from  paying  any  tax  to 
procure  laborers  for  working  on  the  same." 

13.  The  city  shall  not,  at  any  time,  become  a subscriber  for  anj^  stock 
in  any  corporation. 

14. "  The  liscal  year  of  the  city  shall  terminate  on  the  day  preceding  the 
second  Monday  of  April  in  eacli  year. 

15.  There  shall  be  a digest  of  the  ordinances  of  the  city,  which  are  of  a 
general  nature,  published  within  six  months  after  the  passage  of  this  act, 
and  a like  digest  within  every  period  of  three  years  thereafter. 

10.  Whenever  anj-  revenne  or  other  city  ollicer,  accountable  as  such  for 
money  received  or  receivable  by  him,  shall  neglect  or  refuse  to  pay  into 
the  treasury  of  the  city  the  sum  or  balance  reported  by  the  auditor  to  be 
due  from  him  to  the  city,  upon  the  adjustment  of  his  account,  the  mayor 
shall  order  suit  to  be  conmienced  in  the  proper  court  against  such  delin- 
quent officer,  for  sucli  sum  or  balance,  adding  thereto  the  commissions 
of  the  delinquent,  which  shall  be  forfeited  in  every  instance  where  suit  is 
commenced  and  judgment  obtained  thereon,  and  an  interest  of  six  per 
cent,  per  annum  from  the  time  of  receiving  the  money,  or  when  it  shall 
have  been  received,  until  it  shall  be  paid  into  the  treasury. 

17.  In  every  case  of  delinquency,  where  suit  has  been  or  shall  be  insti- 
tuted, a trans"ci-ipt  li-om  the  books  of  the  auditor,  certified  by  him,  shall 
be  admitted  as  evidence,  and  the  courts  trying  the  cause  may  grant  judg- 
ment and  award  execution  accoi-dingly . 

18.  When  suit  shall  be  instituted  against  any  delimpient  as  aforesaid, 
the  court,  where  the  same  may  be  pending,  shall  grant  judgment  at  the 
return  term,  upon  motion,  unless  the  defendant  sliall,  in  open  court  (the 
city  attorney  being  iiresent)  make  oath  or  affirmation  that  lie  is  entitled 
to  credits  which  had  lieen,  ])revious  to  the  commencement  of  the  suit, 
submitted  to  the  consideration  of  the  auditor  and  rejected,  s[)ecifying  each 
partiiailar  itcan  so  rejech'd  in  the  atlidavit,  and  that  he  cannot  then  safely 
conn' to  trial:  oath  or  affirmation  to  this  elfeet  being  made,  subscribed 
and  tiled,  if  the  court  be  thereuiion  satislied,  a continuance  until  the  next 
succeeding  term  may  be  granteil,  but  not  otherwise. 

19.  In  suits  such  as  aforc'said,  no  claim  for  a credit  shall  be  admitted 
uj)on  trial  but  such  as  shall  ajiiiear  to  have  been  pi'(‘sented  to  tin*  auditor 
for  his  examination,  and  by  him  disallowed  in  wlioh;  or  in  part,  unless  it 
be  jiroved  to  the  satisfaction  of  llu!  court  that  tin*  defendant  is,  at  the  time 
of  the  trial,  in  iiossession  of  vouchers,  not  befori*  in  his  iiowei*  to  iirocure, 
and  that  h(‘  was  jireventi'd  from  (“xhibiting  a claim  for  such  credit  to  the 
auditor  by  some  unavoidable  accident. 

20.  On(*-half,  at  least,  of  the  revenne  of  each  year  shall  be  apiiropriated 
to  deti-aying  the  back  and  curnmt  int(*r(‘st  on  the  debt  owing  by  tin*  city, 
cieated  by  way  of  loans  to  her,  the  (;i-ection  of  wat(*rworks,  and  lighting 
of  the  city  conjointly.  A seiiarah*  account  shall  be  kept  of  such  aiipropria- 
tion  and  the  (lisbui-sinnents  thereof;  and  if  any  such  approjiriations  shall 
l)e  diverted  from  the  approjiilati*.  obj(*cts,  each  menffier  of  the  council 
voting  for  such  misaiipropi-iation,  aild  the  mayor  apiiroving  any  bill  or 
resolution  making  such  misappi'opriation,  shall  be  liable  to  the  city  in  his 
individual  estate  to  the  amount  of  such  misaiipropriation : Provided,  how- 
ever, Any  excess  at  tln^  end  of  any  liscal  yi'ar,  remaining  after  the  exjx'nses 
attendant  on  those*  objects  are  li(piidat(*d,  and  jiaid,  shall  constitute  a 
sinking  fund  for  the;  discharge  of  the  debt  or  d(*bts  of  the  city,  made  by 
\yay  of  loans  to  h(*r,  and  may  be  so  appropriated;  and  if  any  appropria- 
tion be  niad(!,  in  otlnu-  res[)ects  contrary  to  this  act,  each  m(‘mb(*r  of  tlu^ 
city  council  voting  for  such  approiirialion,  and  the  mayoi- apiiroving  any 
bill  (any  bill)  or  resolution  making  such  ajiiiropriatioii,  shall  be  liable  to 
the  city  in  his  individual  estate  to  the  amount  ot  such  aiipropriation:  Pro- 

0 


82 


CITY  CIIARTOR. 


vided,  however^  Any  excess,  remaining  after  all  legal  appropriations  for  one 
year,  shall  constitute  a siiiking  fniKl  for  the  discharge  of  the  debt  of  the 
city,  made  by  loans  to  her,  and  niaj^  be  so  appropriated. 

21.  A separate  account  shall  be  kept  of  the  revenue  applicable  to  the 
different  objects,  in  this  act  indicated,  and  of  the  disbursements  on 
account  of  each. 

22.  At  each  session  of  the  city  council,  stated  or  special,  and  on  the 
first  day  thereof,  the  auditor  aiid  treasurer,  under  such  penalty  as  may  be 
prescribed  by  ordinance  for  neglect  thereof,  shall  lay  before  each  board  of 
the  council  and  the  mayor,  a statement  showing  tlie  amount  of  income 
derived  from  the  revenue  of  the  preceding  liscal  year,  and  the  appropria- 
tions for  the  different  objects  to  which  the  ixivenue  is  applicable  during 
the  then  current  fiscal  year,  certified  by  them  jointly. 

23.  No  warrant,  bond,  bill  or  note,' shall  be  issued  by  the  city  to  any 
creditor  of  the  city,  for  less  than  one  thousand  dollars,  or  the  entire 
amount  due  by  the  city  to  such  creditor,  if  the  same  be  less  than  such 
sum,  or  the  balance  remaining  due  to  such  creditor,  after  the  issue  to  him 
of  such  thousand  dollar  securities. 

24.  All  acts  and  parts  of  acts  contrary  to,  and  inconsistent  with,  the  pro- 
visions of  this  act,  or  within  the  purview  thereof,  except  the  seventeenth 
section  of  the  act  entitled  ‘‘An  act  to  amend  an  act  to  incorporate  the 
city  of  St.  Louis,  ’ ’ approved  8tii  of  February,  1839,  are  hereby  repealed. 

25.  The  present  city  council  shall  exercise" all  of  the  powers  and  func- 
tions vested  in  the  council  under  this  act,  until  superseded  under  the  same; 
and  they  shall,  as  soon  as  practicable,  after  the  passage  of  this  act,  proceed 
to  take  an  enumeration  of  the  free  white  male  inhabitants  of  the  city,  and  to 
divide  the  city  into  wards,  as  prescriljed  by  same,  and  pro^ide  for  elec- 
tions, conformably  to  the  same:  Provided^  however.  The  next  election  of 
aldermen  and  delegates  shall  not  take  place  till  after  such  enumeration 
and  apportionment,  but  shall  as  soon  thereafter  as  can  be,  which  shall  be 
prescribed  by  ordinance,  and  be,  at  least,  within  six  months  from  the 
passage  of  this  act. 

This  act  to  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  February  8,  1843. 


AN  ACT 

FOR  TUB  IMPROVEMENT  OF  TUE  HARBOR  OF  ST.  LOUIS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  folloios : 

].  The  city  of  St.  Louis  is  hereby  authorized  to  borrow  any  sum  of 
money,  for  the  improvement  of  the  harbor  of  said  city,  not  exceeding  the 
sum  of  one  hundred  thousand  dollars,  and  the  mayor  and  city  council  of 
said  city  are  hereby  authorized  to  appropriate  the  nioney  so  boi-rowed  to 
the  construction  of  such  works,  within  or  without  the  limits  of  said  city, 
as  may  be  necessary  to  improve  or  secure  the  haiLor  of  said  city,  and  to 
remove  all  obstructions  to  navigation  from  said  harbor. 

2.  The  mayor  and  city  council  are  hereby  authorized  to  levy  and  collect 
a tax,  not  exceeding  oiie-tenth  of  one  per' centum  on  all  property  within 
said  city,  made  taxable  by  law  for  State  jiurposes,  in  addition  to  tlu^  tax 
authorized  by  the  charter,  the  proceeds  of  which  shall  be  exclusively  for 
the  ])aymcnt  of  the  principal  and  interest  of  any  money  borrowed  for  the 
inirpose  before  mentioned,  and  shall  be  exclusively  approi)riated  to  such 
payment. 

2.  Any  member  of  the  city  council  who  shall  vot(‘  for  any  ordinance 
that  shall  be  passed  for  the  application  of  the  money  borrow('d  to  any 
other  object  than  the  im})rovenient  of  the  harbor,  or  for  the  application  of 
the  proceeds  of  the  tax  before  provided  for  to  any  other  object  than  tli(‘ 
l)ayment  of  the  ])rincipal  and  interest  of  the  loan  Ix'foi’e  authorized,  and 
any  mayor  of  said  city  who  shall  approve  any  ordinance  by  whic'h  th<‘ 
proceeds  of  such  loan  or  tax  shall  be  diverted  to  any  other  object,  shall 


C ITY  OlIAllTElJ. 


83 


1)0  liable  to  pa^y  tlie  amount  so  directcMl  [diverted]  to  the  city,  and  the 
same  may  be  recovered  by  action  on  the  ease  a|»’ainst  such  mayor,  or  sucli 
member,*  in  the  name  of  the  city;  and  ni)on  the  passage  of  such  ordinance 
by  which  such  illegal  appropriation  shall  be  made,  every  member  of  the 
council  present  shall  be  deemed  to  have  vot(‘d  for  the  passage  of  such 
ordinance,  unless  the  yeas  and  nays  are  entered  upon  the  journals  of  sucli 
board  of  the  city  council. 

4.  No  member  of  either  board  of  the  city  council  shall  receive  more 
than  one  dollar  for  each 'day  he  shall  attend  the  sittings  of  the  board  of 
which  he  is  a member,  which  shall  be  in  full  for  all  his  services  as  such 
member. 

This  act  to  take  effect  from  its  passage. 

Approved,  March  26,  1845. 


AN  ACT 

SUPPLEMENTAllY  TO  THE  SEVERAL  ACTS  TO  INCORPORATE  THE  CITY  OP  ST. 

LOUIS. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

1.  In  making  the  assessment  of  tlie  city  revenue  of  the  city  of  St. 
Louis,  the  assessors  shall  so  arrange  and  make  out  tladi-  books  as  to 
distinguish  the  revenue  accruing  from  taxes  on  the  ])roperty  situated 
within  the  new  limits  of  the  city  that  were  added  to  the  city  by  an  aid 
passed  on  the  tifteenth  day  of  February,  in  the  year  eighteen  hundred 
and  forty-one,  entitled  ‘‘An  act  to  amend  an  act  to  incor].)orate  the  city 
of  St.  Louis,”  ai)])roved  8th  of  February,  1839,  from  the  revenue  accruing 
from  taxes  on  iiroperty  situated  in  the  old  limits  of  the  city,  as  they 
existed  before  the  passage  of  the  above  recited  act,  and  so  as  to  show 
how  much  revenue  is  derived  from  taxes  on  ])roi)erty  situated  in  the  rest 
of  the  city,  within  the  new  limits,  that  was  addeil  to  the  city  by  the  above 
recited  act. 

2.  When  the  revenue  of  each  year  .shall  be  collected,  one-fourth  of  the 
aggregate  amount  of  the  revenue  derived  ti-om  taxes  on  jiroperty  within 
said  new  limits,  and  outside  of  said  old  limits,  shall  be  set  apart  and 
appropriated  to  the  grading  and  i)aving  of  .streets,  and  to  making  substan- 
tial improvements  within  .said  new  limits,  to  be  exi)ended  within  the  new 
limits  and  outside  of  the  old  limits  of  the  .several  wards,  in  proportion  to 
the  amount  of  such  revenue  paid  in  each  wai-d;  and  in  like  manner,  one- 
fourth  ])ai‘t  of  th(‘  net  revenue  that  shall  be  derived  from  taxes  on  licenses 
within  the  .said  new  limits,  and  outside  ot  said  old  limits,  .shall  be  .set 
apart  for  making  .str(*ets  and  other  i)ublic  impi’ovements  within  said  new 
limits,  to  be  applied  and  expended  in  the  new  limits  of  the  several  wards 
in  propoilion  to  the  amount  deilv(Hl  from  each. 

3.  The  aldeianen  and  delegates  tVom  each  ward,  for  the  time  being,  shall 
constitute  a board  of  im[)rovcnient  for  the  new  limits  of  such  ward,  to 
deteianiiu*  to  what  streets  and  other  i)ublic  improvements,  within  the  new 
limits  of  theii’  iT'sjxadive  wai’ds,  the  proportion  of  revenue  thus  re.served 
and  .set  ai)art  foi- the  us(;  thereof  shall  lx;  applied  and  ('xpended,  and  the 
amount  that  shall  lx*  approjulatcxl  to  c'veiy  such  improvement. 

4.  Whenevei-  a stiT'ct  shall  forni  the  division  line  between  that  part  ot 
any  two  wards  within  the  ix'W  limits,  the  aldernxM)  and  deh'gates  of  the 
two  wai’ds,  for  the  time  Ix'ing,  may  act  jointlv,  Juxl  determine  that  an 
ecpial  amount  shall  be  approj)riatcd  from  the  reserved  fund  of  each  ward 
to  jmprove  such  street. 

5.  The  aldernxm  and  delegates  of  each  wai'd,  when  acting  und(*r  this 
act,  shall  conduct  tludr  ])rocc(“diugs  in  a r(*gulai',  systiunatic  manner, 
.shall  keep  a faithful  reexird  then'of,  and  when  they  .shall  hav(^  determined 
on  any  improvement  within  their  ward,  and  the  amount  to  lx‘ expended 
thereon;  they  shall  make  to  the  city  council  a fiill  report  of  their  proceed- 
ings in  relation  thereto,  signed  by  them,  or  a majority  of  them. 


84 


CITY  CHARTEE. 


6.  It  shall  be  the  duty  of  the  city  council  to  pass  such  ordinances,  make 
such  orders,  and  establish  such  regulations,  as  will  cause  the  iiioney  thus 
set  apart  for  the  iinproveinent  of  the  new  limits  of  the  several  wards  to  be 
faithfully,  judiciously  and  ecomicailly  applied,  in  such  manner  as  will  best 
l)romote  tlie  interests  of  the  citizens  of  said  new  limits,  and  to  provide 
some  regular  and  convenient  mode  by  which  the  money  for  such  improve- 
ment shall  be  drawn  from  the  treasury,  secured,  accounted  for  and 
disbursed.  All  such  improvements  shall  be  contracted  for  and  constructed 
under  the  superintendence  of  the  city  engineer,  and  reports  thereof  shall 
be  made  to  the  city  council;  and  the  improvements  shall,  in  other  respects, 
be  managed  as  other  city  improvements.  It  shall  be  the  duty  of  the  city 
council  to  adopt  snch  measures  as  will  cause  this  act  to  be  carried  into 
effect  according  to  its  true  intent  and  meaning.  This  act  sliall  continue 
in  force  for  four  years,  unless  sooner  repealed,  and  shall  then  cease  to  be 
in  force,  unless  continued  by  a supplemental  act. 

I'his  act  shall  take  effect  from  its  passage. 

Approved,  January  6,  1847. 


AN  ACT 

AMENDATORY  TO  AN  ACT  ENTITLED  AN  ACT  TO  REDUCE  THE  LAW  INCORPO- 
RATING THE  CITY  OF  ST.  LOUIS,  AND  THE  SEVERAL  ACTS  AMENDATORY 
THEREOF,  INTO  ONE  ACT,  AND  TO  AMEND  THE  SAME.”  APPROVED,  FEBRUARY 
8,  1843. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Mis'souH,  as  follows : 

1 . The  city  council  of  the  city  of  St.  Louis  shall  have  no  power  to  open 
or  cause  to  be  opened,  to  extend  or  cause  to  be  extended.  Sixth  street,  or 
any  other  street  or  lane,  through  the  grounds  now  inclosed  and  occupied 
by  the  Sisters  of  the  Sacred  Heart ,^and  upon  which  their  convent  is 
located;  this  act  being  designed  to  protect  them  in  the  enjoyment  of  the 
garden  and  pleasure  grounds  attached  to  said  convent. 

44iis  act  shall  take  effect  from  and  after  its  passage. 

Approved,  Februaiy  11,  1847. 


AN  ACT 


AUTHORIZING  THE  CITY  OF  ST.  LOUIS  TO  ERECT  A CITY  HALL. 

Be  it  enacted,  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

1 . The  city  council  of  the  city  of  St.  Louis  is  hereby  authorized  to  erect 
a building  suitable  for  a city  hall,  and  offic(‘s  for  the  use  of  the  city 
government  of  said  city,  and  for  a convenient  market-house' , which 
building  shall  be  erected  on  the  square  of  land  beloiming  to  said  city, 
.situate  east  of  Main  street,  and  between  Market  and  Walnut  streets. 

2.  For  the  puriiose  of  erecting  such  building,  and  defraying  the  cost 
thereof,  the  saitl  city  council  is  liereby  authorize'd  to  liorrow  a sum  ot 
money  not  exceeding  seventy-tive  thousand  dollars,  and  issue  the  bonds 
of  the  city  therefor;  and  the  rents  and  revenue  derived  from  such  building 
and  market-house,  after  deducting  the  expenses  of  collecting  the  same, 
shall  be  set  apart,  and  exclusively  apjiropi'iah'd  for,  the  ])ayment  of  the 
interi'st  and  ])i  incipal  of  the  moiKy  borrowed  for  the  [)urposes  aforesjiid. 

'riiis  act  shall  take  effect  fi-om  its  ])assag(*. 

Approved,  March  5,  184b. 


CITV  CllAKTP:!?. 


85 


AN  ACT 

RKSPECTING  ST.  LOUIS  WHARF. 

Jh  it  enacted  by  the  General  Assembly  of  the  State  of  Missou7-i^  as  follows  : 

1.  Tlie  city  council  of  the  city  of  St.  Louis  shall  have  power  to  provide 
by  ordinance" for  comproinisiiig'^  adjusting  and  purchasing-  the  contlictin^ 
claiins  that  have  been  set  up  by  individuals  to  the  ownership  of  any  part 
of  the  city  wharf  or  landing-  in"  front  of  the  city,  and  to  obtain  from  the 
claimants  relinquishments  of  all  their  pretensions  to  hold  or  own  any  part 
of  the  wharf  as  private  in-operty;  and  to  take  all  neces.«ary  steps  to"  quiet 
the  title  of  the  city  to  such  portions  of  the  wharf  or  landino-,  so  that  the 
same  may  be  hereafter  improved  and  used  as  a public  city  vdiai-f,  as  other 
portions  of  the  wharf  are  now  held  and  used.  The  city  council  shall  have 
power,  by  ordinance,  to  provide  the  means  for  carrying  this  act  into 
effect,  by  loan,  taxation,  or  otherwise. 

This  act  shall  take  effect  from  its  passage. 

Approv<'d,  March  10,  1849. 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  “AN  ACT  SUPPLEMENTARY  TO  THE  SEVERAL  ACTS 
TO  INCORPORATE  THE  CITY  OF  ST.  LOUIS/’  APPROVED,  JANUARY  6,  1847. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows: 

1.  That  the  above  cited  act  be,  and  the  same  is  hereby,  so  amended  as  to 
set  a])art  and  approjiriate  one-half,  instead  of  one-fourth,  of  the  revenue 
of  said  city,  as  provided  in  said  act;  and  that  wherev(‘r  the  word  om*- 
fourth  oi-  one-fourth  ])ai-t  may  occiii-  in  said  act,  be  and  tlu*  same  is  hereby 
changed,  and  the  words  one-half  be  substitut(‘d  thcr(*for. 

2.  That  the  act  above  referred  to  and  amended  as  ])rovided  in  the  first 
section  of  this  act,  shall  continue  and  remain  in  foi-ce  for  two  years  from 
and  after  the  date  of  its  aiiiiroval,  unless  sooner  repealed. 

3.  This  act  to  take  elfect  and  be  in  force  from  and  aftm-  it>  ])assag(*;  all 
acts  or  parts  of  acts  rejiugnant  or  inconsistent  with  the  jn-ovisions  of  this 
act,  be,  and  tin*  same  are  hereby,  i-ej)ealed. 

Ap]n-oved,  iMai-ch  10,  1849. 


AN  ACT 


TO  AUTHORIZE  THE  CITY  OF  ST.  LOUIS  TO  BORltOV/  MONEY. 

He  it  enacted  by  the  Genet'al  Assembly  of  the  State  of  Missouri,  as  follows : 

1.  The,  city  council  of  the  city  of  St.  Louis  ar(‘  lun-eby  authorized  to 
borrow,  for  a period  not  ex(a*eding  twenty  years,  and  at  a rate  of  intei-c.<t 
not  cxcei'ding  eight  iier  (tent,  jicr  annum,  any  sum  not  exceeding  tifty 
thousand  dollars,  as  the  sanu*  may  be  wanted,  for  the  purpose  hereinafh'r 
nientioned. 

2.  For  the  money  so  borrowed,  th(‘  mayor  shall  issue  the  bonds  of  tin* 
(‘ity,  under  the  seal  tlu'reof,  countersigned  by  tin*  ri'gister,  v\  hicli  bonds 
shall  stat(‘  where  the  .same  are  jiayable,  and  shall  have  coupons  attached 
for  the  iiayment  of  inb'rest. 

9.  'The  money  .so  liorrowed  shall  b(*  (‘xpended,  under  tin*  dii-(*ction  ot 
the  (;it;y  council,  for  the  consti-uction  ot  a s(*wer,  or  sewi*i-s,  commencing 
at  any  point  on  or  near  Sev(*nth  street,  and  north  of  Washington  aveniu*; 
as  miiy  be  de(*med  mo.st  d(*sirable,  to  drain  olf  all  tin*  wat(*r  that  col- 
l(*ct.s  at  int(*rs(*ctions  of  cross  streets  Aith  S(*vcnth  sti-(*(‘t,  and  north  ot 
Washington  avenue.  This  act  shall  take  etlect  fi-o.ui  its  pas.sa“-(*. 

Approved,  March  12.  1849.. 

S 


86 


CITY  CHARTER. 


AN  ACT 

FOR  TflE  IMPROVEMENT  OF  THE  HARBOR,  OPPOSITE  TO  ST.  LOHiS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missou7'i,  as  follows  : 

1.  The  city  of  St.  Louis,  siiliject  to  the  provisions  liereiimfter  con- 
tained, is  liereby  aiitliorized  to  holTo^v  uny  snni  of  money,  not  exceeding' 
fifty  thousand  dollars,  and  to  issue  the  bonds  of  said  city  not  exceeding 
said  maxininin  sum,  and  hearing  an  interest  of  not  more  than  six  per 
cent,  per  annum,  payable  semi-annually,  and  to  appropriate  the  money 
HO  borrowed  to  the  construction  of  such  works,  within  or  without  the 
limits  of  said  city,  as  may  he  necessary  to  improve  or  secure  the  harbor 
o])i)Osite  the  southern  part  of  said  city,'  and  to  remove  all  obstructions  to 
liavigation  from  said  part  of  the  harbor. 

2.  The  mayor  and  city  council  are  hereby  authorized  to  levy  and  collect 
a special  tax,  not  exceeding  one-tenth  of  one  per  centum  in  addition  to 
tlie  taxes  alread}'  authorized,  on  all  property  taxable  by  law  for  State 
purposes,  within  that  part  of  said  city  which  is  bounded  on  the  north  by 
Pine  street,  on  the  east  by  the  Mississippi  river,  and  on  the  south  and 
west  by  the  southern  and  'western  limits  of  said  city;  the  proceeds  of 
v.  hich  special  tax  shall  be  exclusively  for  the  payment  of  the  iirincipal 
and  interest  of  any  money  borrowed  for  the  purpose  before  mentioned: 
Provided.  That  the'  qualified  voters  of  the  described  part  of  said  city  shall 
be  in  favor  of  such  lo<an  and  taxation. 

8.  It  shall  be  the  duty  of  the  mayor  of  said  citj',  witliin  the  month  of 
April  next,  to  order  ten  days’  ]mblic  notice,  containing  a copy  of  this 
act,  to  be  given  in  at  least  five  daily  new.spapers  (including,  if  possible, 
two  printed  in  the  German  language)  i)ublished  in  said  city,  and  the  sense 
of  the  qualified  voters  of  the  described  part  of  said  city  to  be  tested  as 
to  the  i)ropi-iety  of  such  loan  or  taxation,  on  behalf  of  said  city. 

4.  The  test  shall  be  conducted  in  every  respect  in  accordance  with  the 
article  on  “election.’’  contained  in  the  chartea-  of  said  city,  saving  that 
the  judge.<  shall,  if  the  lioard  of  aldermen  be  not  in  session,  be  appointed 
l.)y  the  mayor  and  the  presiding  otlic(‘rs  of  the  two  branches  of  said  city 
council,  or  any  two  of  said  otlicers.  No  ballot  shall  be  counted  unless 
the  words  • ‘Foi- the  harbor  loan.  ” or  “Against  the  harbor  loan,  ” be 
Avritten  or  printed  thereon;  and  if  it  shall  a,p])ear  that  in  the  aggregate 
th(*re  are  more  ballots  for  than  against  said  harhor  [loan],  then  the 
mayor  aaid  city  council,  and  their  sn.ec(*ssors  in  oflice,  ai‘(“  authorized,  and 
shall  caiTy  out  the  pi'ovisions  of  this  act.  a(*cording  to  tlu'  true  intent  and 
meaning  thereof:  Provided,  ddiat  any  work  done  under  the  authority  of 
this  act  shall  not  intei-fei-e  or  be  in(*onsistent  with  any  woi'ks  already  done 
or  ('ontenrplated,  mid  necessary  to  be  done,  for  the  inqirovcment  of  the 
harbor  of  St.  Louis  generally. 

ii.  Any  member  of  the  city  council  who  shall  vote  for  any  ordinance 
that  shall  be  fiassed  for  the  apjilieation  of  the  money  borrowed  undei" 
authority  of  this  act  to  any  other  object  than  improvement  of  the  hai-bor 
oppo.site  the  southern  part  of  the  city  of  St.  Louis,  or  for  th(‘  application 
of  the  jiroceeds  of  tin*  tax  jirovided'  for  by  this  act  to  any  other  object 
than  the  paynumt  of  the  principal  and  interest  of  the  loan  herein 
authorized;  and  any  mayor  of  said  city  who  shall  ajiprove  any  ordinance 
fiy  which,  the  proceeds  of  such  loan  or  tax  shall  be  diverted  to  any  other 
(»i)ject,  shall  be  liable  to  fiay  tin*  amount  so  diverbsl  to  the  city  for  its 
ajiplication  toward  the  improvement  of  the  harbor  opposite  the  soutlu'rn 
part  of  the  said  city,  and  the  same  may  be  reeovei'ed  by  action  on  the 
case  against  such  mayoi-,  or  such  member,  in  the  name  of  the  city;  and 
upon  the  jiassage  of  such  ordinanci*,  by  which  such  illegal  appropriation 
shall  be  made,  any  membei-  of  the  council  jiresent  shall  1h‘  deemed  to 
have  vob'd  for  the  jiassagi'  of  such  ordinanci',  unless  tlu*  y(‘:is  and  nays 
an*  ('iiten'd  ui)on  the  journals  of  such  board  of  tlu*  city  council. 

(b  It  shall  be  tlu*  duty  of  tla*  city  council,  in  the  month  of  dune  in 
cv<*ry  year  during  the  existence  of  the  debt  herein  authorizc'd  to  lx*  made. 


CITY  CIIAirrER. 


87 


to  cause  to  Ik'  publislied,  for  three  successive  days  iii  three  daily  news- 
papers (iucludiuo-,  if  possible,  one  in  Geriuaii  language)  published  iii  said 
city,  a true  and  full  stateuieut,  signed  by  the  i)roper  otlicers  of  the  city, 
as  to  the  bonds  issued,  the  moneys  i-eceiVed  on  them  and  by  taxation,  the 
moneys  paid  or  ex})ended  and  oii  hand,  under  authority  of  this  act. 

7.  The  special  tax  hereiu  authorized  to  he  levied  shall  cease  so  soon  as 
the  i)rincij)al,  tog-ether  with  interest,  herein  authorized  to  he  borrowed, 
shall  he  fully  paid. 

8.  In  case  the  test,  ordered  to  he  made  in  the  month  of  April  next, 
should  decide  against  the  harbor  loan,  the  city  council  may,  at  any  time 
thereafter,  order  the  sense  of  the  qualified  voters  of  the  before  described 
part  of  said  city  to  he  tested  again  as  to  the  propriety  of  said  loan  and 
taxation  on  the’part  of  the  said  city,  and  every  such  test  shall  he  conducted 
in  the  same  manner  as  the  one  orclered  to  be  "taken  in  the  month  of  April 
next:  Provided^  In  any  one  3-ear  not  more  tlian  one  test  shall  be  taken. 

This  act  to  take  effect  from  its  passage . 

Approved,  March  12,  1849. 


AN  ACT 


TO  PROVIDE  A GENERAL  SYSTEM  OF  SEWERAGE  IN  THE  CITY  OF  ST.  LOUIS. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Missouri,  as  follows  : 

1.  The  mayor  and  cit}- council  of  St.  Louis  shall  cause,  113-  ordinance, 
the  city  to  he  laid  off  into  districts  to  he  drained  113^  principal  and  lateral 
or  tributary  sewers,  having  reference  to  a general  i)lan  of  drainage  1)3'^ 
sewers  for  the  whole  city,  and  number  and  record  the  same. 

2.  fVhenever  a majoi-ity  of  the  owners  of  real  estate  within  an3-  district 
sliall  ])etition  for  the  construction  of  the  sewers  in  said  district,  the  cit3’' 
council  shall  have  ])Ower,  hv-  oi-dinance,  to  hnw  and  collect  a spechd  tax 
on  the  real  estate  within  said  district  so  drained,  not  to  ('xceed  oiu'-half 
of  one  i)er  centum  per  annum  on  the  assessed  value  of  said  i-eal  estate,  for 
the  purjiose  of  constructing  said  sc'wers,  which  tax  shall  he  annuall3^ 
levied  and  collected  as  other  cit3' taxes,  and  shall  constitute  a lien  on  the 
real  estate  on  which  it  is  asscsscal;  and  shall  not  he  repealed  oi-  altered 
until  the  debt  created  tlierch3'  shall  liav(*  been  full3-  paid. 

8.  ^Vhenever  a p(‘tition,  signed  as  aforesaid,  is  ])resented  to  the  cit3- 
council,  they  shall  provide  1)3^  ordinama*  for  the  hdting  and  constructioli 
of  sewers,  or  such  parts  tluaeof  as  shall  lx*,  necessarv,  and  niav,  from 
time  to  time,  extend,  enlai-g(;  or  alter  tin*  same  under  such  terms,"  and  on 
such  conditions  as  the3^  may  d(M*m  necessarv. 

4.  '’I'he.  mayor  and  city  council,  upon  the  pr<\sentation  of  a i)etition  as 
afor(*said,  nia3-  borrow  any  sum  of  moiuq-  ne(a*ssar3-  for  the  counstruction 
of  the  scAvers  in  anv  district,  and  issue  flic  bonds  of  the  cit3-  foi-  the  same, 
pa3aihle  and  predicated,  in  intei-est  and  ])rincipal,  ui)on  "the  tax  in  the 
second  section  of  this  act  mentioned. 

5.  All  mone3-s,  collected  under  and  1)3'  vii-tiu'  of  this  act,  shall  he 
a])i)lied  to  the  tlistrict  from  Avhich  it  is  so  collected,  and  to  no  other  pur- 
pose or  use. 

This  act  to  take  effect  from  its  i)assage. 

Approved,  March  12,  1849. 


88 


CITY  CIIAllTER. 


AN  ACT 

AUTHORIZING  THE  CITY  OF  ST.  LOUIS  TO  ISSUE  THE  BONDS  OF  THE  CITY  TO 

THE  AMOUNT  OF  ONE  HUNDRED  AND  FIFTY  THOUSAND  DOLLARS,  AND  TO 

LEGALIZE  APPROPRIATIONS  BY  THE  CITY  COUNCIL  OP  SAID  CITY  DURING  THE 

YEARS  1849  AND  1850. 

Whereas,  Einbarrassiiieiit  to  the  treasury  of  the  city  of  St.  Louis  lias 
arisen  out  of  the  extraordinary  expeiiditiifes  occasioned  liy  two  years’ 
visitation  of  epidemic  cholera',  tlie  ^reat  tire  of  eighteen  'hundred  and 
forty-nine,  and  the  opening  and  macadainizing  a part  of  south  Seventh 
Street,  Washington  avenue  and  Broadway,  and  the  curtailment  of  tlie 
city  revenue  from  taxes  in  the  new  limits,'  in  consequence  of  the  decision 
of  tlie  supreme  court  in  the  case  of  Allen  against  the  city  of  St.  Louis; 
therefore, 

Be  it  ordained  hy  the  General  Assembly  of  the  State  of  Missouri^  as  follows: 

Section  1.  Tliat  the  City  of  St.  Louis  he,  and  she  is  hereby,  author- 
ized to  borrow,  for  a period  not  exceeding  twenty  years,  and  at  a rate  of 
interest  not  exceeding  six  per  cent,  per  annum,  any  sum  not  exceeding 
one  hundred  and  fifty  thousand  dollars,  as  the  same  may  be  wanted  for  the 
purposes  hereinafter  mentioned. 

Sec.  2.  For  the  money  so  borrowed,  the  mayor  is  hereby  authorized  to 
issue  the  bonds  of  the  city  in  the  usual  form,  in  sums  of  one  thousand 
dollars  eacli. 

Sec.  3.  The  proceeds  of  the  bonds  authorized  to  be  issued,  as  afore- 
said, shall  go  to  liquidate  balances  due,  and  falling  due,  liy  the  treasury 
of  the  city  of  St.  Louis:  Provided,  That  the  proceeds^  of  forty  of  said  bonds 
shall  go  to  liquidating  debts  already  contracted,  and  to  be  contracted,  by 
the  authorities  of  said  city,  for  the  jnirchase  of  water-pipe  and  the  exten- 
sion of  the  new  waterworks  now  being  erected  in  said  city. 

Sec.  4.  All  appropriations  of  money  made  by  the  city  councils  of  St. 
Louis  for  and  during  the  years  eigliteen  hundred  and  forty-nine  and 
eighteen  hundred  and  fifty,  so  far  as  said  appropriations  are  in  contraven- 
tion to  the  lirst  section  of  the  third  article  of  the  charter  of  said  city,  are 
liereln"  legalized;  and  the  constructive  penalty  incurred  liy  the  ])rovisions 
of  the"  twentieth  section  of  tlie  seventh  article  of  the  charter  aforesaid  is 
liereby  abrogated,  so  far  as  said  penalty  shall  attach  to  any  acts  done  by 
the  mayor  and  members  of  the  respective  councils  aforesaid. 

This  act  to  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  January  7,  1851. 


Office  of  Secretary  of  State  of  Missouri. 

I,  Efhraim  B.  Ewing,  Secretary  of  State,  do  certity  that  the  foregoing 
is  a true  and  correct  coiiy  of  the  original  roll  on  lile  in  this  ofilce. 

In  testimony  whereof,  1 have  hereunto  set  my  hand  and  allixed  the 
[l.  s.]  seal  of  said  office,  at  the  city  of  Jefferson,  this  scuenth  day  of 
.hinuary,  1851. 

ErilBAIM  B.  EAVING,  Secretary  of  State. 


CITY  CHARTER. 


89 


AN  ACT 

SUPPLEMENTARY  TO  THE  SEVERAL  ACTS  TO  INCORPORATE  THE  CITY  OP  Si'. 

LOUIS,  AND  TO  CONTINUE  IN  FORCE  THE  LAW  COMMONLY  KNOWN  AS  “THE 

NEW  LIMIT  LAW,”  AS  IT  NOW  EXISTS, 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

Section  1.  In  making  the  assessment  of  the  revenue  of  the  city  of  St. 
Louis,  tlie  assessors  shall  so  arrange  and  make  out  their  hooks  as  to  distin- 
guish the  i-evenne  arising  from  taxes  on  the  property  in  the  several  wards, 
situate  within  the  new  limits  of  the  city  (which  were  added  to  the  city  by 
an  act  ajiproved  February  tifteenth,  eighteen  hundred  and  forty-one,  enti- 
tled “An  act  to  amend  an  act  to  incorporate  the  city  of  St.  Louis,” 
approved  on  the  eighth  day  of  February,  eighteen  hundred  and  thirty- 
nine)  , from  the  revenue  accruing  from  taxes  on  property  situated  in  the 
old  limits  of  the  city,  as  they  existed  before  the  passage  of  the  above  recited 
act,  so  as  to  show  how  much  revenue  is  derived  from  taxes  on  property 
situated  within  said  new  limits,  added  to  the  said  city  of  St.  Loins  by  the 
above  recited  act;  and,  in  like  manner,  the  collectors  of  revenue  shall 
kee])  their  accounts  so  as  to  show  the  amount  of  revenue  derived  from  tax 
on  licenses  granted  within  said  new  limits,  and  outside  of  the  old  limits  of 
the  respective  wards . 

Sec.  2.  When  the  whole  city  revenue  of  each  year  shall  have  been  col- 
lected, there  shall  be  paid  out  of  the  net  aggregate  amount  thereof  derived 
from  taxes  and  licenses  of  every  kind — 

First — All  expenses  of  the  city  hospital,  except  for  additions  or  enlarge- 
ment of  the  building. 

Second — All  ipiarantine  or  extra  ex])enses,  except  tor  bnildiiigs,  that 
may  have  been  iiuMirred  within  the  year,  on  account  of  the  danger  or 
prevalence  of  ejiidianic  disease. 

Third — All  interest  tliat  may  accrue  upon  money  boi-rowed  for  the  con- 
struction of  public  sewers  within  the  city,  which  have  been,  or  may  be, 
constructed  at  the  expense  of  the  city;  and  then  one-half  the  remaining 
revenue  derived  from  taxes  and  licenses  as  aforesaid,  within  said  new 
limits,  and  outside  of  old  limits,  shall  bii  set  apart  and  approiii-iab'd  to  the 
making  and  gi'ading  and  imiiroving  the  sti'i'ets  within  said  new  limits,  and 
outside  of  said  old  limits,  in  each  of  tin*  several  wards  of  said  city,  in 
proportion  to  the  amount  of  such  revenue  derived  from  each,  ri'spectividy ; 
and  no  jiart  of  the  revenue  thus  ,set  apart  shall  be  used  for  other  iinrposes 
than  as  herein  specitied. 

Sec.  :L  The  aldermen  and  delegates  from  each  ward,  for  the  time 
being,  shall  constitute  a standing  committee  on  improvements  for  the 
limits  of  said  ward,  and  shall  deti'i-mine  upon  and  r(‘i)ort  to  the  city 
council  what  streets  within  the  new  limits  they  recommend  the  improve- 
ment of,  and  the  amount  to  be  expended  in  said  imiirovement;  which 
report  shall  be  in  writing,  signed  by  said  committee,  or  a majority  of 
them,  and  shall  be  published  daily,  tor  at  least  foni‘  days,  in  two  ])apers 
publishing  the  pi'oceedings  of  the  city  council;  and  if  the  council  then 
concur  in  the  report,  they  shall  pass  an  ordinance  providing  for  such 
improvement,  as  in  other  cases. 

Sec.  4.  WhiMiever  a street  shall  form  a division  line  between  that  jiart 
of  any  two  wards  within  such  new  limits,  the  improvement  committ(‘(*s 
of  the  two  wards  may  act  jointly,  and  recommend  that  an  e(j[nal  amount 
from  the  new  limit  finul  of  each  ward  be  appropriated  to  imiirove  such 
street. 

Sec.  5.  It  shall  be  the  duty  of  the  city  council  to  pass  such  rules,  make 
such  orders,  and  establish  such  regulations,  as  will  cause  the  money  thus 
set  apart  for  the  improvement  of  the  new  limits  of  the  siweral  wards  to 
be  faithfidly,  judiciously,  and  economically  apiilied,  in  such  manner  as 
will  best  promote  the  interests  of  said  new  limits,  and  provide  for  the 
manner  in  which  the  fund  thus  set  apart  shall  be  paid  out  and  disbursed; 


90 


CITY  CHARTER. 


and  all  such  iinprovenients  shall  be  contracted  for,  and  constructed  under, 
the  superintendence  of  the  city  en<>:ineer,  and  be  in  all  respects  managed 
as  other  city  improvements:  Provided,  however,  That  no  street  shall  be 
improved  out  of  the  new  limit  fund  until  recommended  by  the  improve- 
ment committee,  or  a majority  of  them;  but  the  council  may  rcvject  the 
re])ort  of  such  committee. 

Sec.  G.  The  city  shall,  within  three  years  from  and  after  the  passage  of 
this  act,  improve  all  the  unimproved  streets  within  what  is  known  as  the 
old  limits  of  the  city,  and  make  a loan  for  that  purpose,  if  necessary. 

Sec.  7.  This  act  shall  take  effect  and  continue  in  force  for  and  during 
the  period  of  ten  years  from  the  day  of  its  passage:  Provided^  however,  That 
if,  before  the  expiration  of  said  ]ie'riod  of  ten  years,  all  the  streets  in  the 
new  limits  of  any  ward  shall  l)e  improved,  them  and  in  that  case  the  pro- 
visions of  this  act  shall  cease  to  appl}^  to  said  ward,  and  all  the  revenue 
collected  in  said  ward  shall  remain  in  the  general  fund  of  the  city. 

Approved,  March  1,  1852. 


MISSOURI:  Office  of  Secretary  of  State,  \ 

City  of  Jefferson,  j 

I,  EniRAiM  E.  Ewing,  Secretary  of  State,  do  certify  that  the  foi-egoing 
act  of  the  general  assembly  of  the  State  of  Missouri,  entitled,  ‘‘An  act 
supplementary  to  the  several  acts  to  incorporate  St.  Louis,  and  to  con- 
tinue in  force  the  law  commonly  known  as  the  new  limit  hnv,  as  it  now 
exists,  ’ ’ approved  March  1,  1851 , is  a true  and  perfect  copy  of  the  original 
roll  on  file  in  this  office. 

In  testimony  whereof,  I have  hereunto  set  my  hand  and  affixed  the 
[l.  s.]  seal  of  said  office,  at  the  city  of  Jelferson,  this  twelfth  dav  of 
March,  A.  D.  1851. 

EPllRADI  B.  EWING,  Secretary  of  State. 


AMENDED  CITY  CHARTER 


APPEOYED  AIARCII  3,  1851. 


AN  ACT 

TO  REDUCE  THE  LAW  INCORPORATING  THE  CITY  OF  ST.  LOUIS,  AND  THE  SEVERAL 

ACTS  AMENDATORY  THEREOF,  INTO  ONE  ACT,  AND  TO  AMEND  THE  SA.ME. 

ARTICLE  I. 

Of  Boundaries,  General  Bowers,  and  Foi'^nation  of  Wards. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows: 

Section  1.  All  tliat  district  of  country  contuiiicd  witliiii  tlic  followiiio* 
liinits,  to-wit:  Re^liiiiiii^  at  a point  in  tlic  middle  of  the  main  channel  ot 
the  Mississippi  ilvei*,  due  (‘ast  to  the  southeast  corner  of  St.  Georo’e,  in 
St.  Louis  county ; thence  due  w^est,  to  the  west  line  of  second  Caronde- 
let  avenue;  thence  north,  with  the  said  west  line  ot  said  avenue,  to  the 
north  line  of  Chouteau  avenue;  thence  northwardly,  in  a direct  line  to 
the  mouth  of  Stony  cre(!k;  thenci!  due  east  to  the  middle  of  the  main  chan- 
nel of  the  Mississippi  river;  thence  southwardly,  with  the  middle  of  the 
main  channel  of  the  Mississijipi  i-iver,  to  the  jila'ce  of  be^'innino-,  is  hereb}' 
erected  into  a city,  by  the  name  of  ‘"The  City  of  St.  Louis.” 

Sec.  "2.  d'hat  the  inhabitants  of  the  city  of  St.  Louis,  as  the  same 
(“xtends  and  is  laid  out  jd)Ove,  be,  and  they  and  tluni'  successors  foi’ever 
arc,  hereby  constituted  a corporation  and  body  i)olitic,  in  fact,  and  in  law, 
by  the  name  and  style  of  ”The  City  of  St.  Louis,”  and  by  the  same 
nanu'  shall  havci  i)eri')etual  suc(*ession, "shall  sue  and  be  sued,  implead  and 
be  implead(Ml,  defend  and  be  defended,  in  all  courts  of  law  and  equity, 
and  in  all  actions  whatsoever;  may  i)urchase,  rec^eive  and  hold  i)roperty, 
r{*al  and  personal,  within  said  city,  and  may  sell,  lease  or  dispose  of  the 
same  for  the  benetit  of  the  city;  and  may  pundiase,  receive  and  hold 
j)roperty,  r(*al  and  ])ersonal,  beyond  the:  limits  of  the  city,  to  lx*  used  for 
th(‘  burial  of  the  dead  of  the  city;  also  for  the  erection  of  waterworks  to 
supply  the  city  with  water;  and  also  for  the  establishnumt  of  ahosi)ital, 
for  the  rec(q)ti'on  of  persons  infected  with  contagious  and  other  disease's; 
also,  for  a [xiorhouse,  workhouse,  or  house  of  correction;  and  may  sell, 
lease,  oi-  dispose  of  siu;h  iiroiierty  for  tlu'  beiu'tit  of  the  city;  they  shall 
have  and  use  one  common  seal,  and  may  break,  change,  alter,  and  make 
a new  seal  at  jileasure. 

Sec.  3.  The  city  of  St.  Louis  shall  he  divided  into  six  wards,  the 
boundari(‘s  whereof  shall  be  fixed  by  the  city  conucil,  and  b(^  by  tin* 
<‘Ouncil  chan^’cd  from  tinu'  to  time,  as  they  shall  se(*  tit,  having-  regard  to 
the  number  of  free  white  male  iidiabitaiits,  so  that  (‘ach  ward  shall  contain, 
as  near  as  may  be,  the  same  number  of  free  white  male  inhabitants. 


92 


AMENDED  CITY  CIIAETEK. 


ARTICLE  II. 

Of  the  City  Council. 

Section  1.  There  sliall  be  a city  council,  to  consist  of  a board  of  alder- 
nien  and  a board  of  delegates. 

Sec.  2.  The  board  of  delegates  shall  be  composed  of  t^yo  members  for 
each  ward,  to  be  chosen  by  the  nnalhied  voters  of  the  several  wards,  for 
one  year. 

Sec.  3.  The  board  of  aldermen  shall  consist  of  two  members  for  eacli 
ward,  chosen  by  the  qualified  voters,  for  two  years. 

Sec.  4.  No  person  shall  be  an  alderman  or  delegate  unless  he  be  a 
citizen  of  the  State  of  Missouri,  and  shall  have  resided  within  the  city 
limits  one  year  next  preceding  his  election,  and  be  a bona  fide  resident  of 
the  ward  for  which  he  is  elected. 

Sec.  5.  If  any  alderman  or  delegate  shall,  after  his  election,  removt; 
from  the  ward  for  which  he  was  chosen,  his  office  shall  be  thereby  vacated. 

Sec.  6.  Immediately  after  the  board  of  aldermen  shall  be  assembled, 
in  consequence  of  tlie  first  election,  the  aldermen  sliall  be  divided  into 
two  classes : the  seats  of  those  of  the  first  class  shall  be  vacateil  at  the 
expiration  of  the  first  year,  and  of  the  second  class  at  the  expiration  of 
the  second  year,  so  that  one-half  may  be  chosen  every  year. 

Sec.  7.  The  board  of  aldermen  shall  elect  one  of  their  number  to  be 
president  of  the  board,  and  the  board  of  delegates  shall  elect  one  their 
number  to  be  chairman  thereof. 

Sec.  8.  Each  board  may  appoint  their  clerks  and  such  other  officers, 
servants,  and  agents,  as  they  shall,  respectively,  deem  necessary  in  the 
transaction  of  their  business" 

Sec.  9.  Each  board  shall  be  the  judge  of  the  elections,  returns,  and 
qualifications  of  its  own  members,  and  shall  determine  contested  elections. 

Sec.  10.  The  majority  of  each  board  shall  constitute  a (pioriim  to  do 
business,  but  a smailer  number  may  adjourn  from  day  today,  and  may 
compel  the  attendance  of  absent  members  in  such  manner  and  under  sucli 
penalties  as  each  board  may  prescribe. 

Sec.  11.  Each  board  may  determine  the  rules  of  its  proceedings,  punisli 
its  members  for  disorderly  behavior,  and,  with  the  concurrence  of  two- 
thirds  of  all  the  members  elected,  expel  a member,  but  not  a second  time 
for  the  same  oftense . 

Sec.  12.  Each  board  shall  keep  a journal  of  its  proceedings,  and,  as 
soon  as  practicable,  iniblish  the  same  in  two  newspapers  of  the  city, 
which  papers  shall  be  of  different  politics;  and  the  yeas  and  nays  of  the 
members  on  any  question  shall,  at  the  desire  of  any  two  of  those  present, 
be  entered  on  the  journal. 

Sec.  13.  Neither  board,  during  the  session  of  the  eity  council,  shall, 
without  the  consent  of  the  other,  adjourn  for  a longer  period  than 
two  days. 

Sec.  14.  No  alderman  or  delegate  shall,  during  tlie  term  for  which  In* 
was  elected,  be  appointed  to  any  office  under  the  city. 

Sec.  15.  All  vacancies  that  shall  occur  in  either  board  sliall  be  filled  by 
election,  in  such  manner  as  shall  be  provided  for  by  ordinance. 

Sec.  1G.  Each  alderman  and  delegate  shall,  before  entering  on  the 
duties  of  his  office,  take  aii  oath  that  he  will  support  the  constitution  of 
the  United  States  and  of  this  State,  and  the  iirovisions  of  this  charter, 
and  that  lie  will  faithfully  demean  himself  in  office. 

Sec.  17.  Whenever  there  shall  be  a tie  in  the  election  of  ald(*rmen  or 
del(‘gates,  the  judges  of  (dections  shall  cei-tify  the  same  to  the  mayor, 
who  shall  immediately  thereupon  issue  his  iiroclamation,  stating  such 
facts,  and  ordering  a new  election. 

Sec.  18.  There  shall  be  two  stated  sessions  of  the  city  council  evinw 
yeaiq  and  they  shall  be  held  on  the  second  Mondays  of  May  and  OctolxM-, 
at  such  ])laces  as  shall  be  jirescribed  by  ordinance. 

Sec.  19,  Upon  the  jiassage  of  all  bills  ai)))roi)iaating  money,  or  bills 
imposiiiii:  taxes,  increasing,  lessening,  or  abolishiiig  license's,  and  of  all 


AMENDED  CITY  CIIARTEll.  9^ 

bills  borrowing'  money,  the  yeas  and  nays  shall  be  entered  on  the 
journals . 

Skc.  20.  All  bills  shall  b(^  read  in  each  l)oard  on  three  several  days, 
iiidess  two-thirds  of  the  members  elected  of  the  board  shall  dispense 
tlierewith. 

Sec.  21.  A majority  of  all  the  members  elected,  of  each  hoard,  shall 
be  necessary  to  pass  a tax  bill,  bills  appropriating-,  for  any  purpose,  the 
sum  of  live"  hundred  dollars  or  upward,  and  bills  in  anywise  increasing- 
or  diminishing  the  city  revenue. 

ARTICLE  III. 

Of  the  Legislative  Power. 

Section  1.  The  appropriations  of  the  city  council  for  payment  of 
interest,  for  improvements  and  for  city  expenses,  during  anj"  one  liscal 
year,  shall  not  exceed  the  amount  of  the  income  of  the  preceding  fiscal 
year;  but  it  shall  be  lawful  for  said  council  to  apply  any  surplus  moneys 
hi  the  treasury  to  the  extinguishment  of  the  city  debt,  (or  the  creation  ot 
a sinking  fund  for  the  iiayment  of  said  debt,)  or  to  the  completion  ot  the 
city  waterworks;  but  the  said  council  shall  ajiply  the  revenue  received 
from  wharfage  (deducting  tlie  expense  of  collecting  of  the  same,  and 
otlier  incidental  expenses"  attendant  thereon)  to  the  improvement  of  the 
wharf,  until  the  same  be  completed. 

Sec.  2.  The  mayor  and  city  council  shall  have  pow'er,  wdthin  the  city, 
liy  ordinance — 

^ First — To  levy  and  collect  taxes,  not  exceeding-  one  per  centum,  upon 
all  property  made  taxable  by  law'  for  State  purposes. 

Second — To  borrow  money  on  the  credit  of  the  city. 

Third — To  apiiropriate  money  and  provide  for  tlie  payment  of  the  debt 
and  expenses  of  the  city . 

Fourth — To  make  regulations  to  prevent  the  iiitroductioii  of  contagious 
diseases  into  the  city;  to  make  quarantine  law's  for  that  purpose,  and 
enforce  the  same  within  ten  miles  of  the  city. 

Fifth — To  establish  hosjiitals,  and  make  regulations  for  the  government 
th(u-eof. 

Sixtli — To  make  regulations  to  secure  the  giMiei-al  health  of  the  inhabi- 
tants, and  to  prcw'CMit,  aliate  and  remove  nuisances  at  tlu‘  expense  of  the 
ow'iiei-s  or  occnjiants  of  the  jiarties  upon  wiiose  grounds  tlu'y  may  exist. 

Seventh — To  provide  tlu'  city  with  water,  and  to  erect  hydi-ants,  tire- 
plugs,  and  i)umps  in  the  str(‘e'ts,  within  or  Ix'yond  the  boundaries  of  the 
city,  for  the  convenien(*e  of  tlie  inhaliitants  of  tlie  city  and  environs. 

Eighth — i'o  open,  alt(*r,  abolish,  widen,  extend,  establish,  grade,  pave, 
or  otherwise  inqii-ove,  clean,  and  keep  in  reiiair,  streets,  avenues,  lanes 
and  alleys,  wdiarves,  and  public-  g-roimds  and  squares;  but  the  mayor 
and  city  council  shall  not  establish  or  open  a street,  lane,  aveiiuiq  or 
alley  through  the  grounds  lying  and  being  situate  between  Ninth  street 
and  Eleventh  street,  and  AVashington  avenue  and  (Ireen  street,  w^ithout 
the  w'rittc'ii  assent  of  the  proprietors  of  the  St.  Jjouis  University,  so  loiig 
as  the  building  now  used  as  a university  remains  erected  thereon. 

Ninth — To  establish,  ei-ect  and  keep  in  reiiair  bi-idges,  culverts,  and 
sew-ers,  and  regulate  the  use  of  the  same;  to  establish,  alter,  and  ehaiige 
the  channels  of  water  courses,  and  to  waill  them  up  and  cover  them  over. 

Tenth — To  jii-ovide  for  lighting  the  streets  and  erecting  lamps  thereon. 

Eleventh — 'J’o  establish,  supiiort  and  regulate  night  watches  and  pati-ols. 

Twelfth — To  erect  market-houses,  establish  inarkets,  and  market 
places,  and  provide  foi-  the  government  and  regulation  thereof. 

Thirteenth — To  ])rovide  for  the  erection  of  all  needful  buildiiigs  for  the 
use  of  the  city. 

Fourteenth— ])rovide  for  enelosiiig,  improving-  and  regulating  all 
public  grounds  belonging-  to  the  city. 

Fifteenth — To  improve  luid  presei-ve  the  navigation  of  the  Mississi[)pi 
river  within  the  city. 

Sixteenth — To  erect,  repair  and  regulate  public  wiiarves  and  docks;  to 


94 


A]VIENDED  CITY  CIIAHTER. 


reg’ulate  tlio  erection  and  repair  of  private  wharves,  and  to  fix  the  rates  of 
wharfage  thereat:  Pt'ovided^  Tlui  rates  of  wharfage  at  private  wharves 
shall  he  the  same  as  at  pnhlic  wharves. 

Seventeenth — To  regulate  the  stationing,  anchorage  and  mooring  of 
vessels  within  the  city. 

Eighteenth — To  license,  tax,  and  regulate  auctioneers,  grocers,  mer- 
(‘hants,  retailers,  and  taverns,  and  to  license,  tax,  regulate  and  suppress 
ordinaries,  hawkers,  peddlers,  brokers,  pawnbrokers  and  money 
changers. 

Nineteenth — To  license,  tax  and  regulate  hackney  carriages,  omni- 
buses, wagons,  carts,  and  drays,  and  fix  the  rates  to  he  cliarged  for 
the  carriage  of  persons,  and  of  wagonage,  cartage  and  dray  age  of 
])roperty. 

Twentieth— To  license  and  regulate  porters,  and  to  fix  the  rates  of 
portei-age . 

Twenty-first — To  license,  tax,  regulate  and  suppress  theatrical  and  other 
exhibitions,  shows  and  anmsements. 

Twenty-second — To  license,  tax,  restrain,  prohibit  and  suppress  billiard 
tables,  tippling-houses  and  dram-shops;  and  to  suppress  gaming  and 
l^aming-honses,  and  other  disorderly  houses,  and  to  suppress  Mwdy 
houses! 

Twenty-third — To  provide  for  the  prevention  and  extinguishment  of 
fires,  and  to  organize  and  to  establish  fire  companies;  also,  to  regulate, 
restrain  or  pi-ohibit  the  erection  of  wooden  buildings,  and  to  provide  for 
the  removal  of  the  same,  when  erected  contrary  to  the  ordinances  of  the 
city;  to  regulate  and  prevent  the  carrying  [on]  of  manufactures  danger- 
ous in  causing  or  producifig  fires,  or  dangerous  or  injurious  to  health; 
to  appoint  firewardens  ami  property  guards,  with  powTr  to  remove  and 
keep  aw'ay  from  the  vicinity  of  any  lire  all  idle  and  suspicious  persons 
lurking  near  the  same;  and  to  compel  any  person  or  persons  present  to 
aid  in  extinguishing  such  fire,  or  in  the  preservation  of  property  exposed 
to  the  danger  of  the  same,  and  in  preventing  goods  from  being'purloined 
thereat,  and  wdth  such  other  powders  and  duties  as  may  be  prescribed  bj* 
ordinance;  to  compel  the  owniers  of  houses  and  other  buildings  to  have 
scuttles  upon  the  roof  of  any  such  liouses  and  Imildiiigs,  and  stairs  or 
ladders  leading  to  the  same. 

Twenty -fourth — To  regulate  and  order  the  cleaning  of  chimneys,  and  to 
fix  the  fees  thereof. 

Twenty-fifth — To  ]-egulate  the  storage  of  guupow'der,  tar,  pitch,  resin, 
hemp,  cotton,  and  ah  other  condjustible  materials,  ami  the  use  of  lights 
and  candles  in  stables,  sliops,  and  other  places;  to  remove  oi’ prevent  the 
construction  of  any  fire-place,  hearth,  chinmey,  stove,  oven,  boiler,  kettle, 
or  apparatus  used  in  any  house,  building,  manufactory  or  business,  w hich 
may  be  dangerous  in  causing  or  promoting  fires;  to  direct  the  safe  con- 
struction of  deposits  for  ashes,  and,  severally,  to  enter  into,  or  to  appoint 
one  or  more  ollicers,  at  reasonable  times,  to  enter  into,  and  examine  idl 
(hvelling  houses,  lots,  yards,  enclosures,  and  buildings  of  every  descrip- 
tion, in  order  to  discover  wdiether  any  of  them  are  in"  a dangerous  state, 
and  to  cause  such  as  may  be  dangerous  to  be  put  in  safe  ami  secure 
condition. 

Twenty-sixth — To  i-egnlate  and  prescribe  the  mannei’  and  order  of  tlu* 
building  of  j)artition  and  of  parapet  walls,  and  of  partition  fences. 

Twenty -seventh — To  establish  standard  w^eiglits  and  measures,  and  regu- 
late the  w^eights  and  measures  to  be  used"  in  the  city,  in  all  cases  not 
otlu'rw'ise  i)rovided  by  law. 

Twenty-eighth — To  pi’ovide  for  the  inspection  and  measuring  of  lumlx'r. 
and  other  building  mat(M-ials. 

Twenty-ninth — To  provide  foi*  the  inspection  and  W(*ighing  of  hay  ami 
stone  coal,  the  measui-ing  of  charcoal,  firewood,  ami  all  other  fuel  to  be 
used  in  th(‘  city. 

Thirtieth — To  provide  for,  and  regulate  the  inspection  of.  be<‘f,  i)ork, 
floui-,  meal,  oils,  whisky,  and  other  spirituous  licpiors,  in  barrels,  hogs- 
heads and  otliei'  vessels:  Provided^  That  nothing  in  this  act  shall  be  so 
construed  as  to  authorize  the  inspection  of  any  article  enumerated  in  this 


MSIENDED  CITY  CirAETER. 


95 


act,  which  is  to  he  ship])C(l  beyond  the  limits  of  tliis  State,  exce])!  at  the 
n^iiest  of  the  owner  or  ownei’S  thereof,  or  of  the  agent  luiving  charge  of 
tlie  same. 

Thirty-first — d\)  regnlate  the  inspection  of  butter,  lard,  and  other  pro- 
visions; to  regnlate  "the  vending  of  meat,  ponltiy  and  vegetables;  to 
restrain  and  i)nnish  the  forestalling  of  ponltry,  butter,  eggs  and  fruit,  and 
to  suppress  hucksters. 

Thirty-second — To  regnlate  the  weight,  quality  and  price  of  bread  to  be 
sold  and  used  in  the  city. 

T kirtrj-third — To  regulate  the  size  of  bricks  made  or  used  in  the  city . 

Thirty-fourth — To  provide  for  the  taking  an  enumeration  of  the  inhabi- 
tants of  the  city. 

Thirty-fifth-^To  regulate  the  election  of  all  the  elective  city  officers, 
and  to  provide  for  removing  from  otlice  any  person  holding  an  office 
created  by  this  act,  or  by  ordinance,  not  otherwise  provided  for. 

Thirty fixth — To  provide  for  the  appointment  of  all  officers,  servants 
and  agents  of  the  corporation,  not  otherwise  provided  for. 

Thirty-seventh — To  tix  the  compensation  of  the  city  officers,  and  regulate 
the  fees  of  all  jurors,  witnesses  and  others,  for  services  rendered  under 
this  act  or  any  ordinance. 

Thirty-eighth — To  regulate  the  police  of  the  city;  to  impose  fines,  for- 
feitures and  penalties  for  the  breach  of  any  ordinance,  and  provide  for  the 
recovery  and  ajipropriating  such  tines  aiurforfeitures,  and  the  enforcement 
of  such  penalties. 

Thirty-ninth — To  erect  a workhouse  and  house  of  correction,  and  pro- 
vide for  the  regulation  and  government  thereof. 

Fortieth — To  create  the  office  of  port  warden,  and  define  the  duties 
thereof;  and  to  regulate  and  license  all  ferries  within  the  limits  of  the 
city . 

Forty-first — To  levy  and  collect  a poll  tax,  not  exceeding  tifty  cents, 
upon  every  free  white  male  person  over  twenty-one  years  of  age,  who 
shall  have  resided  six  months  within  the  city. 

Forty-second — d'o  remove  all  obstructions  from  the  sidew'alks,  and  to 
jirovide  for  the  construction  and  repair  of  all  sidew^alks  and  (nirbstones, 
and  to  provide  for  the  consti-uction  and  repair  of  all  sidewalks,  and  for 
the  cleaning  of  the  same,  and  of  the  gutters,  at  the  expense  of  the  owners 
of  the  ground  fronting’  tliereon. 

Forty-third — To  i)ri.*vent  and  restrain  any  riot,  rout,  noise,  disturbance, 
or  disorderly  assmnlilages  in  any  street,  house  or  jilace  in  the  city. 

Forty-fourth — To  [ii’cvent  and'  remove  all  ema’oachments  into  and  upon 
all  streets,  lanes,  avemu's  and  alleys  established  by  huv  or  ordinance. 

Forty-fifth — To  (ixercise  conq)lete  and  i)erfect  control  over  the  common, 
and  all  of  the  property  belonging  to  the  city,  real  or  ])ersonal,  whether 
lying  within  or  beyond  tlu;  limits  of  the  (M)i’])oi’ation  cr('ated  by  this  a(,‘t, 
and  th(‘ sanu!  to  leas(*.  s(‘ll,  transfer  and  dispose  of,  (‘ither  absolutely  or 
with  limitation,  to  any  ])(*rson  or  })ersons  w'hatscx'ver ; and  g(m(*rally  to 
make  such  rides,  I’egnlations,  by-laws  and  ordinances,  for  the  purpose 
of  maintaining  th(‘,  peace,  good  government  and  oi’der  of  the  city  of  St. 
Louis,  and  the.  trade,  commerc(‘  and  manufactures  thereof,  as  'the  city 
council  may  (hxmi  (cxixMlient,  not  I’ciiugnant  to  the  constitution  or  laws 
of  the  State;  and  also  to  enfoi’ce  the  observance  tlieriiof,  by  inllicting 
])ena!ti(‘s  upon  an^’  inhabitant  thereof,  or  othiu’  person  or  pei’sons,  for  the 
violation  of  any  ordinance,  not  exci'cding  live  hundred  dollars  for  any 
one  ollense,  recoverable  with  costs,  in  any  action  of  debt,  by  and  in  the 
naqie  of  the  city  of  St.  Louis,  for  the  use  of  the  city,  befon^  any  court 
having  cognizance  of  the  same. 

Forty-sixtJi — To  drain  and  k(*ep  draim'd  Cdiouteau’s  pond,  whenever 
they  deem  it  best  so  to  do  for  the  general  health. 

Sko.  IL  The  city  council  shall  have  powi'r  (snbject  to  the  restriction  in 
th(‘  last  clan.se  of  the  })r(‘cedlng  section  but  oiu*)  to  mak(^  all  ordinances 
which  shall  be  n(*cessary  and  })ropei’  for  cariwing  into  etfect  the  pow(U’S 
.q)ecitied  in  the  [)receding  si'ction,  and  all  other  {)owers  vested  by  this  act 
in  the  corporation,  the  city  government,  or  any  department  or  officer 
thereof. 


96 


AMENDED  CITY  CIIAETER. 


Sec.  4.  No  money  sliull  be  exi)en(le(l,  nor  .shall  any  improvement  be 
ordered,  involviim-  an  exi)enditm-e  of  money,  except  by  ordinance,  the 
provisions  of  wliidi  shall  be  specihe  and  detinite. 

Sec.  5.  Every  bill  which  shall  have  been  passed  by  both  branches  of 
the  city  conncil,  shall,  before  it  becomes  a law,  be  presented  to  the  mayor 
for  hi.s  approbation.  If  he  ap])r()ve  the  bill,  he  shall  .sign  it;  if  not,' he 
shall  return  it,  with  his  objections,  to  the  board  in  which  it  originated, 
which  ol)jections  shall  be  entered  at  large  on  the  journal,  and  the  bill  be 
reconsidered. 

Sec.  G.  If,  after  such  reconsideration,  three-fifths  of  all  the  members 
elected  to  the  board  in  which  the  bill  originated  shall  agree  to  pass  the 
same,  it  shall  be  sent,  together  with  the  objections  of  the  mayor,  to  the 
other  branch  of  the  city  council,  by  which  it  shall  in  like  inanner  be 
reconsidered,  and  if  passed  by  three-fifths  of  all  the  members  elected  to 
that  branch,  it  shall  become  a law. 

Sec.  7.  In  all  such  cases  the  vote  of  both  branches  shall  betaken  by 
yeas  and  nays,  and  entered  on  the  journals  of  each  branch,  respectively. 

Sec.  8.  If  anj-  bill  .fiiall  not  be  returned  by  the  mayor  in  five  days 
(Sundays  excepted)  after  it  shall  have  been  presented  to  him  for  his 
approbation,  the  same  shall  become  a law  in  the  same  manner  as  if  he 
had  approved  and  signed  it. 

Sec.  9.  Eveiy  resolution  to  which  the  concurrence  of  both  branches  of 
the  city  council  shall  be  necessary  (except  in  ease  of  adjournment)  shall 
be  presf'uted  to  the  mayor,  and,  before  the  same  .'^hall  take  etfect,  shall 
be  proceeded  upon  in  the  same  manner  as  in  case  of  a bill. 

Sec.  10.  The  .‘^tyle  of  the  ordinances  of  the  city  shall  be:  ‘‘Be  it 
ordained  by  the  city  council  of  the  city  of  St.  Louis.  • ’ 

Sec.  11.  All  ordinances  passed  by  the  city  council  shall,  within  five 
days  after  they  become  laws,  be  pulfiished  iir  two  newspapers  published 
in  the  city  of  St.  Louis,  which  sliall  be  of  difterent  politics.  Each  board 
may  cause  a correct  al)stract  of  its  i)roceedings  to  be  made  out  and  pub- 
lished in  at  least  two  of  Ihe  newspai)ers  of  the  city,  of  ditterent  politics. 
This  ab.stract  shall  pre.sent  the  sub.stance  of  all  petitions,  memorials,  and 
remonstrances,  of  all  motions  and  propositions,  and  of  all  bills,  resolu- 
tions and  orders,  so  as  to  exhi])it  their  nature  and  import,  and  shall  also 
2)resent  a brief  and  accurate  statement  of  all  i)roceedings  in  relation 
thereto.  The  communications  of  the  mayor,  and  of  other  city  ofiicers, 
sliall  be  published  in  full,  in  the  pajiers  xmblishing  the  jiroceedings  of  the 
boards,  but  the  boards  shall  so  order  as  not  to  incur  the  expense  of  i^ub- 
lishing  the  same  documents  a second  time;  whenever  the  publication 
herein  provided  for  shall  be  ordered,  the  iniblication  of  the  journals  of 
proceedings  in  full  shall  be  dis])(msed  with. 

Sec.  12*7  vVll  ordinances  of  the  city  maybe  iiroven  liy  the  seal  of  the 
coriioration,  and,  when  jirinted  and'imblished  by  authoVity  of  the  cor- 
poration, the  same  shall  be  i-eceived  in  evidence  iii  all  courts  and  places, 
without  furtluu-  proof. 

Sec.  18.  The  pre.sident  of  the  board  of  aldermen  shall  ex(‘rcise  the 
duties  and  receive  the  comiiensation  of  mayor,  whenever,  and  so  long  as, 
fi-om  any  cause,  said  ofiice  of  mayor  shall  be  vacant,  or  tin*,  mayor  Ik* 
absent  from  the  city. 

ARTICLE  IV. 

Executive  and  Ministerial  Offices. 

Section  1.  The  chief  executive  ollicer  of  the  city  shall  be  the  mayor, 
wdio  shall  be  elected  by  the  (pialiticd  vot(‘rs  of  the  city,  and  w ho  shall  hold 
his  ofiice  for  the  terni  of  one  year,  and  until  his  successor  is  duly  (dected 
and  qualified. 

Sec.  2.  No  iierson  shall  lx*  mayoi’  wdio,  at  the  time  of  his  ('lection,  is 
not  ])Ossess('d  of  the  qualifications' r('([uir('d  for  an  ahk'rman  or  d(*l('gat('. 
or  who  holds  any  lucrative  ofiice  imd(‘r  the  authoilty  of  the  Ibdted  States. 

Sec.  8.  When  two  or  more  j)ers()ns  shall  hav('  an  ('(jual  numlx'i'  of  votes 
for  the  ofiice  of  mayor,  the  two  branclu'S  of  the  city  council  shall  decide' 
the  election  by  joint  voUk 


AMENDED  CITY  CJIARTEE.  97 

Skc.  4.  AVlioiiever  an  election  for  mayor  shall  be  contested,  the  two 
hranehes  of  the  city  eonneil  shall  determine  the  same  by  joint  vote. 

Skc.  5.  AVhenever  any  vacancy  shall  happen  in  the  ollice  of  mayor,  it 
shall  be  tilled  by  election  in  such  manner  as  shall  be  provided  lor  by 
ordinance. 

Skc.  G.  The  mayor  may  be  removed  from  office  for  any  misdemeanor, 
by  a majority  of  two-thirds,  on  joint  vote,  of  both  branches  of  the  city 
council. 

Skc.  7.  The  mayor  shall  have  power  to  nominate,  and,  bj^  and  with  the 
consent  of  the  board  of  aldermen,  to  appoint  all  city  officers  not  ordered 
by  this  a(d  to  be  otherwise  appointed;  also,  to  suspend,  and,  with  the 
consent  of  the  board  of  aldermen,  to  remove  any  city  officer,  except  those 
elected  by  the  people;  he  shall  take  care  that  the  laws  of  the  State  and  the 
ordinances  of  the  city  ai’e  duly  enforced,  respected  and  observed  within 
thecit}^;  he  may  remit  fines,  "forfeitures  and  penalties  accruing  from,  or 
imposed  for,  the  violation  of  any  ordinance  of  the  city;  he  may  till  all 
vacancies  which  may  occur  in  any  elective  office  other  than  that  of  aider- 
man  or  delegate,  until  the  same  be  tilled  by  election,  and  in  any  other 
office  until  the  end  of  the  session  of  the  board  of  aldermen  which  shall 
next  happen  after  the  vacancy  shall  have  occurred;  he  shall,  from  time  to 
time,  give  to  the  city  council  information  relative  to  the  state  of  the  city, 
and  sliall  recommend  to  tlieir  consideration  such  measures  as  he  shall  deem 
expedient  for  the  advantage  of  the  city. 

Skc.  8.  Tlie  mayor  may  call  special  sessions  of  the  city  council,  or 
either  board  thereof,  by  proclamation. 

Skc.  0.  Whenever  a special  session  of  the  city  council,  or  either  board 
tliereof,  sliall  have  been  called  by  the  mayor,  he  shall  state  to  them,  when 
assembled,  the  causi^  for  which  they  have  been  convened. 

Skc.  10.  There  shall  be  a city  register,  city  auditor,  city  treasurer,  city 
inai-shal,  city  attorney,  and  city  engineer,  who,  in  aildition  to  the  duties 
prescribed  by  this  act",  shall  pertbrm  such  other  (luties  as  may  be  prescribed 
by  ordinance;  there  shall  also  be  such  other  officers,  servants  and  agents 
of  the  corporation,  as  may  be  provided  by  ordinance,  to  be  appointed  by 
the  ma^mr,  by  and  with  the  advice  and  consent  of  the  board  of  aldermen, 
and  to  perform  such  duties  as  may  be  i)i‘escrib<*d  by  ordinance. 

Skc.  11.  The  city  register,  city  auditor,  city  attorney,  and  city  mar- 
shal, shall  be  elected  by  the  qnalilied  voters  for  the  office  of  mayor,  aider- 
men  and  delegates;  and  the  city  engineer  and  city  treasurer  shall  be 
appointed  by  the  mayor,  by  and  with  the  advice  and  consent  of  the  board 
of  aldermen;  they  shall  hold  their  office  for  one  year,  and  until  their 
successors  are  duly  (pialiticd. 

Skc.  12.  It  shall  be  the  duty  of  the  city  register  to  keep  a recoi-d  of  all 
the  official  acts  of  the  mayoi-,  and,  when  necessary,  to  attest  them;  he 
shall  keep  and  i)reserve  in  his  office;  the  common  sead  of  the  city,  aiul  all 
records,  i)ublic  jeapci’S  and  documents  of  the  city  not  properly  belonging 
to  any  otlu'r  office. 

Skc.  1:1.  It  shall  be  the  duty  of  the  city  auditor  to  i)rescribe  the  mode 
of  keeping,  stating  and  rendering  all  accounts,  unless  otherwise  provided 
by  ordinance,  between  the  city  and  any  ])erson  or  body  cor[)orate. 

Skc.  14.  It  shall  be  the  duty  of  the  city  treasurer  to  receive  and  keep 
the  money  of  the  city,  and  to  pay  out  the  same  on  warrants  drawn  by  the 
auditor. 

Skc.  15.  The  city  marshal  shall,  within  the  city,  in  matters  of  a crimi- 
nal nature,  arising  under  any  law  of  the  State,  possess  the  same  powers, 
perforin  tin;  same  duties,  alid  receive  the  same  compensation  as  either 
constable  of  St.  Louis  township;  he  shall  execute  and  return  all  process 
issued  by  the  mayor,  recorder,  any  alderman  or  justice  of  the  iieace, 
under  this  act,  or  any  ordinance  of  the  city. 

Skc.  IG.  It  shall  be  the  duty  of  the  city  engineer  to  siiix'rintend  the 
construction  of  all  public  w'orks  ordered  by  the  city;  to  make  out  plans 
and  estimates  thereof,  and  to  contract  for  liie  execution  of  the  same;  and 
to  peiTorm  all  surveying  and  cngineei'ing  ordered  by  the  city : Provided^ 
however^  Such  plans  and  contracts  shall  be  first  approved  by  the  two 
boards  of  the  council,  or  they  shall  not  be  valid. 

7 


98 


AMENDED  CITY  CHARTER. 


Sec.  17.  The  mayor  and  all  other  otiicers  of  the  cori)oratioii  shall  reside 
within  the  limits  of  the  city  during  their  continnance  in  office ; and  if  the  • 
mayor  of  the  corporation  shall  cease  to  reside  witliin  the  limits  of  the 
same,  his  office  shall  he  thereby  vacated. 

Sec.  18.  There  shall  be  a recorder,  who  shall  be  a resident  of  the  city 
and  shall  possess  the  same  qnalitications  as  the  mayor,  under  the  proH- 
sions  of  this  act,  Avho  shall  be  elected  at  the  same  time  the  mayor  and 
aldermen  are  elected,  and  shall  hold  his  ollice  two  years,  and  until  his 
successor  is  duly  elected  and  cpialified;  such  recorder  may  be  removed 
from  office  in  the  same  manner  as  the  inaj’or;  he  shall  have  the  same 
jurisdiction  as  justices  of  the  peace  within  the  limits  of  the  city,  in  all 
State  cases;  he  shall  have  a jurisdiction  over  all  cases  arising  under  any 
ordinance  of  said  city,  subject,  however,  to  an  appeal,  in  all  cases,  to  the 
St.  Louis  criminal  court;  and  every  such  appeal  shall  be  taken  and  granted 
in  the  same  manner  as  appeals  are  taken  from  and  granted  hj  justices  of 
the  peace  to  the  criminal  court,  under  the  general  law  of  the  Slate.  He 
shall  charge,  in  all  cases,  the  same  fees  which  are  now  allowed  justices  of 
the  peace  for  the  same  kind  of  services,  which  shall  be  charged  and  col- 
lected as  other  costs,  and,  when  collected,  paid  into  the  city  treasury. 

Sec.  19.  The  recorder  shall  make  a semi-annual  report  of  all  fees 
charged  for  his  services,  which  report  shall  be  veritied  by  affidavit  and 
returned  to  the  mayor,  who  shall  submit  the  same  to  the  tirst  meeting  of 
the  city  council  thereafter. 

Sec.  20.  The  recorder  shall  receive  a salary  not  to  exceed  twelve  hun- 
dred dollars  per  annum,  to  be  fixed  by  ordinance,  and  paid  out  of  the 
city  treasury. 

ARTICLE  V. 

Of  Elections. 

Section  1.  A general  election  for  all  the  officers  of  the  corporation, 
required  to  be  elected  by  this  act  or  any  ordinance  of  the  city,  shall  be 
holden  on  the  tirst  Monday  of  April  in  each  year. 

Sec.  2.  At  all  elections  for  city  officers  the  voters  shall  vote  by  ballot, 
and  only  in  the  wards  wherein  they  respectively  reside. 

Sec.  8.  Judges  of  election  shall  be  appointed*  by  the  board  of  aldermen; 
they  shall  take  an  oath  to  faithfully  juid  impartially  discharge  theii-  duties; 
they  shall  open  the  polls  at  sunris*e  and  close  thein  at  sunset,  when  they 
shall  forthwith  proceed  to  ascertain  and  certify  the  result  of  the  electioir, 
in  presence  of  so  many  of  the  candidates  or  other  persons  of  all  parties, 
indiscriminately,  as  can  be  conveniently  accommodated  in  the  room 
selected  for  that  purpose:  Provided.,  That  there  shall  never  be  less  than 
ten  voters  present  at  any  count,  if  so  many  desire  to  be  present. 

Sec.  4.  No  election  shall  be  held  in  a grogshop,  or  other  place  where 
intoxicating  liquors  are  vended . 

Sec.  5.  All  persons  qualified  as  electors  under  the  tenth  section  of  the 
third  article  of  the  constitution  of  the  State  of  3Iissouri,  who  shall  have 
resided  six  months  within  the  city,  and  one  month  within  the  ward  where 
they  offer  to  vote,  next  preceding  the  election,  shall  be  deemed  (pialilied 
voters  at  all  elections  for  city  officers . 

Sec.  6.  Elections  for  city  ollicers  shall  continue  but  one  day,  and 
during  that  day  the  polls  shall  not  be  closed  under  any  pretense  what- 
soever. 

Sec.  7.  Special  elections  to  till  vacancies  shall  be  held  under  such  regu- 
lations as  may  be  provided  for  by  law  or  ordinance. 

ARTICLE  VI. 

Of  Opening  and  Improving  Streets. 

Section  1.  It  shall  not  be  lawful  for  the  city  council  to  grade,  laive, 
macadamize,  clean,  water,  oi*  light  any  street,  lan(>  oraveniu',  not  estab- 
lished and  opened  according  to  law  and  oi-dinance.  It  shall  be  lawfnl. 
nevertheless,  for  the  city  council  to  order  the  owner  or  owners  of  ground 


AMENDED  (MTV  CIIAETEIi. 


09 


front iiig’ oil  any  private  alley,  to  kec'.p  the  same  clean,  and,  if  necessary 
thereto,  to  direct  him  or  them  to  pave  the  same. 

Skc.  2.  Whenever  the  city  council  shall,  liy  ordinance,  estalilish,  open, 
widen  or  alter  any  street,  'lane,  aveniu',  aliey,  wharf  oi-  imblic  square, 
and  it  becomes  necessary  for  that  purpose  to  take  private  prop(*rty,  and 
no  at»'reenient  can  be  made  with  the  OAN  iier  thereof,  the  corporation  shall 
make  a just  compensation  therefor  to  the  person  ^vliose  property  is  so 
taken,  the  amount  whereof  shall  be  ascertained  as  follows,  to- wit:  The 
mayor  shall  petition  the  circuit  court  of  St.  Louis  county,  in  term  time, 
or  the  judge  thereof,  in  vacation,  setting  forth  in  his  petition  a jiarticular 
description  of  the  jn-operty  souglit  to  be  condemned  tor  public  use,  and, 
as  far  as  known,  the  name  or  names  of  the  owners  or  claimants  thereof, 
and  stating  for  what  purpose  the  said  xirivate  property  is  sought  to  be 
condemned,  whether  for  establishing,  opening,  widening  or  altering  a 
street,  lane,  avenue,  alley,  wiiarf  or  public  square,  and  praying  the 
court  or  judge  to  cause  the  damages  to  be  assessed;  on  the  presentation 
of  which  petition  it  shall  be  the  duty  of  the  court,  in  term  time,  or  of  the 
judge,  in  vacation,  to  cause  the  clerk  to  issue  a precept  to  the  sheritf, 
'recj[uiring  him  to  siiminon  twelve  disinterested  freeholders  of  the  city, 
who  shall  attend  at  the  courthouse,  at  a time  to  be  specitied  in  the 
precept,  not  less  than  live  nor  more  tlian  twenty  days  from  the  date 
thereof,  and  who  shall  be  sworn  diligently  to  inquire,  and  a true  assess- 
ment to  make,  of  the  damages  to  be  sutfered  liy  the  owners  of  the  property 
in  question,  and  a true  verdict  to  render,  acl;ording  to  the  law  and  the 
testimony.  It  shall  be  the  duty  of  the  mayor,  at  least  three  days  before 
said  petition  is  presented,  to  cause  a notice,  in  writing,  to  be  served  on 
each  of  the  owners  (if  known)  of  the  jiroperty  sought  lo  be  condemned, 
stating  the  tinie  and  place  at  which  said  iietition  shall  be  i)resented.  If 
the  owners,  or  any  part  of  them,  are  not  known  to  the  mayor,  he  shall 
cause  such  notice  to  be  published  in  at  least  three  newspapers  printed  in 
the  city  of  St.  Louis,  wiiich  notice  shall  be  pnlilished  at  least  six  days  l)efore 
said  petition  is  pi-esented.  in  vacation,  it  shall  be  thi*  duty  of  saitl  judge  to 
attend  at  the  time  designated  for  said  impK'st,  together  with  the  clerk  of 
said  court;  and  the  judge  shall  i)reside  at  the  same,  and  shall  cause  a record 
to  be  made  of  the  said  jn-oceedings.  Either  party  may  except  to  any  ruling 
of  the  judge  or  court,  as  in  ordiiiary  trials,  and  nia}',  in  like  manner,  app(‘al 
from  iris  (lecisions  to  the  sui)reme  coui’t;  continuances  to  a day  not  more 
than  twenty  days  distant,  oi'  lU'w  trials,  may  be  grant(Ml  ibr  good  cause, 
as  in  other  actions,  and  the  jn-oceedings,  as  n(*ar  as  maybe,  shall  confoi-ni 
to  the  ])roce(*(lings  in  ordinaiy  suits.  Judgment  shall  b(*  entered  against 
the  city  in  favor  of  the  several  owners.  resi)eclively,  for  tin;  damages 
assessed  by  tluqpiry,  ui)on  which  judgimait  execution  shall  issue,  as  in 
other  cases,  at  the  end  of  ninety  days  from  the  date  of  the  judgment;  the 
otllcers  of  the  couil  shall  be  ent  itled  to  the  same  fees  as  for  lik(*  services  in 
other  cases.  Whenever  judgment  is  renden'd,  the  city  may  proceed  to 
tak(i  i)Ossession  of  the  land,  and  apj)roi)i‘iate  tlu?  same  to  the  ])uri)OS(* 
mentioiu'd  in  the  petition,  without  waiting  for  the  termination  of  any 
ai)i)eal  which  may  be  taken. 

Sue.  3.  In  all  cases  of  condemnation  of  pro])erty  for  public  use,  the 
mayor  may  allege,  in  his  i)etition,  that  the  pi-operty  sought  to  be  con- 
deniiKMl  of  right  belongs  to  the  city,  and  not  to  the  claimant;  and  it*  such 
allegation  is  made,  tlum  the  court  or  judge  shall  tii-st  i)roc(‘ed  to  tiy  tin* 
(piestion  of  title  between  the  city  and  the  claimants;  and  if  tbe  title  to  all 
or  any  ])art  of  tin;  land  is  decided  to  be  in  said  claimant  or  claimants, 
fh(*n  the  jury  shall  assess  the  damages  sustaiiu'd  by  the  said  claimant  or 
claimants,  as  in  oth(*r  cases,  to  the  extent  to  which  they  shall  api)ear  to 
be  entitled  by  the  tinding  on  the  tirst  issue. 

Hue.  4.  VVhen  the  owners  of  the  major  i)art  of  the  front  of  all  tin* 
property  on  the  street,  lain;,  avenue  oi*  all(*y  iiroiiosed  to  be  opened, 
widenecl  or  altered,  shall  petition  therefor,  tin*  city  council  may  provide, 
by  ordinance,  foi-  the  oiiening,  widening  or  alteiang  the  same;  but  they 
may  prescribe  such  conditions,  to  lie  compli(*d  with  by  the  petitioners,  as 
tin;  council  shall  consider  just  and  reasonabh*,  and,  if  assented  toby  tin* 
petitioners,  the  mayor  shall  proceed  as  in  other  cases. 


100 


AMENDED  CIT  Y CHARTEE. 


Sec.  5.  The  mayor  and  city  council  shall  have  power,  by  orcliiiaiice,  to 
levy  and  collect  a special  tax  on  the  owners  or  occupiers "ot  tlie  lots  on 
any  strc'et,  lane,  or  avenue,  according  to  the  respective  fronts  owned  or 
occupied  by  them,  for  tlie  purpose  of  grading  or  paving  the  sidewalks  on 
such  street,  lane,  or  avenue:  Provided^  The  said  special  tax  shall  not 
exceed  the  cost  of  such  grading  or  paving,  according  to  the  respective 
fronts  as  aforesaid:  and  Provided,  farther,  That  no  such  improvement  shall 
be  ordered  until  the  street  in  front  of  such  improvement  shall  have  first 
been  planked,  paved,  or  macadamized,  in  the  center  thereof. 

ARTICLE  VII. 

Miscellaneous  Provisions. 

Section  1.  The  city  council  shall,  at  least  once  a year,  not  more  than 
thirty  nor  less  than  twenty  days  before  the  annual  election,  cause  to  be 
published  in  the  newspapers  einployed  to  do  the  city  printing,  a full  state- 
ment of  all  the  recei])ts  and  expeiiditnres  of  every  description  for  the 
current  fiscal  year,  including  all  the  moneys  which  have  jiassed  through 
the  hands  of  the  controller  or  treasurer,  for  any  imrpose  whatever, 
together  with  the  different  sources  of  the  city  revenue,  the  amount 
1‘eceived  under  each,  the  several  appropriations  made  by  the  said  city 
council,  the  objects  for  which  the  same  were  made,  and  the  sums  expended 
for  each;  also,  a statement  of  all  money  borrowed  upon  the  credit  of  the 
city,  whether  by  temporary  loans,  or" by  the  issue  of  bonds,  the  terms 
upon  wliicli  they  were  olitained,  the  authority  under  which  they  were 
borrowed,  and  the  purpose  to  which  they  were  applied,  and  how  much  of 
the  same,  or  other  city  indelitness,  has  been  repaid,  and  by  what  means. 
The  statement  shall  also  include  a detailed  account  of  the* city  property, 
existing  debts  of  every  description,  with  all  such  other  information  as  may 
be  necessary  for  a full  understanding  of  the  financial  concerns  of  the  city. 

Sec.  2.  All  ordinances  and  resoliitions  now  in  force  in  the  city  of  St. 
Louis,  and  not  inconsistent  with  this  act,  shall  remain  in  force  until 
altered,  modified,  or  repealed,  under  this  act. 

Sec.  3.  All  suits,  actions,  and  prosecutions,  instituted,  commenced 
or  brought  about  by  the  corporation  hereby  created,  shall  be  instituted, 
commenced  and  iirosecuted  in  the  name  of  ‘ ‘The  City  of  St.  Louis.  ’ ’ 

Sec.  4.  x\ll  actions,  fines,  penalties,  and  forfeitures,  which  have 
accrued  to  the  city  council  of  the  city  of  St.  Louis,  or  to  the  city  of  St. 
Louis,  shall  be  vested  in,  and  prosecuted  for,  by  the  corporation  hereby 
cieated . 

Sec.  5.  All  property,  real  and  personal,  heretofore  belono-ing  to  the 
inliabitants  of  tlie  town  of  St.  Louis,  or  to  the  trustees  of  said  town  in 
their  corporate  capacity,  or  to  the  mayor,  aldermen  and  citizens  of  the 
city  of  St.  Louis,  or  to  the  city  council  of  the  city  of  St.  Imuis,  or  to  the 
city  of  St.  I.ouis,  shall  be,  and  the  same  is  hereby  declared  to  be,  vested 
in  the  corporation  hereby  created. 

Sec.  G.  This  charter  "shall  not  invalidafe  any  act  done  by  the  mayor, 
aldermen,  and  citizens  of  the  city  of  St.  Louis,  or  the  city  council  of  the 
city  of  St.  Louis,  or  the  city  of  St.  Louis,  nor  divest  them  of  any  right 
wliich  may  have  accrued  to  them  prior  to  the  passage  of  this  act. 

Sec.  7.  The  general  assembly  may,  at  any  tune,  alter,  amend,  or 
I’cpeal,  this  charter. 

Sec.  7.  This  act  is  declared  to  be  a public  act,  and  may  be  read  in  evi- 
dence in  all  courts  of  law  and  ecpiity  in  this  State,  without  jiroof. 

Sec.  b.  The  mayor  of  the  city  of  St.  Louis  shall,  immediately  after 
tile  passage  of  this  act,  take  measures  to  promulgate  this  law  within  th(‘ 
limits  of  the  city  of  St.  Louis. 

Sec.  10.  Tin;  city  of  St.  Louis  shall  have  ])ower  to  erect  and  organize 
a workhouse  in  St.  Louis  county;  any  iierson  who  shall  fail  or  neglect  to 
]tay  any  tine  or  costs  imposed  on  him  by  any  ordinance  of  the  city  of  St. 
laiuis.'for  any  misdeiiKauior  or  breach  of  any  ordinance  of  said  city,  shall, 
instead  of  being  committed  to  the  Jail  of  the  county,  be  committed  to  the 
workhouse  until  such  line  and  costs  be  fully  paid:  'Provided,  hoivcver,  That 


a]\u^:ni)E1)  city  ciiahteh.  lOi 

no  suoli  inipris;()iiiuciit  sliall  oxoeod  tbo  period  of  six  months  tor  any  one 
oltense. 

Sec.  n.  Every  i)erson  so  committed  to  the  workhouse  shall  he  r(*(|nii-ed 
to  work  for  the  (*ity  at  such  labor  as  his  health  and  strenedh  will  i)ej‘mit. 
within  or  without  said  workhouse,  not  exeeedin.ijc  ten  hours  each  day.  and 
for  sneh  work  and  lal)or  the  person  so  employed  shall  Ix^  allowed,  'exclu- 
sive of  his  hoard,  tifty  (;ents  per  day  for  each  day's  work,  which  amount 
shall  «•()  towards  ])ayin<»’  such  tine  and  costs. 

Sec.  T2  The  inh;d)itauts  of  St.  Lonis  ai-e  hereby  exempt('d  from  work- 
ing- upon  any  road  beyond  the  limits  of  the  city,  and  from  paying-  any  tax 
to  i)rocure  laborers  to  work  upon  the  same. 

Sec.  13.  The  city  shall  not,  at  any  time,  become  a subscriber  for  any 
stock  in  any  corporation. 

Sec.  14.  The  city  council  shall  have  power,  by  ordinance,  to  provide 
for  borrowing  money  for  the  following  objects: 

First — To  complete  the  sewer  on  Biddle  street,  from  Xinth  street  to  the 
river. 

Second — To  build  sewers  on  Po])lar  street,  from  Tenth  street  to  the  river; 
on  Thii-teeiith  street,  from  Washington  avenue  to  Poplar  street;  and  on 
Seventh  street,  from  Olive  street  to  Biddle  street. 

Third — To  complete  the  town  hall,  and  to  pnrchase  ground  for  and  erect 
all  public  buildings  necessary  for  the  use  of  the  corporation;  and  also  to 
purchase  wharves  and  public  grounds,  and  to  impi-ove  and  keep  the  same 
in  repair. 

Fourth — To  erect  a new  reservoir,  and  to  extend  and  complete  the 
waterworks . 

Fifth — To  complete  the  works  necessary  for  the  improvement  of  the 
harbor,  and  to  impi-ove  unimproved  streets. 

Sixth — To  erect  a house  of  refuge  and  correction  for  juvenile  olfenders: 
Provided^  however^  That  ev(!ry  ordinanc(i  for  bori-owing  money  shall  si)ecify 
the  amount  to  be  borrow'ed,  and  the  obj(*ct  to  which  it  is  to  b(‘  ap[)lied,  and 
shall  have  been  passed  by  two-thirds  of  the  memb(U-s  elect  of  either  board 
voting  for  the  same:  ami.  Provided^  farther^  4'hat  no  such  ordinance  shall 
be  in  force  until  the  same  shall  have  becni  submitted  to  the  (pialilied  voters 
of  the  city  for  their  approval,  at  a spi'cial  (‘lection  to  be  held  for  that  pur- 
pose only,  and  shall  have  been  approved  by  the  majority  (A  the  votes  giv(‘n 
at  said  election. 

Seventh — To  i)ay  judgments  against  the  city  when  there  is  otherwise  no 
money  in  the  treas'ury'to  niecit  the  sanu^;  and,  in  case  of  mom'y  borrowed 
for  this  pni-i)os(‘,  the  same  may  be  done  njx)!!  a vot(‘  of  two-thii-ds  of  tlu' 
council,  without  submitting  the  same  to  the  ([iialilied  voters  of  the  city. 

Sec.  15.  Tin;  fiscal  y(‘ar  of  the  city  shall  terminate  on  the  day  preceding 
the  se.cond  Monday  of  April  in  each  year. 

Sec.  1G.  There  shall  be  a dig(\st  of  the  ordinances  of  tlu*  city,  which 
are  of  a general  nature,  juiblished  within  six  months  after  th(‘  i)assage  ol 
this  a(;t,  and  a like  digest  within  every  ])eriod  of  three!  yeai-s  thereafter. 

Sec.  17.  Whenever  any  reveiuu!  or  other  city  otlicer,  acconntabh'  as 
such  for  money  received  or  rec(‘ivable  by  him,  shall  n(‘gl(‘ct  or  r(*fuse  to 
l)ay  into  the  treasury  of  the  city  the  sum  or  balance  reported  by  the  auditor 
to  be  due  from  him  to  to  the  city  upon  the  adjustment  of  his  account,  tin' 
mayor  shall  order  suit  to  be  commenced,  in  the  proper  court,  against  such 
delimpient  ollicjer  for  such  sum  or  balancx!,  adding  thei-(‘to  tlu!  commis- 
sions of  the  delimpient,  which  shall  be  forfeited  in  every  instance  whei-e 
suit  is  commenced  and  judgm(*nt  obtained  ther(‘on,  and  an  interest  of  six 
per  cent.  ])er  annum  trom  the  time,  of  receiving  the  money,  or  when  it 
shall  have  been  received,  until  it  shall  be  paid  into  tin*  tr(*asnry. 

Sec.  18.  In  ev(!ry  case  of  delimpu'iicy,  wlu^re  suit  has  bemi  or  shall  lie 
instituted,  a transcript  from  the  books  of  the  anditoi-,  certitii'd  by  him, 
shall  be  admitted  as  eviik'iice,  and  the  courts  trying  the  cause  may  gi-ant 
judgment  and  award  (‘xi'cntion  accordingly. 

Sec.  11).  When  suit  shall  be  instituted  against  any  delim[nent,  as  afore- 
said, the  eonrt  where  the  same  maybe  iH'iiding  shall  grant  judgment  at 
the  return  term,  upon  motion,  unless  the  detendant  shall,  in  o[)en  court 
(the  city  attorney  being  pre.seut),  make  oatli  or  atlirmalion  that  ho.  is 


102 


AMENDED  CITY  ClIAETER. 


(‘iitilled  to  (Tcdits  ^\]ii(.‘]l  had  been,  previous  to  tlie  coniineiiceiiieiit  of  tlio 
>uit,  siil)inilted  to  tlie  eoiisidenitioii  of  the  auditor  and  rejected,  specifying 
each  particular  item  so  rejected,  in  the  alhdavit,  and  tlnit  he  cannot  then 
safely  come  to  tiial ; oath  or  altirmation  to  this  etlect  being  made,  sub- 
scrilied  and  tiled,  if  the  court  ])e  thereui)on  satistied,  a continuance  until 
tlie  next  succeeding  term  may  be  granted,  but  not  otherwise. 

Se(x  20.  In  suits,  such  as  atbresaid,  no  claim  for  a credit  shall  be 
admitted  u])on  trial  but  such  as  shall  appear  to  have  been  ])resented  to  the 
auditor  for  his  examination,  and  by  him  disallowed  in  whole  or  in  part, 
unless  it  be  ])roved  to  the  satisfaction  of  the  court  that  the  defendant  is,  at 
the  time  of  the  trial,  in  possession  of  vouchers  not  before  in  his  power  to 
})rocure,  and  that  he  was  jerevented  from  exhibiting  a claim  for  such 
credit  to  the  auditor  by  some  unavoidalde  accident. 

Sec.  21,  One-half,  at  least,  of  the  revenue  of  each  year  shall  be  appro- 
priated to  defraying  the  back  and  current  interest  on  the  debt  owing  by 
tlm  city,  created  l)y  way  of  loans  to  her,  the  erection  of  waterworks,  and 
lighting  of  the  city  conjointly ; a separate  account  shall  be  kept  of  such 
appropriation  and  the  disbursements  thereof,  and  if  any  such  appropria- 
tions shall  be  diverted  from  the  appropriate  objects,  each  menil)er  of  the 
council  voting  for  such  misappropriation,  and  the  mayor  apin-oving  any 
bill  or  resolution  making  such  misappropriation,  shall  be  liable  to  the  city 
in  his  individual  estate  to  the  amount  of  such  misappropriation;  Provided, 
however,  Any  excess  at  the  end  of  any  tiscal  year,  remaining  after  the 
('xpenses  attendant  on  those  o])jects  are  liquidated  and  paid,  sirall  consti- 
tute a sinking  fund  foj*  the  discharge  of  the  debt  or  debts  of  the  city  made 
by  way  of  loans  to  her,  and  may  be  so  appropriated;  and  if  any  appro- 
[)'riation  be  made  in  other  respe(;ts  contrary  to  this  act,  each  member  of 
the  city  council  voting  for  such  appropriation,  and  the  mayor  approving 
any  bill  or  resolution  making  such  appropriation,  shall  be  liable  to  the 
city  in  his  individual  estate  to  the  amount  of  such  appropriation:  Provided, 
however.  Any  excess,  remaining  after  all  legal  approj)riations  for  one 
year,  shall  constitute  a sinking  fund  for  the  discharge  of  the  debt  of  the 
city  made  by  loans  to  her,  ami  may  l)e  so  a])propriated. 

8ec.  22.  *A  separate  account  shall  be  kept  of  the  revenue  applicable  to 
the  ditferent  ol)jects  in  this  act  indicated,  and  of  the  disbursements  on 
account  of  each. 

Sec.  28.  At  each  session  of  the  city  council,  stated  or  special,  and  on 
the  lirst  day  thereof,  the  auditor  and  treasurer,  under  such  penalty  as 
may  be  pia'scribed  by  ordinance  for  neglect  thereof,  shall  lay  Ijefore  each 
board  of  the  council  and  the  mayor,  a "statement  showing  the  amount  of 
income  derived  from  the  revenue  of  the  preceding  fis(‘al  year,  and  the 
appi-opriaiions  for  the  dillercmt  o])jects  to  Mdiich  the  revenue  is  applicable 
during  the  then  current  liscal  year,  certified  by  them  jointly. 

Sec.  24.  No  warrant,  bill,  or  note,  shall  be  issued  b.y  the  city  to  any 
creditor  of  the  city,  for  less  than  one  thousand  dollars,  or  the  entire 
amount  due  by  the  city  to  such  creditor,  if  the  same  lie  less  than  such 
sum,  or  the  balance  reinaining  due  to  such  creditor,  after  the  issue  to  him 
of  such  thousand  dollar  seem-ities. 

Sec.  25.  All  acts  and  parts  of  acts  contrary  to,  and  inconsistent  with, 
tin*  iirovisions  of  this  act,  or  within  the  ])U,rview  thereof,  except  the  seven- 
teenth section  of  the  act  entitled  ‘‘‘An  act  to  amend  an  act  to  incorporate 
the  city  of  St.  Louis,”  approved  Felnaiary  8,  1889,  are  hereby  rejiealed. 

Sec.' 20.  The  present  city  council  shall  exercise  all  the  powers  and 
functions  vested  in  the  council  under  this  act,  until  superseded  under  the 
sannq  and  they  shall,  as  soon  as  jiracticable,  after  the  ])assage  of  this  act, 
liroceed  to  take  an  enumeration  of  the  free  white  male  inhabitants  of  the 
city,  and  to  divide  the  city  into  wards,  as  iirescribed  by  the  same,  and 
pi'ovide  for  eh'ctions,  conformable  to  the  saim*:  Provided,  hov)ever,  d'lu' 
r(‘xt  eh*(*tion  of  ald(‘rm(*n  and  deli'gates  shall  not  take*  plae('  till  afli'r  such 
(numeration  and  ai)portionni(‘nt,  but  shall  as  soon  lhei*('aft(‘r  as  can  be, 
whi(;b  shall  lx;  pr(‘scrlbed  by  ordinance,  and  be,  at  least,  within  six 
months  from  the  })assag('  of  this  act. 

Sec.  27.  Tin*  s(‘cond,  third,  foui’th,  seventh  and  eighth  sections  of  an 
act  entitled  ’‘.Vii  act  for  the  iniprovemeul  of  the  harbor  opposite  to  St . 


AMENDED  CITY  CirAIlTER. 


103 


Eonis,*'  Mi)provo(l  INI arcl' Ti,  1810,  aro  luM-(‘l)y  rc'pealed,  and  tlie  ])ond.s 
alivadv  issued  under  aulhority  of  tlie  said  act  shall  eonstitute  a i)oi-tiou  of 
the  debt  of  tlie  city  of  St.  Taniis.  (The  elfeet  of  this  amendment  is  to 
make  the  loan  for' improvement  of  har])or,  opposite  tlie  south  part  of  the 
city,  oliaro'eahle  to  the  general  harbor  loan.) 

Sec.  28.  The  city  marshal,  and  his  deputies,  and  all  police  otlicers  of 
the  city,  shall  have  power  to  make  arrests  at  any  place  within  the  county 
of  St.  ijouis. 

Sec.  20.  The  county  court  of  the  county  of  St.  Louis  shall,  annually, 
le\y  and  collect  a special  tax  of  not  exceeding  one-twentieth  of  one  per 
(jeiilnm  on  the  appraised  value  of  all  property  within  the  township  of  St. 
Louis,  and  outside  of  the  limits  of  the  city,  and  shall  pay  the  proceeds  of 
the  said  tax,  as  soon  as  collected,  into  the  treasury  of  tiie  city;  and  the 
said  proceeds  shall  be  specially  set  apart  and  appropriated  to  the  mainte- 
nance of  a township  police,  to  be  appointed  in  the  same  maimer,  and  to 
be  subject  to  the  same  rules  and  regulations,  as  the  cit}^  police,  but  to  be 
statioi'ied  and  employed  outside  of  the  limits  of  the  city,  and  within  the 
said  township,  for  the  better  security  of  the  inhabitants  thereof:  Provided^ 
howeoei\  That  no  such  tax  be  levied  niitil  the  provisions  of  this  section  are 
ratilied  by  a majority  of  the  votes  cast  by  the  (qualified  voters  of  that  part 
of  the  township  subject  to  the  tax,  at  an  election  to  be  held  for  that 
purpose,  under  an  order  of  the  county  court;  and  if  so  ratified,  then  the 
jurisdiction  of  the  city  is  hereby  extended  over  the  township  for  police 
purposes,  and  all  persons  arrested  therein  may  be  tried  and  punished,  or 
committed,  as  in  cases  of  arrest  within  the  city  proper. 

Sec.  30.  The  city  coniicir  shall  have  ])ower  to  cause  property,  upon 
which  general  or  special  taxes,  levied  by  the  city,  remain  unpaid  after  the 
expiration  of  the  time  fixed  by  ordinance,  to  be  sold,  and  to  direct  the 
maimer  and  conditions  niider  which  property  sold  for  taxes  may  be 
redeemed. 

Sec.  31.  All  lands  and  lots  of  ground  shall  be  assessed  for  taxation  at 
their  actual  cash  value ; and  all  houses  and  other  improvements  shall  be 
assessed  and  taxed  witli  the  ground  on  which  they  stand. 

Sec.  32.  The  seventeenth  section  of  the  seventh  article  of  the  “Act  to 
incoi-porate  the  city  of  St.  Louis,”  approved  Eebruary  loth,  1841,  is 
hereby  repealed. 

Sec.  33.  This  act  shall  not  be  so  construed  as  to  repeal  or  impair  the 
force  of  the  provisions  of  an  act,  entitled  “An  act  supplemental  to  the 
several  acts  to  iiicoriiorate  the  city  of  St.  Louis,  and  to  continue  in  force 
the  law,  known  as  tlie  new  limit  law,  as  it  now  exists,”  passed  at  the 
session  of  the  general  assmnbly.  • 

This  act  to  be  in  force  from  its  ])assage. 

N.  W.  WATKINS, 

Speaker  of  the  House  of  liepresentatives . 

THUS.  L.  PRICE, 

President  of  the  Senate. 

Approved,  March  3,  1851. 

AUSTIN  A.  KING. 


MISSOURI:  Office  of  Secretary  of  State,  1 

City  of  Jefferson,  j 

I,  Ephraim  B.  Ewing,  Secridary  of  State,  do  certify,  that  the  foregoing 
act  of  the  general  assembly  of  tlu!  State  of  iNllssoiiri,  entitled  '•'•An  act  to 
reduce  the  law  iiicorporafiiig  the  city  of  St.  Louis,  and  the  several  acts 
amendatory  thereof,  into  one  act,  and  to  aniPiid  the  same,”  approved  -March 
3,  1851,  is  a true  and  perfect  copy  ^'f  tic*  original  roll  on  tih',  in  this  ollici*. 

In  testimony  whereof,  I have  hereunto  set  my  hand  and  atlixed  the 
r-  „ 1 seal  of  said  ollice,  at  the  city  of  Jetferson,  this  eleventh  day  of 
March,  A.  1).  1851. 

EPHRAIM  B.  EWING,  Secretary  of  State. 


AMENDED  CITY  CHARTER 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  “AN  ACT  TO  REDUCE  THE  LAW  INCORPORATING 

THE  CITY  OP  Sr.  LOUIS,  AND  THE  SEVERAL  ACTS  AMENDATORY  THEREOF, 

INTO  ONE  ACT,  AND  TO  AMEND  THE  SAME,”  APPROVED  MARCH  3,  1851. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

Section  1.  Tlie  first  section  of  the  third  article  of  the  act  to  whicii 
this  is  amendatory  is  hereby  repealed,  and  the  following-  enactment  shall 
take  the  place  of  said  section,  and  have  full  force  and  aiithorit,y  as  part  of 
the  charter  of  the  city  of  St.  Louis,  to- wit:  The  appropriations  of  the 
city  council  for  pajunent  of  interest,  for  improvement,  and  for  city 
expenses,  except  tlie  proceeds  of  loans  made  in  conformity  to  law  for 
specific  purposes,  shall  not  exceed,  during;  nuy  one  fiscal  year,  the  income 
of  said  fiscal  year.  The  revenue  received  from  ’wharfage  (deducting- 
expenses  of  collecting  the  same,  and  other  incidental  expenses  attendant 
thereon)  shall  he  applied  and  appropriated  exclusively  to  the  improve- 
ment of  the  wharf,  until  the  same  be  completed;  and  the  harbor  tax,  and 
all  other  special  taxes,  shall  be  applied,  respectively,  to  the  objects  to 
wdiich  they  are  applicable  by  law:  Provided,  however,,  That,  next  jifter  the 
special  appropriations  above  named,  a sum  sufficient  to  pay  the  accruing 
interest  on  the  city  debt  shall  be  set  apart  and  approju-iated  for  that 
purpose  before  any  appropriation  for  any  other  object  is  made,  and  from 
the  sum  so  appropriated  no  deduction  or  transfer  sliall  be  made  under  any 
pretense  whatever:  Provided,  further.  That  the  council  may  issue  new 
bonds  for  the  purpose  of  paying  bonds  matured,  and  ajiply  the  proceeds 
to  the  payment  of  bonds  so  Yalling  due,  or  may  appropriate  the  surplus 
revenues  of  each  year  to  the  payment  of  such  bonds,  or  the  creation  of  a 
sinking  fund  for  that  purpose. 

8ec.  2.  The  whole  of  the  sixth  article  of  the  said  amended  charter 
shall  be,  and  the  same  is  hereby  repealed,  and  the  following  shall  be,  and 
is  hereby  enacted  and  established  as  the  law  for  opening-  and  improving 
streets  iii  the  city  of  St.  Louis,  and  shall  be  substituted  for,  and  take  the 
place  of,  said  sixth  article  in  the  act  referred  to  in  the  heading  of  this  act, 
and  of  -which  this  is  amendatory,  viz:  Article  vi.  Of  opening  and  imj)rov- 
ing  streets.  Section  1.  It  shall  not  be  huvful  for  the  city  council  to  grade, 
pave,  macadamize,  clean,  water,  or  light  any  street,  lane,  av(Miue,  or 
wharf,  not  established  and  opened  according  to  law  and  ordinance.  It 
shall,  nevertheless,  be  lawTul  for  the  city  council  to  order  the  owner  or 
owners  of  ground  fronting  on  any  private  alley  to  keep  the  same  clean, 
and,  if  necessary  thereto,  to  direct  him  or  them  to  pave  the  same.  Sec.  2. 
Whenever  the  city  council  shall  provide,  by  ordinance,  for  estaldishing, 
opening,  widening,  or  altering  any  street,  lane,  avenue,  alley,  wharf, 
or  public  square,  and  it  becomes" necessary  for  that  jiurpose  to  tak(‘ 
private  proiierty,  and  no  agi-eement  can  be  made  with  the  owner  or 
owners  thereof,'just  compensation  shall  be  made  therefor  to  tlu^  i)erson 
or  ])ei-sons  whose  propin-ty  is  so  taken,  which  the  mayor  shall  cause  to  be 
ascertained  by  a jury  of  twidve  disinterest(*d  freeholdei-s  of  tlu^  city,  the 
particulars  of  wh'ose  proceeding  shall  be  prescribed  by  ordinance.  Sec.  ih 


AMENDED  CITY  CIIARTEIl. 


105 


The  mayor  sliall  appoint  ;i  day  for  impaiineliii<>’  a jury  and  a.scei’lain- 
ino-  tlu*  damaijfos,  at  least  sixty  days’  notica*  of  which  shail  he  ^iven  to  tlio 
l)ersons  whose  proi)erty  is  pi-o])osed  to  he  taken;  and  if  any  of  Ihe  owinn-s 
thereof  are  unknown,  can  not  he  found  h}'  the  marshal  of  the  city,  or 
are  absent  from  the  city,  (and  tlie  return  of  the  marshal  shall  he’ con- 
clusive as  to  tli(!  facts  tlierein  stated,)  ])uhlication  thereof  shall  he  made  in 
at  least  two  of  the  city  daily  neAVS[)a[)ers,  for  at  least  four  Aveeks  before 
the  day  appointed,  notifying  all  owners  and  others  interested  in  the 
l)roperfy  proi)Osed  to  he  taken,  and  in  the  improvements  to  be  made, 
that,  on  the  day  therein  named,  the  mayor  will  cause  the  property 
therein  described  to  be  condemned  for  public  use,  as  an  alley,  street, 
lane,  avenue,  wharf,  or  square,  as  the  case  may  be,  and  damages  to  l)e 
assessed  therefor  as  herein  provided;  and  such  notice,  by  publication,  as 
aforesaid,  shall  be  binding  upon  all  persons  whatsoever  having  any  inter- 
est in  any  proi)erty  that  may  be  chargetl  b}"  the  verdict  of  the  jury  with 
the  payinent  of  any  portion  of  the  damages  in  consideration  of  benelits  to 
be  (lerived  by  them.  Sec.  4.  It  shall  be  the  duty  of  the  jury,  lirst, 
to  ascertain  the  actual  value  of  the  lapd  proposed  to  be  takeii  for  the 
opening,  widening,  or  altering  of  a lane,  alley,  street,  avenue,  wharf,  or 
public  square,  without  reference  to  the  proposed  improvement;  then,  for 
the  payment  of  such  sum,  to  assess  against  the  city  the  value  to  the  public 
generally  of  the  proposed  imi)rovenient,  and  to  assess  the  balance  against 
the  owner  or  owners  of  the  i)roperty  fronting  on  such  lane,  alley,  street, 
avenue,  wharf,  or  square,  and  in  the  blocks  next  adjacent,  on  enther  side 
or  end  thereof,  according  to  the  value  of  tlie  property  so  assessed,  and 
in  the  proi)ortion  that  the  ownei-s  thereof  may  be  res])ectively  benetited  by 
the  pi'oposed  improvement;  and  the  snm  or  sums  to  be  ])aid  by  the  owner 
or  owners  of  property  res])ectively  benelited  l)y  the  improvements,  as 
ascertained  by  the  jmy,  shall  be  a lien  or  liei’is  upon  the  j)r<)])(n-ty  so 
charged,  and’ shall  b(^  collected  as  i)rovided  by  ordinance.  4'he  verdict 
shall  be  signed  by  each  juror  and  d(*livered  to  the  mayor.  Sec.  5.  'fhe 
mayor  shall  have  power,' for  good  cause  shown,  within  ten  days  afhT  any 
inquest  shall  have  been  rciturned  to  him,  to  s<q  the  same  aside  and  cause  a 
new  inquest  to  be  made.  Sec.  0.  If  the  vei-dict  ot  the  jury  is  not  set  aside 
by  the  mayor,  it  shall  b(^  his  duty,  within  four  months,  to  ri'poid  thesam(‘ 
to  the  council;  and  if  an  ai)pi-opriation  is  made  hy  the  conncil  within  three 
months  thereafter  to  ])ay  the  snm  or  sums  awai-d'ed  to  he  ])aid  by  the  city, 
it  shall  then  he  lawfid  for  the  city  to  talo;  i)ossession  ot  the  ground  so 
condemned  to  piihlic  us(u  Provided,  however,  'fhat,  if  tin*  title  to  the  i)rop- 
erty  ])roposed  to  be  (‘.ondemned  is  in  (‘ontrovers}',  nothing’  shall  h(^  ])aid 
therefor  until  the  right  to  the  money,  ascertained  by  the  verdiet  of  the 
jury,  is  d(!t(‘rmined  by  the  judgment  of  a c-onrt  of  conq)et(*nt  jurisdiction, 
in  a suit  hetwen  the  parties  respectively  claiming  the  sam<*;  none  of  th(‘ 
costs  of  which  litigation  shall  be  borne  by  the  city,  unless  the  city  he  oiui 
of  the  claimants,  and  during  such  controversy  the  money  shall  nanain  in 
the  city  treasury.  Sec.  7.  When  the  owners  of  the  major  part  of  the  front 
of  all  the  propcM-ty  on  the  street,  lane,  avenue,  alley,  or  wharf,  proi)osed 
to  be  opened,  widened,  altered,  oi‘  established,  shall  petition  the  council 
therefor,  the  city  council,  it  the  Improvement  i)roposed  by  the  [Kditioners 
is  deemed  expedient,  shall  i)rovide,  by  ordinance,  for  the  opening,  widen- 
ing, or  establishing  the  same  (hut  in  that  case  no  damages  will  be  awarded 
to  any  of  the  ])etitioners) , and  the  pi’oc(*edings  for  the  condemnation  of 
proi)erty,  so  proi)osed  to  he  taken,  shall  in  oth(*r  respects  be  conducted  as 
is  ])rescribed  by  this  article,  where  it  is  sought  to  condemn  j)roperty  for 
public  use  without  the  petition  of  the  property  holders.  Sec.  S.  The 
mayor  and  city  eouncil  shall  have  i)ower,  by  ordinancaq  to  levy  and  collect 
a special  tax  on  the  owners  or  occupicu’s  ot  the  lots  on  any  lane,  avenue, 
street,  or  wharf,  according  to  the  res[)ective  fronts  owned  or  occupi(*d_by 
them,  for  the  pnrpost;  of  grading  and  paving  the  sidciwalk,  and  setting 
curhstoiKiS  in  such  str(‘(*t,  lam*,  avenue,  or  wharf:  Provided.,  The  si)ecial 
tax  shall  not  exceed  th(f  costs  of  such  grading,  paving,  and  cui’lnng, 
according  to  the  r(*speetive  fronts  afon'said  : and,  Provided,  farther,  'fhat 
no  such  imj)rovenients  shall  be  ordered  until  tlu*  str(*(*t,  lane,  avenue,  or 
wharf,  in  front  of  such  improvement,  shall  have  lirst  been  planked,  paved. 


lOG 


AMENDED  CITY  CHARTER. 


or  iiiueadaniized,  in  the  center  thereof.  Snch  tax  sliall  l)e  a hen  on  tlie 
])roi)erty  cliarged  tlierewith,  and  payment  thereof  shall  be  enfoi-ced  as 
prescialjed  by  ordinance.  ' 

Sec.  3.  It  shall  he  lawfnl  for  the  city  council  to  sell  the  stores  erected 
on  ])lock  seven,  between  Market  and  Walnut  streets,  and  apply  the  pro- 
ceeds of  such  sale  to  the  extino-nislnnent  of  the  debt  ci-eated  for  the 
purchase  of  the  ground  and  building  of  said  stores.  And  the  third  clause 
of  the  fourteenth  article  of  the  said  act,  whereof  this  is  amendatory,  is 
hereby  declared  to  confer  upon  the  council  the  power  to  purchase  ground 
for  and  erect  a town  hall  and  other  municipal  buildings  in  any  i)art  of  the 
city  of  St.  Louis,  and  to  issue  the  bonds  of  the  cit^Abr  the  purpos('.  under 
the  same  restrictioas  as  are  provided  in  regard  to" other  loans.  And  it  is 
also  hereby  further  declared  that  judgments  against  the  city  on  account  of 
the  damages  to  private  parties,  iii  case  of  opening  streets  (except  those 
embraced  in  the  recent  compromises  made  by  the  city  in  regard  to  the 
wharf),  shall  not  be  considered  as  ordinary  judgments,  payment  of  which 
is  provided  in  the  seventh  clause  of  said  seventh  article  of  the  said  amended 
charter,  approved,  as  aforesaid,  March  3d,  1851;  but  such  judgment  shall 
be  held  in  abeyance,  and  tlie  city  shall  not  take  possession  of  the  ground 
condemned  until  the  issue  of  the  bonds  to  pay  the  same  shall  be  author- 
ized by  vote  of  the  council,  eight  members  in  each  board  approving;  and 
in  case  where  the  awaial  against  the  city  shall  exceed  the  sum  of  ten  thou- 
sand dollars,  a vote  of  the  people  Ijeiiig  also  taken,  as  in  other  cases  of 
making  loans:  Provided,  however^  That,  if  such  action  is  not  had  within 
three  months  after  the  rendering  of  any  such  judgment  or  award  against 
the  city,  the  same  shall  be  absohitely  void  and  of  no  effect. 

Sec.  4.  In  addition  to  the  officers  of  the  city  now  made  elective  by  law, 
tlie  following  officers  shall  be  elected  by  the  people  at  the  annual  April 
election:  Controller,  treasure]-,  superintendent  of  workhouse,  superin- 
tendent of  waterworks,  and  harbor  master:  Provided,  hov}eve't\  That  any 
city  officer  now  in  office  shall  hold  the  same  until  the  end  of  the  term  for 
which  he  was  ap])ointed  and  commissioned. 

Sec.  5.  The  lourth  section  of  the  act  entitled  ‘ ‘An  act  for  tlie  iinjirove- 
ment  of  the  harbor  of  St.  Louis,”  approved  March  2Gth,  1845,  and  the 
twentieth  section  of  the  fourth  article  of  the  act  to  which  this  is  amenda- 
tory, are  hereby  repealed;  and  the  city  council  shall  have  power,  by 
ordinance,  to  tlx  the  compensation  of  all  its  members  and  other  city 
officers. 

Sec.  G.  Tlie  twenty-tirst  section  of  the  seventh  article  of  the  act  to 
which  this  is  amendatory,  so  far  as  it  contlicts  with  the  tirst  section  of  the 
third  article  thereof  as  herein  amended,  is  hereby  repealed. 

Sec.  7.  The  second  proviso  to  the  sixth  clause  of  the  fourteenth  section 
of  the  seventh  article  of  the  act  of  which  this  is  amendatory,  shall  be  and 
the  same  is  hereliy  so  changed  and  amended  as  to  jiei-mit'the  vote  of  the 
citizens,  in  regard  to  any  loan  authorized  by  ordinance,  to  be  taken  at 
any  general  election  held  in  the  city,  or  at  any  special  election  held  for 
that  01-  any  other  purpose,  if  so  ordered  by  the  council  in  the  oi'di nance 
proposing  the  loan . 

Sec.  8.  This  act  shall  not  be  so  construed  as  to  repeal  oi- impair  the 
force  of  the  provisions  of  an  act  entitled  “An  act  supplemental  to  the 
several  acts  to  incorporate  the  city  of  St.  Louis,  a’.id  to  canitiuue  in  force 
the  law  commonly  called  the  new  limit  law,  as  it  now  exists,  ’ ’ approved 
March  1st,  1851,  and  which  shall  be  so  construed  as  not  to  allow  any  of 
the  new  limit  fund  to  be  appropriated  for  rei)airing  streets. 

Sec.  9.  The  city  of  St.  Louis  shall  have  power  to  subscribe  any  amount 
of  stock  she  may  deem  proper  to  any  railroad  to  be  constructed  within  the 
State  of  Missouri;  and  may  issue  her  bonds  to  pay  her  snbscrii)tions,  for 
such  length  of  time,  and  ui)on  such  tei-ins  and  conditions,  as  sIh*  may 
deem  in-oi)er,  and  take  all  ste])s  she  may  think  ])roi)er  to  protect  Inn- 
intcicst  in  any  raili\/ad  to  winch  she  mu}  or  has  subscribed  any  slock. 

Sec.  10.  The  city  of  St.  Louis  shall  have  i)ower  to  direct  to  be  built, 
at  the  ex])ense  of  the  city,  any  main  sewer  necessary  to  carry  out  the 
general  system  ot  sew(a-s  adojOed;  and  to  boi-i-ow  inoiu'y  for  tlu^  purpose 
of  making  any  public  improvement  that  may  be  deemed  necessary  for  the 


AMENDED  CITY  CIIAirrEE. 


107 


nty,  or  of  ucquiriiio-  uiiy  properly  for  the  ])ul)lie  use  of  the  city,  uiid  lufiy, 
if  necessary  to  accouiplisli  tlie  object,  issue  tlie  l)omls  of  the  city,  haviii^i- 
not  more  tiiau  thirty  years  to  run ; hut  the  authority  lierehy  given  sliall 
not  he  (‘xercisecl  uiiiess  two-thirds  of  the  city  council  shall  i)ass  an  ordi- 
nance for  the  i)nrpose,  which  shall  be  approved  l)y  the  mayor;  the  sense 
of  the  (pialilied  voters  shall  he  taken  at  an  election  to  be  held  for  the  pur- 
pose. after  giving  ten  days’  notice,  in  all  the  daily  newspapers  printed  in 
the  city  of  St.  Louis,  of  the  amoimt  proposed  to  be  borrowed,  for  what 
length  of  time,  and  for  what  purpose;  and  if  a majority  of  those  voting 
shall  decide  against  making  the  loan,  it  shall  not  be  made. 

This  act  shall  take  eifect'from  its  passage. 

Ajjproved,  February  23,  1853. 


MISSOURI:  Office  of  Secretary  op  State. 

I,  John  M.  Richardson,  Secretary  of  State,  hereby  certify  the  fore- 
going is  a correct  copy  of  the  original  roll,  on  tile  in  liiy  office,  of  an  act 
passed  by  the  general  assembly  of  the  State  of  MissonVi,  entitled  “An 
act  to  amend  an  act  entitled  an  act  to  reduce  the  law  incorporating  the 
city  of  St.  Louis,  and  the  several  acts  amendatory  thereof,  into  one  act, 
and  to  amend  the  same,  ” approved  March  3d,  1851. 

In  testimony  wiieih^of,  I hereto  set  my  hand,  and  affix  the  seal  of 
r said  office.  Done  at  the  office  of  ScWetary  of  State,  in  the  city  of 

Jefferson,  this  10th  of  March,  1853. 

JOHN  M.  RICHARDSON,  Secretary  of  State. 


AN  ACT 

to  amend  the  city  charter  of  the  city  of  ST.  LOUIS. 

Be  it  enacted  by  the  General  Assembly ,^^'he  State  of  Missouri,  as  follows : 

Section  1 . That  clause  four  ( 4 ) of  section  two  ( 2 ) of  the  amended 
city  charter  of  the  city  of  St.  Louis,  approved  February  23d,  1853,  be 
amended  by  stilking  out  the  w'ords  “and  in  the  blocks  adjacent  on  either 
side  or  end  thereof,”  and  insert  the  following:  “and  of  the  property 
beneiited.” 

Sec.  2.  That  the  said  city  charter  he  further  amended,  liy  adding  the 
following  in  section  two,  of  article  tliree:  ‘ ‘To  levy  and  collect  an  animal 
2)ro  rata  tax  on  all  tire  insurance  comiianies,  for  the  pnr])ose  of  defraying 
the  exiienses  of  the  inspection  of  buildings,  and  investigating  the  causes 
of  all  iires.  ’ ’ 

This  act  to  take  effect  and  lie  in  force  from  and  aftm-  its  passage. 

Approved,  March  5,  1855. 


AN  ACT 

SUPPLEMENTARY  TO  THE  SEVERAL  ACTS  TO  INCORPORATE  THE  CITY  OF  ST.  LOUIS. 

Be  it  enacted  by  the  General  Asseynbly  of  the  State  of  Missomd,  as  follou)S : 

Section  1.  4’he  cost  of  grading,  paving,  re])airing  and  re])aving  side- 
Avalks,  curbings  and  gutters  alongside  included,  and  of  r(‘paving  tlu; 
(Mitiri^  carriag(*,-way,  gutter  included,  of  any  street,  or  any  ])ordon  ()f  any 
sti-eet;  also,  the  cost  of  grading,  paving  or  repairing  tlie  pavmnents  of 
any  alley  in  the  city  of  St.  Louis,  shall  be  borne  h}' the  owners  of  the 
adjoining  jiroperty . 

Sec.  2.  The  city  engineer  is  hereby  emiiowered,  under  the  control  of 
the  city  council,  to  repair  and  keep  in  repair  all  streets  and  alleys  in  the 


108 


FUND  COMMISSIONEll. 


city  of  St.  Louis,  }iiid  to  tliat  end  cause  all  the  work  to  he  done  men- 
tioned in  tlie  foregoing  section. 

Sec.  3.  In  those  cases  where  the  city  council  shall  deem  it  necessary, 
and  also  in  all  cases  where  the  owners  of  the  major  part  of  the  lots  "or 
lands  fronting  on  any  paved  street,  or  portion  of  a paved  street,  or  any 
l)aved  alley,  or  portion  of  a paved  alley,  may  ])etition  foi‘  repaving  the 
same,  the  city  council  shall  cause  such*  repaving  to  l)e  done  in  manner 
pr(\scribed  by  ordinance. 

Sec.  4.  In  those  cases  where  the  city  council  shall  deem  it  necessary, 
and  also  in  all  cases  wdiere  the  owners  of  the  major  part  of  the  lands  or 
lots  fronting  on  any  alley,  or  portion  of  an  alley,  shall  petition  for  the 
grading  and  paving' of  the  same,  the  city  council  may  cause  such  grading 
and  paving  to  be  done  in  manner  to  be  prescribed  by  ordinance. 

Sec.  5.  The  cost  of  all  grading,  paving,  repairing  and  repaving  done 
in  any  street,  or  alley,  or  portion  thereof,  and  Avhich  is  to  be  borne  by 
the  owners  of  the  adjoining  property,  shall  be  apportioned  and  charged 
on  the  adjoining  lots  in  proportion  of  their  front,  in  manner  to  be  pre- 
scribed by  ordinance,  and  shall  be  paid  by  the  owners  of  such  lots 
respectively,  and  the  city  engineer  shall  inake  out  and  hand  to  the 
respective  city  collectors  tor  collection , on  the  tirst  Mondays  of  May  and 
November  in'  each  year,  the  accounts  of  such  apportioned  cost  of  the 
improvements  made  during  the  six  months  on  the  tenth  day  of  April  and 
October  next  preceding  the  tirst  Monday  of  May  and  November,  and  the 
owners  of  the  lots  charged  therewith  shall  be'  bound  to  pay  said  cost, 
charged  like  liabilities  contracted  l)y  themselves,  and  may  be  sued  there- 
for accordingly;  and  the  lots  or  lands  charged  shall  also  be  held  by  a lien 
for  the  respcM*'tive  apportioned  share  of  such  cost,  until  tlie  same,  with 
all  cost  attending  the  collection,  be  fully  paid;  such  lien  may  be  enforced 
by  a special  tax," levy  and  sale,  or  also  by  proceedings  at  law,  all  accord- 
ing to  such  proceedings,  and  in  such  maimer,  as  may  be  prescribed  by 
ordinance  ; and  any  share  of  such  cost  which  shall  not  be  paid  at  the  time 
the  same  is  made  payable  by  ordinance  shall,  until  paid,  bear  and  be 
chargeable  with  such' rate  of  interest  as  the  city  council  ma}'  ordain,  not 
exceeding,  however,  twenty  per  centum  per  annum. 

Sec.  G.  The  city  council  shall,  bin^di nance,  establish  a “special  street 
and  alley  tax  fund,”  which  sliall  be  charged  and  credited  with  all  moneys 
collected  and  paid  under  the  provisions  of  the  foregoing  section;  and,  in 
order  to  facilitate  the  carrying  out  of  said  provision,  the  next  city  council 
shall  make  an  appropriation  of  not  exceeding  tifteen  thousand  dollars, 
and  any  city  council  thereafter  may  make  an  appropriation  not  exceeding 
five  thousand  dollars,  during  any  fiscal  year,  for  said  “s])ecial  street  and 
alley  tax  fund . ’ ’ 

Sec.  7.  The  time  for  comidetiug  the  improvement  of  the  unimproved 
streets  within  what  is  known  as  the  old  limits  of  the  city,  is  hereby 
extended  until  the  tirst  day  of  March,  eighteen  hundred  and  lifty-seven. 

Sec.  8.  The  city  council  shall  cause  all  publications  made  by  authority 
of  the  city  to  be  in'serted  iii  the  tirst  columns  of  the  tirst  page  of  the  news- 
papers doing  the  city  printing. 

Approved,  March  5,  1855. 


AN  ACT 

TO  PROVIDE  FOR  THE  REDUCTION  OF  THE  CITY  DEBT  OF  THE  CITY  OF  ST.  LOUIS. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Missouri,  as  folloivs  : 

Section  1.  The  mayor  of  the  city  of  St.  Louis,  as  soon  as  ])racticabl(‘ 
after  the  passage  of  this  act,  and  every  two  years  theiTafter,  shall  noini- 
nate  to  the  board  of  aldermen  an  otticcr  to  be  called  ‘ '■  Ihe  fund  commis- 
sioner,” and  when  confirmed  by  the  board,  shall  hold  his  oHic(‘  for  two 
years,  and  until  his  successor  is  ap])oiiitcd  and  (pialiticd,  unless  sooner 
removed  for  cause,  who.se  duty  it  shall  be  to  manage  and  control  the 
sinking  fund  hereafter  created. 


100 


FUND  COilOlllSSlONEK . 

Sec.  2.  There  is  hereby  created  a sinking’  fund  for  the  city  of  St.  Louis, 
the  pro(*,eeds  of  ’which  shall  be  api)ropriated  exclusively  to  the  i)urehase 
of  bonds  issued  by  said  city;  said  fund  shall  consist  of  the  sales  of  tlu*  city 
stores  ill  block  uuiuber  seven;  also,  three-fourths  of  the  net  proceeds  of 
the  sale  of  the  city  coiiiiuoiis  in  the  year  1854,  and  three-fourths  of  the 
net  proceeds  of  the  sales  of  the  city  coiuiiious  and  other  lauds  belonging’ 
to  tbe  city,  Avhen  further  sales  shall  be  made;  also,  all  the  railroad  stock 
belonging  to  the  city,  in  any  railroad  terininatiiig  in  the  city,  or  opposite 
to  the  same,  in  the  State"  of  Illinois;  and,  in  addition  thereto,  the 
treasurer  of  the  city  shall,  on  the  tirst  Monday  in  October,  in  each  and 
every  year,  pay  over  to  the  fund  commissioner  the  sum  of  ten  thousand 
dollars  out  of  the  general  revenue  of  the>city,  Avhich,  together  Avith  the 
money,  notes,  and  railroad  stock  above  mentioned,  shall  constitute  a 
lierpetual  and  irrevocable  sinking  tund  for  the  payment  of  the  city  debt. 
Tlie  city  controller  shall,  as  soon  as  said  fund  commissioner  is  ap- 
pointed," and  has  executed  bond  for  the  faithful  performance  of  his  duties, 
deliver  to  said  commissioner  all  the  notes  on  hand,  arising  from  the  sale 
of  the  city  stores  and  the  sale  of  commons,  AAdiich  belong  to  said  sinking 
fund;  he’ shall  also  giA’e  to  said  commissioner  an  order  on  the  treasurer 
for  the  money  arising  from  said  sales  belonging  to  said  sinking  fund  and 
noAV  in  the  treasury,  and  shall  take  the  receipt  of  the  commissioner  for 
said  money  and  notes;  and  all  other  money  hereafter  derived  from  sale 
of  the  commons,  and  such  other  lauds  as  may  be  sold  by  the  city  and 
belonging  to  said  sinking  fund,  shall  be  i)aid  and  deliATrkl  to  the" com- 
missioner Avithout  dehi}^. 

Sec.  3.  The  monej^  and  notes  received  by  the  commissioner  from  cA'ery 
source  shall,  as  soon  as  received,  be  dei)osited  at  such  bank,  banking- 
house,  or  savings  institution,  as  the  mayor  and  commissioner  may  agree 
upon:  Provided,  however,  That  no  baiik,  banking-house,  or  savings  insti- 
tution, shall  be  entrusted  Avith  such  sinking  fund  until  the  i)resident  or 
l)rincii)al  thereof  shall  Inue  executed  in  favor  of  the  city  of  St.  Louis  a 
bond  for  one  hundred  thousand  dollars,  Avith  such  iudividual  security  as 
shall  be  satisfactory  to  the  mayor,  conditioned  for  the  safe  keeping  and 
for  the  prompt  ijayment  of  said  sinking  fund,  or  any  i)art  thereof, 
Avhenever  the  same  may  be  demanded  by  said  fund  commissioner;  Avhich 
dei)osit  shall  l)e  to  tin*  special  credit  of  the  city,  to  l)e  draAvn  out  ouly 
upon  the  cheek  of  the  commissioner,  made  payable  to  the  order  of  the 
mayor,  and  indorsc'd  by  him;  and  intei’est  at  the  rate  of  four  j)(“r  centum 
per  annum  shall  be  re(iuired  and  accounted  for,  for  all  deposits  made  in 
bank  or  banking  establishment  by  said  commissioner;  and  said  fund 
commissioner  shall,  at  all  times,  keep  tin;  mayor  fidly  advised  of  his 
transactions  as  fuml  commissioner,  and  the  mayor  and  the  chairmen  of 
the  committees  of  Asaiys  and  means  of  the  resi)ective  boards  of  the  city 
council  shall  constitute  a committee  to  examine,  (luai’terly,  the  books, 
accounts  and  vouchers  of  the  fund  commissionei’,  and  mak(‘  a I’cpori 
thereon,  to  be  tiled  in  the  controller’s  otliee.  The  fund  commissioner 
shall  also  make  a semi-annual  rei)oi’t  to  the  city  council,  in  the  months 
of  January  and  July  of  (‘ach  y(air,  giving  a detaiUal  account  of  tlu; 
condition  "of  the  siidiing  fund,  and  of  Ids  transactions  as  fund  commis- 
sioner. 

Sec.  4.  The  fund  commissioner,  as  fast  as  money  comes  into  his 
hands  in  suitable  amounts,  shall  invest  the  same  in  bonds  of  the  city,  and 
AAdien  ])urchased,  they  shall  be  cancelled  in  the  i)resence  of  tin*  mayor  and 
controller,  togadliei’  Avith  all  coupons  having  mor(‘  than  ttui  years  to  run 
from  the  date  of  the  purchase;  and  the  fund  commissioner  shall  have 
cr(‘dit  for  the  bonds  so  canccdled;  but  all  coupons  attaclual  to  th(*  bonds 
so  i)ui’ehased,  falling  due  Avithin  ten  years  from  the  dat(“  of  the  purchase, 
shall  be  cut  otf  and  retained  by  the  comnnssioner  and  eollected  b.y  him  at 
maturity,  as  other  coupons,  and  the  [)roceeds  added  to  said  sinking  tund; 
and  on  failure  to  pa}"  said  cou[)ons,  said  commissionei-  may  cause  them  to 
be  protested,  and  "enforce  their  collection  against  the  city  in  his  oAvn 
name,  as  though  they  Avi'ri;  his  individual  property,  and  lie  shall  stand 
charged  Avith  tlic  coupons  so  retained. 

Sec.  5.  As  soon  as  the  respective  railroads,  in  Avhich  the  city  has  taken 


no 


TO  rPvEVENT  lUOTS,  ETC. 


stock,  arc  completed,  lie  shall  give,  in  his  semi-aiiiiual  report  to  the  city 
council,  such  general  infoiination  as  he  may  x)ossess  about  the  value  of 
the  stock  in  the  respective  roads,  and  the  city  council  may  at  anytime, 
by  ordinance,  direct  the  stock  held  in  any  of  said  roads  to  he  sold,  and 
and  the  proceeds  invested  in  the  purchase  or  redemption  of  city  bonds; 
and  all  dividends  derived  from  any  road,  over  and  above  the  interest  due 
on  the  bonds  issued  in  payment  for  the  railroad  stock  for  the  current  year, 
shall  be  added  to  the  sinking  fund. 

Sec.  ().  The  fund  commissioner  shall  give  bond  to  tlie  city  in  the  suiii 
of  one  hundred  thousand  dollars,  conditioned  for  the  faithful  performance 
of  his  duties,  with  good  and  sufficient  security,  to  he  approved  by  the 
mayor;  and  no  person  shall  be  eligible  for  the  office  of  commissioner  who 
is  not  a citizen  of  the  United  States,  and  who  has  not  resided  in  the  city 
or  county  of  St.  Louis  at  least  seven  years  previous  to  the  date  of  Ins 
appointinent;  and  such  commissioner  may,  at  any  time  after  notice  given, 
be  removed  for  cause,  by  a vote  of  two-tliirds  of  the  board  of  aldermen, 
the  cause  of  removal  to  be  spread  upon  the  record  of  their  proceedings. 
In  ease  of  the  death,  removal  or  resignation  of  the  commissioner,  the 
mayor  shall  till  the  vacancy  by  an  appointment  for  the  remainder  ot 
the*  term . 

Sec.  7.  Any  fund  commissioner  who  shall  appropriate  to  his  own  use 
any  money,  bonds,  notes,  or  other  securities,  in  his  hands,  belonging  to 
the  city,  or  who  Shall  refuse  to  deliver  the  same  to  his  successor  in  office, 
or  to  any  person  entitled  to  receive  the  same,  shall  be  deemed  guilty  of 
embezzlement. 

Sec.  8.  The  city  council  shall,  by  ordinance,  provide  for  the  compen- 
sation of  the  fund  commissioner,  and  the  necessary  expenses  of  the  office. 

Sec.  0.  So  much  of  an  act  entitled  '■  ‘An  act  to  amend  an  act  to  reduce 
the  law  incor])orating  the  city  of  St.  Louis,  and  the  several  acts  amenda- 
toi-y  thereof,  into  one  act,  and  to  amend  the  same,  • ’ approved,  P'ebruary 
twcnity -third,  eighteen  hundred  and  tifty-three,  as  contlicts  Avith  the 
foregoing,  be,  and  the  same  is  hereby,  repealed. 

This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

ApproA-ed,  March  5,  1855. 


AN  ACT 

TO  PREVENT  RIOTS  AND  BREACHES  OF  THE  PEACE. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Misso^iri,  as  follows  : 

Section  1.  If  tAVO  or  more  persons  shall,  A’ohmtarily,  or  by  agree- 
ment, engage  in  any  light,  or  use  any  bloAVS  or  violence  toAvard  each 
other,  in  an  angry  or  quarrelsome  manner,  or  do  each  other  any  Avillful 
mischief;  or  if  any  person  shall  assault  another  and  strike  him,  in  any 
puldic  place,  to  the  terror  or  disturbance  of  others,  the  ])erson  or  persons 
so  offending  shall  be  deemed  guilty  of  an  affray,  and,  on  conviction, 
shall  be  pnnished  by  being  imprisoned  in  the  county  jail  for  a term  not 
exceeding  three  months,  or  by  line  not  exceeding  one  hnndred  dollars, 
or  by  both  such  line  and  imprisonment. 

Sec.  2.  If  three  or  more  ])ersons  shall  assemble  together  Avith  the 
intent,  or,  being  assembled,  shall  agree  mutually  to  assist  one  another  to 
do  any  unhiAvful  act  Avith  force  or  violence  against  the  person  or  ])roperty 
of  another,  or  against  the  peace,  oi‘  to  the  terror  of  the  ])eople,  sncli 
persons  so  assem!)liug,  or  each  of  them,  shall  be  deemed  guilty  of  an 
unhiAvful  assemblj'',  and,  on  conviction  thereof,  shall  be  j)unished  by 
imin-isonment  in  the  county  jail  loi-  a term  not  exceeding  six  months, 
or  by  tine  not  exceeding  live  hundred  dollars,  or  by  both  such  line  and 
imprisonment. 

Sec.  8.  If  three  or  more  ])ersons,  l)eing  jissembled,  as  meiitiom'd  in 
the  second  section  of  tliis  act,  shall  ])roceed  to  carry  out  or  accomi)Iish 
their  purposes,  or  do  any  unlawful  act  in  furtherance  or  supposetl  further- 


TO  rilKVENT  luo^rs,  ET(J. 


Ill 


aiiee  of  snid  purposos,  in  a violent,  unlawful  or  tunuiltuous  manner,  to 
the  terror  or  dii^turbanee  i)eae(‘ful  eiti/ems,  eveiy  person  so  ollendin;*-, 
or  who  shall  aid  or  assist  in  doin<>-  any  unlawful  act,  shall  he  deemed 
o-uilty  of  a riot,  and,  bein^-  convicted  thereof,  shall  be  punished  by 
imprisonment  in  the  iienitentiary  of  the  State  of  Missouri  for  a p(*riod  not 
exceeding-  live  years,  or  by  a tiiie  not  exceeding’  two  thousand  dollars,  or 
b}^  both  such  line  and  iinprisonmeiit:  Provided^  That  nothing-  in  this 
section  contained  shall  lie  construed  to  exempt  any  person  offending 
against  its  provisions  from  any  higher  or  heavier  punishments  annexed 
by  law  to  any  felony  which  may  bt^ committed  by  such  rioters. 

Sec.  4.  Anj^  individual  engaged  in  such  riot  may  be  indicted  and  pun- 
ished singly. 

Sec.  5.  If  twelve  or  more  persons,  armed  with  clubs,  stones,  or  other 
dangerous  weapons,  or  if  any  number  of  armed  or  unarmed  per- 
sons, exceeding  twenty,  shall  unlawfully,  riotously  or  tumultuously, 
assemble  in  any  city  or  town  within  this  State,  it  shall  be  the  duty 
of  the  mayor  and  each  member  of  the  board  of  aldermen,  and  each 
member  of  the  board  of  delegates,  or  other  legislative  coniicil  of 
such  municipalit}^  and  of  the  sheriff,  coroner  and  marshal,  and 
their  respective  deputies,  of  the  county  in  wiiich  such  towm  or  city  is 
situate,  and  of  each  justice  of  tlie  peace,  including  evei-}^  person  wiio  is, 
by  \irtue  of  his  otlice,  a conservator  of  the  peace  of  the  State,  to  go 
among  such  persons  so  assembled,  or  as  near  to  them  as  may  be  con- 
sistent with  safety,  and  to  command  all  such  persons  so  assembled  to  dis- 
perse immediatel3^  and  repair  to  their  res])ective  places  of  business  or 
abode;  and  if  such  command  be  not  fortlnvith  obeyed,  to  proceed  to  arrest 
all  persons  so  refusing  or  failing  to  obey  such  command,  and  to  command 
all  bvstanders  or  spectarors  to  aid  and  assist  in  makintr  such  arrests. 

Sec.  G.  Every  person  so  commanded  to  assist  in  making  such  arrest, 
and  failing  or  refusing  to  assist  as  rcrpiinal,  and  every  i)erson  who  shall 
fail  to  disperse  forthwith  on  ])eing  commanded  as  aforesaid,  shall  be 
deemed  to  be  one  of  tlie  unlawful  assembly,  and,  on  conviction  tliereof, 
shall  be  punished  by  a line  not  (exceeding  live  hundred  dollai-s,  or 
imprisonment  for  a term  not  exceeding  one  year,  or  by  both  such  line 
and  imi)risonment. 

Sec.  7.  Should  the  persons  so  assembled,  as  described  in  the  fifth 
section,  make  a noise  and  clamor,  so  that  the  voice  of  the  ollicei-  com- 
manding them  to  dispersii  cannot  be  heai-d  or  distinguished,  all  jicrsons 
so  clamoi-ous,  and  all  ])ersons  standing  with,  by  or  among  such  iiersons, 
shall  be  deemed  to  havi*  full  notice  of  command  to  disperse,  and  shall,  on 
failure  to  do  so  forthwith,  l)e  punishable  as  for  a w illful  refusal  to  obey 
such  command. 

Sec.  8.  Any  magistrate  or  otlicer,  mentioned  in  section  live  of  this  act, 
who  shidl  be  informed  or  have  notice  of  such  riotous  assemblag(‘,  and 
who  shall  refuse  or  neglect  to  perform  the  duties  enforced  on  him  by  said 
lifth  section  in  that  behalf,  shall  be,  on  conviction,  adjudged  guilty  of  a 
misdemeanor  in  otlice,  and  punished  by  a line  not  exceeding  live  hundred 
dollars. 

Sec.  9.  Tf  the  iiersons  assembled,  as  indicah'd  in  the  fifth  section  of  this 
act,  shall  fail  to  disperse  without  umu'cessary  delay,  the  followdiig  magis- 
tratiis  shall  each,  in  the  order  in  wdilch  the,y  are  hereinafter  named,  have 
pow'cr  and  authority  to  reipiire  the  aid  of  a sutliclent  number  of  person's 
in  ai-ms  or  otherwise,  and  to  prof'ced  as  they  may  deem  (‘xpedient,  and  to 
repress  and  disiicrse  such  riotous  assemblage  and  ari-est  olhniders;  that  is 
to  say,  the  duty  of  reipiiring  the  aid  of  such  force,  and  directing  its 
employment,  shall  devolve  in  the  lirst  instance  on  the  mayor  of  the  towm 
or  city  in  which  such  assmnblage  occurs,  and  if  he  be  not  prescmt  or  not 
able  to  act,  then  on  the  judge  of  any  coin-t  of  record,  the  sheriff,  the 
marshal,  the  coroner,  or  any  tw  o justices  of  tlu*  peace.  In  (*ase  of  the 
absence  of  any  of  th(!  ollicers  mentioned  in  this  section,  the  otlicer 
named  after  him  therein,  shall  hav(‘ all  the  power  and  authority  which 
such  absentee  would  havi;  had  if  iiresent. 

tsEC.  10.  Such  force,  armed  or  unarmed,  summoned  as  provided  in  the 
preceding  section,  anti  all  persons  co-operating  with  them,  shall  obey 


112 


TO  rilEVENT  IIIOTS,  ETC. 


siutli  oi-ders  for  tlio  suppression  of  snch  riot  as  tliey  may  receive  from  the 
magistrates,  or  any  of  them  to  whom  authority*  to  recpiire  their  aid  is 
^iveii  lyv  the  ninth  section  of  this  act. 

Sec.  11.  If,  by  reason  of  the  efforts  made  by  any  of  sncli  magistrates 
and  officers,  or  persons  co-operating  with  them,  to  suppress  sncli  riotous 
assendily  or  arrest  those  engaged  in  the  same,  any  person  so  engaged  in 
snch  riotous  assembly,  or  giving  aid  or  countenance  thereto,  or  who  niaj' 
have  refused  to  disjierse,  (althongh  the  nnniber  of  snch  persons  may  be 
reduced  to  less  than  twelve, ) or  any  person  or  jiersons  present  as  spectators 
or  otherwise,  be  killed,  wounded,  or  otherwise  hurt,  snch  magistrates 
and  ollicers,  and  all  persons  acting  with  them  by  order  of  snch  magistrates 
or  officers,  as  defined  in  said  ninth  section,  shall  be  held  guiltless  and 
justified  inhuv;  but  if  any  snch  magistrate,  officer,  or  person  acting  under 
their  orders  or  directions,  or  co-operating  ivith  them,  be  killed  or  ivonnded 
])y  reason  of  resistance  to  snch  efforts  to  disperse  and  repress  snch  riotous 
assemblage,  all  persons  so  riotously  assembled,  and  not  dispersing  after 
command,  and  all  persons  standing  by  and  not  aiding  to  disperse  and 
repress  snch  riotous  assemblage,  shall  be  answerable  therefor  as  for  ivillfnl 
and  deliberate  felony  or  misdemeanor,  according  as  the  injuries  committed 
be  homicide,  mayhem,  or  any  less  injury. 

Sec.  T2.  All  persons  forming  part  of  an  imhnvfnl  and  riotous  assem- 
blage shall  be  liable  to  any  damaged  person  or  property  by  the  acts  of 
such  nnlawTnl  assemblage. 

Sec.  18.  The  city  or  town  in  which  snch  trespasses  may  be  committed 
shall  be  liable  to  pay  the  person  whose  property  shall*  be  injured  or 
destroyed  thereby' , three-fourths  of  the  value  thereof,  or  the  damage 
thereto:  Provided,  Snch  person  shall  have  diligently  sought  to  prosecute, 
without  being  able  to  do  so,  the  ])arties  gnilt\"  of  and  liable  for  such 
trespasses,  as  provided  by  the  tAvelfth  section  of  this  act. 

Sec.  14.  Any  city  or  town  paying  snch  damages  to  the  party  injured 
by  such  riotous  asseml)lage,  may  recover  the  same  with  ten  per  centum 
atlded  thereto,  besides  interests  and  costs,  of  any  person  or  i)ersons  en- 
gaged as  a participant  in  snch  riotous  assemblage,  by  action  of  debt  or  a 
civil  suit  analagons  thereto,  at  any  time  thereafter. 

Sec.  15.  No  town  or  city  shall  be  liable,  under  the  provisions  of  the 
thirteenth  section  of  this  act,  for  the  damage  or  destruction  of  pi-operty 
of  the  following  descriptions:  First,  property  contained  in  any  building 
or  place,  the  occupant  of  wdiich  is  carrying  on  business  tlieie,  or  engaged 
in  a calling  or  avocation  in  violation  of  any  law  of  Missouri  or  the  United 
States,  or  ordinance  of  the  town  or  city  in  wdiich  such  property  may 
be;  second,,  property  contained  in  any  shop,  house,  place,  or  building', 
whereat  either  distilled  or  fermented  liipiors  are  sold  or  given  in  any 
quantity  less  than  live  gallons;  third,  all  fixtures  and  furniture  iii  such 
shops,  iiouses,  jilaces,  or  liuildings,  mentioned  in  the  second  subdivision, 
and  the  shops,  houses,  places  or  buildings  themselves;  fourth,  all  money, 
bullion  and  jewelry,  and  olijects  of  art,  wherever  found;  ///M,  all  lU'op- 
erty,  of  w hatever  description,  belonging  to  a person  w ho  may  have  been 
in  any  w'ay  contributory  to,  or  instrumeiital  in,  bringing  on  such  riotous 
assemblage. 

Sec.  l(i.  No  person  having  such  a demand  or  claim  against  a town  or 
city,  as  is  mentioiKMl  and  provided  for  in  section  thii'teeuth,  shall  be 
allowed  to  assign  or  transfer  the  same  at  any  time  before  the  return  day 
of  the  <*xecution  issued  u])oii  a judgment  obtained  therefor;  and  any 
attempt  to  assign  or  transfer  the  'sani(>,  or  any  part  tlu'reof,  shall  be  and 
shall  operate  as  a satisfaction  and  discharge  of  such  (Uanand  or  claim,  so 
far  as  anj'  recourse  against  a town  or  city,  uiuU'r  section  thirteen  of  this 
act.  is  conceriH'd,  but  not  as  against  any  ])erson  comj)osing  the  riotous 
assemblage  committing  the  trespass. 

Sec.  17.  Any  mayor  or  chief  magistrate  of  any  town  or  city,  being 
appi'ehensive  of  a riot  oi*  riotous  assend)lage  within  such  town  or  city, 
may,  by  proclamation,  recpiire  all  minors  to  k('ep  within  doors  for  anv 
length  *of  tinu^  not  (‘xceeding  tbr(‘e  days,  during  that  jaa-iod  of  (‘ach 
astronomical  day  of  twenty-four  hours  w hich  int(‘rVen('s  ladwemi  th(‘  end 
of  one  hour  after  suns(*t  aiid  the  Ix'ginning  of  one  hour  before  sunrise; 


HOUSE  OF  REFUGE. 


113 


and  all  minors  ollendino-  ao’ainst  such  proclamation  may  be  forthwith 
ai-rested,  and,  on  conviction,  may  be  imprisoned  in  the  house  of  correc- 
tion of  such  city,  or  other  safe  place  of  continenient,  to  be  prescribed  by 
ordinance  of  siich  city,  for  a period  not  exceeding  thirty  days. 

Sec.  18.  The  mayor  or  chief  magistrate  of  any  town  or  city  in  this 
State  may,  by  proclamation,  cause  all  drinking  shops,  bars,  and  other 
l)laces  where  intoxicating  liquors  or  drinks  are  customarily  sold,  given  or 
disi)ensed,  to  be  closed  for  any  period  of  time  not  exceeding  thirty-six 
hours,  upon  any  election  for  officers  of  the  city,  town.  State,  county,  or 
of  the  United  States;  and  may  also,  by  proclamation,  forbid  all  persons 
to  sell,  give,  lend,  barter,  or  otherwise  dispense  or  distribute  intoxicating 
drinks  or  liiiuors,  during  the  same  period  of  time,  within  such  town  of 
city , or  within  one  mile  of  its  corporate  limits , and  any  person  disobeying 
such  proclamation,  and  each  and  every  person  aiding,  abetting  or  co- 
operating with  him,  shall  be  immediately  arrested  and  proceeded  against 
by  indictment,  and,  on  conviction,  shall  be  punished  by  imprisonment  in 
the  county  jail  for  a time  not  exceeding  one  year,  or  by  fine  not  exceed- 
ing five  hundred  dollars,  or  by  both  such  fine  and  imprisonment. 

!Sec.  19.  The  legislative  bodies  of  any  incorporated  town  or  city  within 
this  State  may,  by  ordinance,  direct  the  mode  of  proceeding"  against 
minors  for  a violation  of  section  seventeenth  of  this  act,  and  may  vary  tlie 
punishment,  so  that  they  do  not  affix  to  the  simple  offence  of  disobeying 
said  seventeenth  section,  a greater  punishment  than  a line  not  exi^eeding 
one  hundred  dollars,  or  an  imprisonment  in  the  house  of  correction  of 
such  city  not  exceeding  six  weeks,  or  by  both  such  fine  and  imprisonment  . 

Sec.  20.  An  act  entitled  “An  act  to  prevent  riots  and  mobs  within 
incorporated  cities  of  the  State  of  Missouri,”  approved  February  21, 
1853,  is  hereby  repealed. 

Sec.  21.  This  act  shall  take  effect  from  and  after  its  passage. 

Sec.  22.  The  provisions  of  this  act  shall  only  api)ly  to,  and  be  in  force 
in  the,  county  of  St.  Louis. 

Approved,  March  5,  1855. 


AN  ACT 

TO  ESTABLISH  A HOUSE  OF  REFUGE  IN  ST.  LOUIS  COUNTY. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows  : 

Section  1.  The  city  council  of  the  city  of  St.  Louis  is  hereby  author- 
ized and  directed  to  erect  upon  the  following  described  lot  of  ground  or 
])arcel  of  land,  to-wit:  Block  numbered  eighty  (80)  of  the  common  of 
St.  Louis,  according  to  the  survey  and  plat  thereof,  made  by  Charles  1). 
Ward,  such  buildings  and  inqn-ovements,  in  addition  to  those  now  on  .said 
land,  as  may  be  suitalde  for  a hou.se  of  refuge  for  the  continenient  and 
reform  of  juvenile  offenders. 

Sec.  2.  The  county  court  of  St.  Louis  county  is  hereby  authorized  and 
directed  to  appropriate  toward  said  buildings  aiul  improviMueiits  the  sum 
of  twenty  thousand  dollars. 

Sec.  3.  All  males  under  sixteim,  and  females  under  fourteen,  years  of 
age,  who  shall,  under  existing  laws  of  the  State  of  Missouri,  or  ordinance 
of  the  city  of  St.  Louis,  or  such  as  may  hereafter  be  enacted  or  passed,  be 
liable  to  confinement  in  the  workhou.se  of  St.  Louis  city,  the  county  jail 
of  St.  Isolds  county,  or  the  penitentiary  of  the  State  of  Missouri,  may,  at 
the  discretion  of  tlie  court  or  magistrate  giving  .sentence,  be  placed  in  the 
.said  house  of  refuge,  and  when  .so  iilaceil,  shall  be,  until  reaching  the  age 
of  twenty-one  years,  under  the  exclusive  control  of  the  managers  of  said 
house  of  refuge  according  to  the  regulations  hereinafter  provided;  but  if 
the  impri.sonment  or  confinement  to  which  such  minor  would  be  liable  be 
only  provisional,  in  oi-der  to  bring  such  minor  to  trial  for  a suppo.sed 
offen.se,  or  to  .secure  his  or  her  attendance  as  a witness  in  a criminal  cause, 
in  every  such  case  such  minor  .shall  be  sent  to  said  house  of  refuge,  and 
the  authority  of  said  board  over  such  minor,  arising  from  such  order  of 
8 


114 


HOUSE  OF  KEFUGE. 


coinniitiiieiit,  shall  cease  upon  the  oceuri-iiig  of  the  event  in  respect  of 
which  it  was  made. 

Sec.  4.  The  keeping’ and  expenses  of  all  prisoners  committed  to  said 
house  of  refuge,  by  order  of  any  court  of  St.  Louis  county,  shall  be  paid 
for  by  the  county,  according  to  the  rates  fixed  in  the  regulations  adopted 
for  said  house,  as  hereinafter  provided. 

Sec.  5.  Aii}^  parent  or  guardian  having  legal  power  to  apprentice  any 
male  child  or  ward  under  the  age  of  sixteen  years,  or  female  child  or  war'd 
under  the  age  of  fourteen  years,  who  shall,  in  writing,  by  him  or  her 
signed,  represent  to  the  boaVd  of  managers  of  said  house  of  refuge,  that 
such  child  or  ward  is  a proper  and  fit  subject  for  admission  into  said  house 
of  refuge,  stating  the  particular  facts  which  constitute  such  fitness,  and 
petitioning  said  managers  to  take  charge  of  such  child  or  ward,  may  be 
examined  in  relation  thereto  by  said  board  of  managers,  who  are  author- 
ized to  receive  all  such  children  or  wards  at  their  discretion.  The  expenses 
of  such  child  or  ward  shall  be,  before  such  reception,  secured,  to  be  paid 
by  the  parent  or  guardian , unless  in  case  where  the  managers , for  good 
cause,  shall  otherwise  determine;  and  in  all  cases  where  such  payment  is 
ordered  to  be  made  by  such  parent  or  guardian,  it  shall  be  according  to 
rates  fixed  in  general  regulations  hereinafter  provided  for. 

Sec.  6.  In  the  case  of  every  minor  committed  to,  or  received  in,  said 
house  of  refuge,  such  minor  shall,  until  reaching  the  full  age  of  twenty- 
one  years,  be  under  the  entire  control  of  the  managers  of  said  house. 

Sec.  7.  The  circuit  court,  the  court  of  common  pleas,  the  land  court, 
the  county  court,  and  the  criminal  court  of  St.  Louis  county,  or  the 
judges  of  any  of  said  courts  in  vacation,  shall  have  exclusive  jurisdiction 
of  all  writs  of  habeas  corpus  for  the  discharge  of  anj^  minor  confined  in  said 
house  of  refuge,  and  no  other  court  or  magistrate  in  St.  Louis  count} 
shall  have  jurisdiction  to  issue  or  take  cognizance  of  any  such  writ,  oi’ 
any  proceeding  thereunder  tending  to  such  discharge,  except  in  the  case 
of  "there  being  in  St.  Louis  county  no  such  court  or  magistrate  as  those 
above  mentioned,  to  whom  exclusive  jurisdiction  is  confided,  able  to  issue 
or  hear  such  writ  at  the  time  it  is  sought  for;  and  in  every  case  wherein 
application  be  made  to  any  court  or  magistrate  not  having  such  exclusive 
jurisdiction  for  a writ  of  habeas  corpus  for  the  discharge  of  any  person 
alleged  to  be  confined  in  or  at  said  house  of  refuge,  or  by  virtue  of  the 
order  of  the  managers  thereof,  every  fact  necessary  to  give  jurisdiction  to 
such  court  or  magistrate  shall  be  distinctly  shown  in  tlie  application  and 
verified  by  affidavit  of  the  applicant,  or  his  or  her  agents. 

Sec.  8.  All  males  under  sixteen,  and  all  females  under  fourteen  year 
of  age,  in  St.  Louis  county,  charged  with  any  crime  or  misdemeanor,  or 
jHinishable  by  imprisonment,  shall  be  entitled  to,  and  shall  have,  a private 
examination  * and  trial,  to  which  only  the  parties  to  the  case  shall  be 
admitted,  unless  the  parent  or  guardian  of  such  minors  demand  a public 
trial. 

Sec.  9.  The  said  house  of  refuge,  its  officers  and  inmates,  shall  be 
under  the  control  of  the  board  of  managers  hereinbefore  mentioned,  who 
shall  consist  of  nine  meml)ers,  whereof  one  shall  be  the  inayoi’,  for  flu* 
time  being,  of  the  city  of  St.  Louis;  two  shall  be  appointed  by  the  county 
coiu’t  of  St.  Louis  county;  four  shall  be  members  of  the  city  council,  for 
the  time  being,  to  be  chosen  in  joint  session  of  said  council,  (two  from 
each  ]»OMrd,)  and  two  shall  be  appointed  by  the  mayor  of  the  city  of  St. 
Imuis  from  the  citizens  at  large,  and  approved  by  the  board  of  aldermen. 
They  shall  hoki  their  office  for  a period  of  one  year,  and  a majority  of  said 
board  of  managers  shall  be  a quorum  for  the  transaction  of  any  business, 
or  the  exercise  of  any  power  herein  conferred  uj)on  said  l)oard;  said  board 
shall  choose  a chairiiian,  and  shall  have  at  least  one  stated  meeting  in  each 
montli. 

Sec.  10.  Said  l)oai’d  of  managers  of  said  house  of  refuge  shall  have 
power  and  authority : First.,  to  make  all  needful  contracts  for  said  house 
of  refuge;  second.,  to  make,  establish,  alter  and  enforce  all  lUM'dful 
regulations  for  tlu'  government  and  control  of  said  house  of  refuge,  its 
ollicers  and  inmates  ; third.,  to  issue  a writ  dirc'cted  to  any  sli(*ri(f, 
marshal  or  constable  of  the  State  of  Missouri,  or  any  muuicipalily  or 


'WEIGHING  SCALES. 


115 


county  thereof,  for  the  recapture  pf  any  fug-itive  from  said  house  of 
refuo’e;  such  writ  shall  be  iu  the  name  of  the  State  of  Missouri,  maybe 
si^’iied  by  any  two  of  said  board  of  managers,  and  shall,  thereupon,  be 
of  legnl  and'  valid  force  : fourth,  to  make  all  needful  by-laws  for  the 
g-overnineut  of  said  house  of  refuge  ; fifth,  to  employ  and  ajjpoint  such 
othcers  as  may  be  needful,  and  tix  their  salaries:  Provided,  That  no  mem- 
ber of  said  board  shall  at  any  time  receive,  directly  or  indirectly,  any 
compensation  for  any  services  by  him  rendered  to  said  institution ; sixth, 
to  apprentice  any  inmate  of  said  house  of  refuge  until  the  time  when  such 
inmate  shall  reach  the  age  of  twenty-one  years,  if  a male,  and  eighteen 
years,  if  a female;  seventh,  to  discharge  any  inmate  of  said  house  of 
refuge . 

Sec.  11.  All  debts  contracted  by  said  house  of  refuge  shall  be  dis- 
charged by  the  city  of  St.  Louis;  and  the  city  of  St.  Louis  shall  have 
power  to  sue  for  and  recover  any  debt  due,  or  damages  accruing  to,  said 
house  of  refuge. 

Sec.  12.  Said  board  shall  keep  a record  of  their  proceedings,  and  shall 
report,  on  the  first  Monday  of  May  in  each  year,  to  the  city  council  of  the 
city  of  St.  Louis,  the  tiscal  athiirs,  management  and  condition  of  the  said 
house  of  refuge. 

Sec.  13.  The  ma3^or  and  city  council  of  St.  Louis,  the  judge  of  the 
county  court  of  St.  Louis  county,  or  the  grand  juiy  of  the  county  of  St. 
Louis',  may  at  any  time  visit  aiid  inspect  the  said  house  of  refuge,  and 
examine  the  records  and  books  of  account  of  said  board. 

Sec.  14.  Eveiy  child  found  in  said  city  in  a state  of  want,  or  abandoned 
or  improperl}"  exposed,  or  grossl\^  neglected  by  its  parents  or  x)ersons 
having  its  charge,  or  soliciting  charity  from  door  to  door,  or  in  aiy  street 
or  highway,  or  public  place,  and  every  child  of  any  person  in  said  city 
convicted  of  being  a common  prostitute  or  keeper  of  a bawdy  house,  or 
house  of  resort  for  prostitutes,  or  of  assignation,  and  every  child  found 
in  such  houses,  nia^^  be  committed  to  said  house  of  refuge  l)y  the  maj'or 
01- 1)3"  the  recorder  of  said  city,  oj-  b3"  aiy"  two  aldei-men,  or  1)3'  an3'  two 
justices  of  the  peace  of  said  cit3",  ipxui  complaint  and  competent  proof  of 
the  facts  chai-ged;  and  when  so  committed,  shall  be  kept  and  be  under 
the  control  of  the  managers  of  said  house,  as  ])rovided  in  section  sixth  of 
this  act.  This  act  to  take  ellect  from  and  after  its  passage. 

Approved,  February  28,  1855. 


\ 


AN  ACT 

TO  AUTHORIZE  CERTAIN  INDIVIDUALS  TO  ESTARLISII  WEIGHING  SCALES  IN  ST. 

LOUIS  COUNTY. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  IMissoari,  as  follows : 

Sec.  1.  That  the  owner  or  owners  of  the  land  at  the  northea.st  corner 
of  Arsenal  street  and  the  Gravois  road,  in  the  county  of  St*  Louis,  front- 
ing at  least  one  hundi-ed  and  eighty  feet  on  the  Gravois  road,  1)3"  a dejith 
running  east  on  Arsenal  street  live  hundred  feet,  be,  and  are  h(“reb3", 
authorized,  on  so  much  of  said  lots  as  ma3"  he  necessaiy,  to  erect,  aiid 
keep  for  public  use,  scales  for  the  Aveighing  of  coal,  hay,  and  all  other 
articles  of  iiroduce  commonh"  sold  1)3"  weight,  and  also  all  cattle  and  jiro- 
visions  that  may  be  ottered  for  Ave  igiit,  and  also  a Aveigherbs  otlice,  to  be 
called  the  ‘ ‘Gravois  road  scales.  ’ ’ 

Sec.  2.  The  said  owner  or  oAvners  nny  appoint  a suitable  ])erson  to  do 
such  Aveighing,  subject  to  the  ajiproval  of  such  appointee  by  the  county 
court  of  the  county  of  St.  Louis,  or  by  the  nnyoi'  of  the  city  of  St.  Louis, 
Avhose  salary  shall  be  ])aid  by  the  said  owner  or  owners  of  the  land  afore- 
said; and  it  shall  be  the  duty  of  such  Aveigher  to  attend  to  the  business  of 
Aveighing  at  all  suitable  times  for  public  conveni(mce. 

Sec.  3.  The  certilicat(;s  of  all  Aveighing  at  said  scales,  and  signed 
by  said  weigher,  shall  be  good  and  valid  Avithin  the  limits  of  the  city 


116 


AMENDED  CITY  CHAETER 


and  county  of  St.  Louis,  and  of  equal  legality  and  effect  as  similar 
certiticates  of  weighing  done  within  said  limits. 

Sec.  4.  That  the  said  owner  or  owners  are  hereby  authorized  to  charge 
and  collect  fees  for  such  weighing,  hut  such  fees  shall  never  be  greater 
than  those  charged  for  similar  services  under  the  ordinances  of  the  city 
of  St.  Louis. 

Sec.  5.  That  any  scales  established  under  this  act  shall  be  required  to 
conform  to  the  standard  of  weights  established  by  the  authorities  of  the 
city  of  St.  Louis,  and  shall  be  under  the  supervision  and  regulation  of 
said  authorities  as  city  scales  are  in  this  particular. 

Sec.  6.  It  shall  be  lawful  for  any  owner  or  owners,  lessee  or  lessees,  of 
any  land,  on  any  public  road  or  highway  leading  into  the  city  of  St.  Louis, 
to  establish  and  keep  for  public  use  scales  for  the  weighing  of  hay,  coal, 
cattle,  and  any  articles  of  produce  usually  sold  by  weight,  subject  to  the 
provisions  of  this  act  in  all  respects. 

This  act  to  take  effect  from  and  after  its  passage . 

Ai)proved,  February  28,  1855. 


AN  ACT 

TO  EXTEND  THE  LIMITS  OF  THE  CITY  OF  ST.  LOU>S,  AND  FOR  OTHER  PURPOSES. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missovri,  as  follows : 

Section  1.  All  that  district  of  country  situated  in  the  county  of  St. 
Louis,  embraced  within  the  following  limits,  to-wit;  Beginning  at  a point 
in  the  middle  of  the  main  channel  ofdhe  Mississippi  river,  wliere  the  con- 
tiiiuation  of  the  south  side  of  Keokuk  street  eastwardly  would  intersect 
said  main  channel;  thence  westwardly,  by  the  said  line  of  the  south  side 
of  Keokuk  street,  to  a point  six  hundred  and  sixty  feet  west  of  Grand 
avenue;  thence  northwardly,  and  parallel  to  said  Grand  or  Lindell  avenue, 
at  a distance  of  six  hundred  and  sixty  feet  therefrom,  until  it  intersects 
the  Bellefontaine  road;  thence  northeast  to  the  line  dividing  townships 
forty-five  and  forty-six  north,  range  seven  east;  thence  eastwardly,  with 
said  line  and  in  the  same  direction,  to  the  middle  of  the  main  channel  of 
the  Mississippi  river;  thence  southwardly,  with  the  meanderings  of  the 
main  channel  of  said  river,  to  the  place  of  beginniim-— is  hereliy  incorpo- 
rated into  a city,  by  the  name  of  “-The  City  of  St.  Louis.  ’ ’ 

Sec.  2.  All  acts  and  parts  of  acts  now  in  force  concerning  the  city  of 
St.  Louis,  or  the  inhabitants  thereof,  and  not  inconsistent  with  nor  repug- 
nant to  the  provisions  of  this  act,  shall  extend  to  all  the  district  of  country 
included  in  the  above-mentioned  boundaries,  and  to  all  inhabitants  therein; 
and  the  ma5mr  and  city  council  shall  have  and  exercise  witliiii  said  bound- 
aries all  the  power  and  authority  now  vested  by  law  in  the  mayor  and  city 
council  of  the  cit}^  of  St.  Louis,  as  at  present  established,  excejitas  herein 
otherwise  provided . 

Sec.  3.  The  city  of  St.  Louis,  including  the  territory  hereby  added  to 
the  same,  shall  hereafter  be  divicled  into  eight  wards,  and  th(‘  city  council 
may  at  any  time  district  the  city  into  ten  wards,  the  boundaries  of  which 
shall  be  fixed  by  the  city  council,  by  straight  lines  running  east  and  west, 
deviating  to  equalize  population;  <‘ind  each  ward  shall,  as  near  as  practica- 
ble, contain  an  equal  number  of  white  male  inhabitants;  and  the  city 
council  shall,  from  time  to  time,  change  the  lines  of  each  of  said  wards 
tor  the  purpose  of  equalizing  population  in  the  same  (but,  in  so  changing, 
must  adhere  to  straight  lines  as  above,  as  near  as  may  be);  and  each  ot 
which  wards  shall  have  the  same  representation  in  the  city  (‘ouncil,  and 
board  of  president  and  directors  of  the  St.  Louis  public  schools,  to  which 
award  in  the  present  city  is  entitled.  One  of  the  r(‘pres(*ntatives  in  th<‘ 
city  council  of  each  of  the  wards,  as  herein  established,  shall  b(‘  a i-('sl- 
dent  of  the  extended  new  limit  ])ortion  thereof. 

Sec.  4.  The  taxes  to  be  levied  by  the  mayor  and  city  council  upon  the 
taxable  property  in  said  extended  new  limits,  during  the  pei-iod  of  ten 


AMENDED  CITY  CHARTER. 


117 


years  tVoni  the  ])a.ssag’c  of  this  act,  shall  not  exceed  one-third  of  one  per 
centum  per  annum  on  the  assessed  value  thereof;  saving’,  however,  the 
harbor  and  other  taxes  hereinaftei’  provided  for. 

Skc.  5.  Tlie  mayor  and  city  council  of  the  cit}^  of  St.  Louis  shall, 
without  unnecessary  delay,  establish  by  ordinance  ii  general  plan  for  the 
location  and  graduation  of  streets  within  said  extended  new  limits;  and 
in  all  subdivisions  of  property  hereafter  to  be  made  by  the  respective 
owners,  they  shall  conform  their  streets  to  said  general  plan,  unless  it  be 
otherwise  permitted  by  ordinance. 

Sec.  0.  In  cases  where  the  mayor  and  city  council  shall  deem  it  neces- 
sary, and  also  in  all  cases  where  the  owners  of  the  major  i)art  of  the  lands 
or  lots  fronting  on  any  street  or  portion  of  street  in  the  extended  new 
limits,  shall  petition  for  the  grading,  paving  or  macadamizing  thereof, 
the  city  council  may  cause  grading,  paving  or  macadamizing  to  be  done, 
in  manner  as  prescribed  by  ordinance.  The  cost  of  all  rough  grading 
shall  be  paid  out  of  tlie  general  city  treasury;  the  cost  of  all  paving, 
whether  of  the  carriage-way,  gutters,  curbing,  sidewalks,  or  cross- 
walks, done  under  the  provisions  of  this  section,  shall  be  apportioned  and 
charged  on  the  adjoining  lots  in  the  proportion  of  their  front,  and  l)e  paid 
by  the  owners  of  such  lots,  respectively,  and  they  shall  be  bound  to  pay 
for  the  same  as  though  the  liabilities  were  contracted  by  themselves,  and 
may  be  sued  therefor  accordingly;  and  the  lots  or  lands  chargeable  there- 
witli  shall  also  be  held  by  a lien,  for  the  respective  apportioned  share  of 
such  cost,  until  the  same  be  fully  paid.  Such  lien  maybe  enforced  by 
special  tax,  levy,  and  sale,  or  by  proceedings  at  law,  all  according  to  such 
proceedings  as  may  be  prescribed  by  law. 

Sec.  7.  In  addition  to  the  taxation  heretofore  authorized,  the  mayor 
and  city  council  may  levy  a tax  not  exceeding  one-twentieth  of  one  per  / 
centum  per  annum  upon  all  taxable  property  in  the  territory  hereby  added 
to  the  city  of  St.  Louis,  for  the  preservation  and  continuation  of  the 
improvements  in  the  harbor  of  said  city. 

Sec.  8.  The  whai-fage  collected  within  the  extended  new  limits  shall 
be  expended  for  the  improvement  of  the  wharf  in  the  wai’ds  respectively 
where  collected,  and  s(‘parate  accounts  shall  be  kept  for  that  purpose. 

Sec.  9.  All  money,  bonds,  notes,  and  other  evidcmces  of  (lebt,  belong- 
in»’  to  the  school  fund  of  fractional  townshii)  45  north,  range  7 east,  out- 
side of  the  city  of  St.  Ta)uis  as  heretofore  incorporated,  shall  b(‘,  divided 
between  the  board  of  pn'sident  and  directors  of  the  St.  Louis  i)ublic 
schools,  as  trustee's  of  the  general  school  fund  of  the  city  hereby  estab- 
lished, and  between  the  county  court  of  St.  Louis  county,  tor  the  benetit 
of  said  fractional  townsbi])  outside  of  the  city  hereby  established,  namely, 
on  the  following  basis:  One-balf  of  the  funds,  according  to  the  ratio  ot 
population,  and  the  othei*  half  according  to  the  ratio  of  territory,  namely, 
of  said  ti-actional  towiislii})  included  in  the  extended  new  limits  of  said 
city,  and  of  the  said  township  outside  of  the  same;  to  be  determiued  by 
two  commissioners,  who  shall  b(^  a])pointed,  one  by  each  of  the  said 
parties,  sharers  in  the  funds,  who,  failing  to  agree,  shall  api)oint  an 
umpire,  to  be  chosen  from  the  county  outside  of  said  city  or  township. 
The  further  management  and  sah^  of  section  sixteen  of  said  fractional 
township  shall  remain  with  said  county  court,  in  accordance  with  the  act 
of  the  general  assembly  of  this  State,  approved  March  5d,  1851,  entitled 
“■Au  act  to  authorize  the  sale  of  fractional  section  lb,  township  45  north, 
range  7 (aist;”  and  after  each  sale  of  any  unsold  portion  of  said  section, 
the  fund  arisiiig  therefrom  shall  be  divided  betw(“cn  the  two  i)arti(*s, 
sharei's  in  accoi’dance  with  the  ratio  which  shall  have  been  determiued 
according  to  the  succeeding  ])rovisions  of  this  section,  the  county  court 
of  St.  ra)uis  county  tirst  i)ayiug  all  cost  of  manag(*nient  and  sale  of  the 
lauds,  at  .all  times  to  reserve  a sullicient  sum  to  pay  the  probable  expenses 
relating  then'to. 

Sec.  10.  The  funds  belonging  to  the  board  of  president  and  directors 
of  the  St.  Louis  j)ublic  schools  Ix'fon'  the  passage  of  this  act,  and  accord- 
ing to  this  act,  shall  be  a common  fund,  for  the  use  ami  benetit  of  the 
whole  city  as  hereby  established. 

Sec.  11.  The  property  of  the  present  city  of  Bremen,  and  of  the 


118 


AMENDED  CITY  CHARTER. 


second  miinicipalitv,  slnill  be  vested  in  the  c-ity  of  St.  Louis,  and  the  latter 
shall  assume  the  indehtedness  of  Bremen,  not  exceeding  live  liundred 
dollars,  and  of  the  second  municipality,  not  exceeding  one  hundred 
dollars,  and  shall  receive  all  sums  of  money  that  may  he  due  to  said 
Bremen  and  to  said  second  municipality  for  taxes  or  otherwise. 

Sec.  12.  Hereafter,  not  less  than  two  polls  shall  be  opened  in  each  of 
said  wards,  in  said  city,  at  elections. 

Sec.  13.  The  separate  incorporations  of  the  city  of  Bremen  and  second 
municipality  are  hereby  vacated  and  abolished. 

Sec.  14.  This  act  shall  not  be  so  consti-ued  as  to  vacate  the  seat  of  any 
member  of  the  board  of  aldermen  holding  over  until  their  term  woukl 
expire  under  the  provisions  of  the  present  city  charter,  and  such  alder- 
men shall  constitute  one  of  tlie  two  aldermen  to  which  each  ward  is 
entitled,  from  the  wards  in  which  they  may  respectively  reside  when  the 
city  is  districted  into  wards,  in  accordance  with  the  provisions  of  this  act. 

Sec.  15.  The  mayor  of  the  city  of  St.  Louis  shall,  immediately  after 
the  passage  of  this  act,  take  measures  to  promulgate  this  act  witliin  the 
limits  of  the  city  of  St.  Louis,  by  publication  in  all  the  daily  newspapers 
in  said  city,  as  herein  established. 

Sec.  16.  All  acts  and  parts  of  acts  repugnant  to  this  act  are  hereby 
repealed,  and  this  act  shall  take  effect  froni  and  after  the  thirty-tirst  day 
of  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  tifty- 
tive,  excepting  the  15th  section,  which  shall  take  effect  from  and  after  the 
passage  thereot. 

Sec.  17.  The  city  of  St.  Louis  shall  purchase  of  the  joint  stock  com- 
panies so  much  of  the  several  plank  roatls  included  withiii  the  boundaries 
of  the  extended  new  limits  as  are  owned  by  said  companies,  at  such  prices 
as  may  be  agreed  upon  between  the  city  council  and  the  directors  of  said 
companies;  and  if  they  can  not  a^ree,  "the  value  of  said  interest  shall  be 
assessed  as  other  property  taken  lor  public  use:  Provided^  however^  That 
so  miieli  of  said  roads,  or  any  of  them  as  are  owned  by  the  county  of  St. 
Louis,  is  hereby  vested  in  the  city  of  St.  Louis,  free  of  charge. 

Sec.  18.  This  act  shall  not  change  or  in  an3"  manner  affect  an  act  enti- 
tled ‘ ‘An  act  supplemental  to  the  several  acts  to  incorporate  the  city  of 
St.  Louis,  and  to  continue  in  force  the  law  commonly  known  as  the  new 
limit  law,  as  it  now  exists,  ’ ’ approved  March  1st,  1851. 

Sec.  19.  The  district  of  countiy  herel)y  added  to  the  city  of  St.  Louis 
shall  be  designated  the  ‘ ‘ Extended  New  Limits.  ’ ’ 

Sec.  20.  There  shall  be  an  election  held  on  the  tirst  Monda^y  in  April 
next,  in  the  city  of  St.  Louis,  and  the  proposed  extended  new  limits,  for 
the  purpose  of  ascertaining  the  will  of  the  voters  of  said  city,  and  the 
proposed  new  limits;  and  the  county  court  of  St.  Louis  county  shall  open 
two  polls,  one  for  ‘ ‘ extension,  ’ ’ the  otlier  ‘ ‘ against  extension,  ’ ’ in  the 
proposed  extended  new  limits,  at  such  places  as  they  may  think  best; 
and  if  a majority  of  all  the  votes  cast  in  the  city  of  St.  Louis,  and  in  the 
l)roposed  extended  new  limits,  should  decide  in  favor  of  extending  the 
same  as  proposed,  then  and  in  such  case  this  act  shall  be  in  full  force  and 
effect,  otherwise  it  shall  l)e  null  and  void. 

Approved,  December  5,  1855. 


AN  ACT 

TO  AUTHORIZE  THE  CITIES  OP  ST  LOUIS  AND  CARONDELET  TO  MAKE  AN 
AGREEMENT  CONCERNING  A WORKHOUSE. 

Be  it  enacted  hy  the  General  Assembly  o f the  State  of  Missouri,  as  follotvs: 

Section  1.  The  cities  of  St.  Louis  and  Carondelet  shall  have  i)()W(M'  to 
make  any  contract,  agreement,  or  ari-angement,  by  winch  th(‘  city  of 
Carondelet  may  iniiirison  persons  in  the  woi-khouse  of  the  city  of  St. 
Louis,  or  in  the  enclosures  or  apiiin-tenances  th(a-(*of,  for  tin;  violation  ol 
aiy  ordinance  or  by-law  of  the  city  of  Carondc'h't;  and  the  ])erson  so 
iniprisoned  may  be  recpiired  hy  the  city  of  Carondelet  to  work  or  labor  in 


A^NIENDEO  CITV  CllAETEK. 


110 


such  workliouso  or  enclosure,  or  appurteiuiuces  or  elsewliere,  under  sueli 
rules  and  regulations  as  said  city  of  Carondelet  may  by  ordinaiute  ])!•(;- 
scribe. 

This  act  shall  take  elfect  and  he  in  force  from  and  after  its  passage. 
Api)roved,  December  5,  1855. 


AN  ACT 

SUPPLEMENTARY  AND  EXPLANATORY , OF  AN  ACT  ENTITLED  -'AN  ACT  TO 
PREVENT  RIOTS  AND  BREACHES  OF  THE  PEACE.” 

Be  it  enacted  by  the  General  A&sembly  of  the  State  of  Missouri,  as  follows: 

Section  1.  Section  thirteen  of  said  act  shall  be,  and  the  same  is  herelyy, 
amended  so  as  to  read  as  follows:  The  city  oi'  town  in  which  such  trespass 
may  be  committed  shall  be  liable  to  pay  to  the  person  whose  property 
shall  be  injured  or  destroyed  thereby,  three-fourths  of  the  value  thereof, 
or  the  damage  thereto. 

Sec.  2.  Section  lifteen  of  said  act  shall  be,  and  the  same  is  herel)3%  so 
amended  as  to  repeal  the  second,  third  and  fourth  subdivisions  of  said 
tifteenth  section;  the  tirstand  tifth  subdivisions  of  said  act  shall,  however, 
i-emain  in  full  force  and  effect. 

This  act  to  be  in  force  from  and  after  its  passage. 

Api)roved,  December  5,  1855. 


AN  ACT 

I.EGALIZING  THE  SUBSCRIPTIONS  OF  THE  CITY  OF  ST  LOUIS  FOR  STOCK  OF  THE 
OHIO  AND  MISSISSIPPI  RAILROAD  COMPANY. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  MissouH,  as  follows  : 

Section  1.  That  all  subscriptions  heretofore  made  foi'  stock  of  the 
Ohio  and  Mississippi  Itailroad  Oompany,  located  in  tlie  State  of  Illinois, 
ill  the  name  of  and  for  account  of  the  city  of  St.  Louis,  by  any  otlicer 
theri'of,  by  virtue  of  any  ordinanci*  of  said  city  therefor,  is  lieiH'by  legalized 
and  declal-ed  as  valid  and  effectual  as  if  lawfully  authorized  at  the  time 
such  su))scri})tions  were  made,  and  shall  lie  so  considered  and  adjudged 
ill  all  courts  of  this  State. 

This  act  shall  take  elfect  from  and  after  its  passage. 

Approved,  December  7,  1855. 


A N A C T 

SUPPLEMENTAL  TO,  AND  AMENDATORY  OF,  AN  ACT  ENTITLED  “AN  ACT  TO 
EXTEND  THE  LIMITS  OF  THE  CITY  OF  ST.  LOUIS,  AND  FOR  OTHER  PURPOSES,” 
APPROVED  DECEMBER  5,  1855. 

Be  it  enacted  by  the  General  Asseynbly  of  the  State  of  ISIissouri,  as  folloios  : 

Section  1.  That  sections  fourteen  and  twenty  of  the  act  entitled  “An 
act  to  extend  the  limits  of  the  city  of  St.  Louis,  and  for  otlna-  purposes. ' ’ 
approved  December  5th,  18115,  are  hereliy  declared  inoiieralive,  and  .said 
act  shall  take  effect  and  be  in  force  froi'n  and  aft(*r  the  thirty-lirst  day  of 
March  next,  any  thing  in  said  aid  to  the  contrary  notwithstanding;  and 
the  mayor  and  city  council  of  .said  city  shall  have  said  city  districted  into 
wards,  according  to  the  jirovisions  of  .said  act,  without  delay,  so  that  tlie 
first  election  for  city  ollicers,  imd(“r  the  act  to  which  this  is  siippli'- 
mentary,  shall  take  place  on  the  tirst  Monday  of  April,  1S5<). 

'riiis  act  shall  take  effect  from  and  after  its  apiu’OvaL 
Approved,  December  8,  1855. 


120  AMENDED  CITY  CHARTER— M^EIGHING  SCALES. 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  “AN  ACT  TO  AMEND  AN  ACT  TO  REDUCE  THE 
LAW  INCORPORATINO  THE  CITY  OF  ST.  LOUIS  INTO  ONE  ACT,  AND  TO  AMEND 
THE  SAME,”  APPROVED  FEBRUARY  23,  1853. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri^  as  follows  : 

Section  1.  That  so  iniicli  of  section  four,  article  six,  of  the  above 
entitled  act  as  provided  for  the  election  of  superintendent  of  the  work- 
house  and  suiierintendent  of  waterworks,  be  and  the  same  is  hereby 
repealed,  and  said  olhcers  shall  be  appointed  by  the  mayor,  as  other 
officers  are  ap])ointed;  and  so  much  of  section  eleven  (11)  of  article  four 
of  an  act  entitled  ‘■‘An  act  to  incorporate  the  city  of  St.  Louis,  and  the 
several  amendatoiy  acts  thereto,  into  one  act,  and  to  amend  the  same,” 
ajiproved  March  8,  1851,  as  provides  for  the  election  of  city  marshal,  be, 
and  tlie  same  is  hereliy,  repealed;  and  said  city  marshal  shall  be  appointed 
by  the  mayor  in  the  same  manner  as  otlier  officers : Provided,  however, 
Tliat  the  present  incumlients  of  said  offices  sliall  be  entitled  to  serve  out 
the  full  time  for  which  they  were  elected. 

This  act  to  take  etfect  and  be  in  force  from  and  after  its  passage. 
Approved,  December  11,  1855. 


AN  ACT 

AMENDATORY  OF  AN  ACT  ENTITLED  “AN  ACT  TO  AUTHORIZE  CERTAIN  PERSONS 

IN  ST,  LOUIS  COUNTY  TO  ERECT  WEIGHING  SCALES,”  APPROVED  FEBRUARY 

28,  1855. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,,  as  follows  : 

Section  1.  No  person  who  sells,  or  has  an  interest  in  the  sale  of,  arthdes 
weighed  at  public  scales,  either  directly  or  indirectly,  by  himself  or 
others,  or  who  buys  them  for  the  purpose  of  selling  over,  or  for  the  uses 
and  purposes  of  any  manufactory  or  other  establishment,  except  his 
private  residence,  shall  be  authorized  to  erect  weighing  scales,  as  provided 
by  the  act  to  which  this  is  amendatory,  either  by  himself  individually,  or 
as  a member  of  a company  or  copartnership;  nor  shall  any  company  or 
( opartnership  so  dealing  be  so  authorized;  and  if  any  weighing  scales  be 
already  erected,  in  violation  of  this  provision,  the  sanie  is  hereby  declared 
illegal;  and  if  public  weighing  be  continued,  after  the  passage  of  this  act, 
to  be  done  thereat,  said  scales  shall  become  forfeited  to  the  county  of  St. 
Louis,  which  niay  sell  and  dispose  of  the  same  at  xiublic  auction,  to  the 
highest  bidder,  for  cash. 

Sec.  2.  No  iierson  or  persons  dealing  in  articles  weighed  at  public 
scales  in  the  city  or  county  of  St.  Louis,  as  in  the  tirst  section  of  this  act 
recited,  shall  be  connected  in,  interested  with,  nor  be  ai\  officer  of,  any 
weighing  scale  in  said  city  or  county;  and  no  such  person  or  persons  who 
are  peciiniarly  interested  in  the  rents  and  profits  of  such  scales  shall  con- 
tinue to  be  so  interest(Ml,  directly  or  indirectly,  either  by  tlunnscdves  or 
others,  after  innety  days  after  the  j)assage  of  this  act;  and  if  such  con- 
nection or  pecuniary  interest  exists  after  such  term,  such  scales  arc  here!)}' 
declared  illegal,  and  become  forfeited  to  the  city  or  county  of  St.  Louis, 
as  the  case  may  be;  which  may  take  i)Ossessi()n  of  and  stdl  the  same,  at 
public;  auction,  to  the  highest  bidder  for  cash. 

Sec.  8.  No  weighing  scales  in  the  county  of  St.  Louis  shall  be  here- 
after erected  withOut  the  ])ermission  of  the  county  court  of  St.  I.ouis 
<‘,ouuty.  or  of  the  city  council  of  the  city  of  St.  Louis,  as  the  case  may  be. 
within  their  jurisdiction;  and  thej' shall  jirovide  agaiicst  comicetition  in 
scales,  for  tlie  sake  of  fees  merely,  and  shall  only  regard  jcublic  coiive- 
ui(*nc(‘  in  the  sel(*ction  of  localities  for  the  erection  of  public  scales;  and, 
with  this  view,  shall  pi-ovide  that  no  scale  be  erech'd  within  ou(‘-half  a 
mile  of  sc'ales  previously  erected,  except  upon  urgent  and  apparent  need. 


WEIGHING  SCALES— ESCHEATED  T.ANDS. 


121 


And  the  tariff  of  fees  or  char»-es  established  by  ordinance  by  tlie  city  of 
St.  Ijonis,  as  the  price  of  weighing,  shall  be  a uniform  standard  of  price 
for  all  weighing  done  at  all  pnblic  scales  in  said  city  and  county ; any 
deviation  from  which,  b}^  exacting  more  or  less  than  the  said  legal  charge, 
sliall  be  pnnished  by  a penalty  of  titty  dollars  on  the  weigher  for  every 
ottense,  and,  also,  by  deprivation  of  office,  upon  conviction  thereof; 
such  i)enalty  to  be  recovered  before  any  court  of  competent  jurisdiction, 
and  to  be  instituted  in  the  name  of  the  city  or  county  of  St.  Louis,  as  the 
case  may  be,  to  the  use  of  the  complainant,  who  shall  be  entitled  to  one- 
half  tlie  'line,  upon  recovery  thereof,  the  other  half  being  payable  to  the 
said  city  or  county. 

Sec.  4.  The  fifth  and  sixth  sections  of  the  act  to  which  this  act  is 
amendatory  are  hereb}"  abolished. 

Tins  act  to  take  eftect  from  and  after  its  passage. 

Approved,  November  19,  1855. 


AN  ACT 

AMENDATORY  OF  AN  ACT  ENTITLED  “AN  ACT  AMENDATORY  OF  AN  ACT  ENTITLED 
‘AN  ACT  TO  AUTHORIZE  CERTAIN  PERSONS  IN  ST.  LOUIS  COUNTY  TO  ERECT 
WEIGIIINU  SCALES,  APPROVED  FERRUARY  27,  1856,’  APPROVED  NOVEMBER  19, 
1855.” 

Be  it  enacted  hy  the  General  Assembly  of  State  of  Missouri,  as  follows : 

Section  1.  That  the  title  of  the  act  to  which  this  is  amendatory  shall 
read  and  be  amended,  as  follows:  ‘ ‘An  act  amendatory  of  an  act  entitled 
‘An  act  to  authorize  certain  individuals  to  establish  weighing  scales  in  St. 
Louis  county,  ’ approved  February  28,  1855.  ” 

This  act  to  take  effect  from  and  after  its  passage. 

Approved,  December  13,  1855. 


AN  ACT 

TO  ENABLE  THE  CITY  OF  ST.  LOUIS  TO  ASSERT  HER  TITLE  TO  CERTAIN 
ESCHEATED  LANDS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri^  as  follows : 

Section  1.  The  city  counselor  of  the  city  of  St.  Louis,  in  order  to 
enable  the  city  of  St.  Louis  to  avail  itself  of  the  provisions  of  the  second 
section  of  an  act  entitled  ‘‘An  act  about  swamp  lands  in  St.  liOuis 
county,”  be,  and  he  is  hereby,  authorized,  in  the  name  of  the  State  of 
Missouri,  to  proceed  in  the  same  manner  as  the  attorney  general  is 
reiiuired  to  do  by  the  provisions  of  an  act  entitled  “An  act  concerning 
escheats,”  aiijiroved  January  8,  1845,  to  ascertain  whether  any  hmU  (‘State 
embraced  within  the  ])rovisions  of  the  first  above  recited  act  has  escheated 
to  the  State  of  Missouri,  and  said  proceedings  shall,  in  all  things,  be 
conducted  in  the  manner  and  form  prescribed  in  said  act  concerning 
escheats. 

Sec.  2.  That  the  title  of  the  State  to  all  lands  which  shall  appear  to 
have  escheated  to  the  State  of  Missouri  licfon^  March  3d,  1851,  by  any 
proceeding  commenced  and  prosecuted  under  the  provisions  of  this  act, 
shall,  from  and  after  judgment,  be  rendered  in  favor  of  the  State,  pass  to 
and  vest  in  the  city  of  St.  Louis. 

This  act  shall  take  effect  from  and  after  its  passage. 

Approved,  December  13,  1855. 


122 


FOREIGN  INSURANCE  COMPANIES. 


AN  ACT 

AMENDATOIir  OF  AN  ACT  ENTITLED  “AN  ACT  TO  LICENSE  AND  REGULATE  AGEN- 
CIES OP  FOREIGN  INSURANCE  COMPANIES/’  APPROVED  DECBxMBER  8,  1855. 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

Section  1.  All  agencies  of  foreign  insurance  coinpanies  doing  lire, 
river  or  marine  insurance  within  this  State,  shall,  on  or  before  the  tirst 
day  of  Febrnary , of  each  and  every  year,  deposit  w ith  the  assessor  of  the 
coiinty,  and  also  of  the  city,  in  wdiicli  tlie  office  or  agency  of  such  com- 
pany "is  located,  a statement,  verffied  by  the  oatli  of  the  agent  of  the 
foreign  company,  specifying  the  gross  amount  (after  deducting  all  retiu-n 
premiimis)  of  premiums  received  for  insurance  by  such  company  or  agent, 
during  the  preceding  year,  up  to  the  tirst  of  January,  immediately  pre- 
ceding such  deposit  of  such  statement,  or  for  such  tractional  part  of  the 
year  that  such  company  or  agency  may  have  been  doing  business  in  this 
State . 

Sec.  2.  If  any  agent  of  any  foreign  insurance  company  shall  neglect  or 
refuse  to  deposit  wdth  the  assessor  aforesaid , on  or  befor(i  the  tirst  day  of 
February,  in  each  and  every  year,  the  verified  statement  recpiired  by  the 
precediiig  section,  it  shall  be  the  duty  of  the  assessors,  respectively,  to 
assess  on  said  company,  or  agency,  such  a sum  of  gross  premiums  as, 
after  diligent  incpmy,  he  may  ascertain  to  be  the  amount  received. 

Sec.  3.  Such  gross  amount  of  premiums,  so  received  as  aforesaid,  shall 
be  subject,  in  the  county  and  ciV  in  wdiich  the  office  of  such  agency  is 
located,  to  the  levy  and  payment  of  such  taxes,  of  every  kind,  as  other 
property  is  subject  to  for  State,  county,  and  municipal  purposes,  Avhich 
taxes  shall  be  paid  liy  such  agent,  to  the  respective  collectors,  within  the 
time  required  by  law'  for  the  payment  of  the  general  taxes:  Provided,  That 
the  tax  so  assessed  on  the  gross  amount  of  premiums,  shall  be  in  lieu  of 
all  taxes  formerly  levied  on  the  capital  stock  of  any  foreign  insurancf* 
company,  for  State,  county,  and  municipal  purposes,  and  that  no  other 
taxes  of  any  kind,  than  as  in  this  act  specified,  shall  be  levied  on  such 
agencies  for  any  purpose  wiiatever. 

Sec.  4.  Upon  the  agent  or  agents  of  any  foreign  insurance  (company 
depositing  with  the  assessors  the  verilied  statement  required  by  tins  act, 
and  complying  with  the  })rovisions  of  section  tirst  of  the  act  to  wiiicli  this 
act  is  amendatory,  the  clerk  of  the  county  court  of  the  county  in  which 
such  agency  is  located,  shall  issue  to  him  or  them  a license,  in  the  name 
of  the  State,  for  carrying  on  the  Inisiness  of  his  or  their  agency,  for  the 
space  of  one  year;  wiiich  license  shall  be  renewed  from  year  to  year,  by 
such  clerk,  if  demanded;  and  for  every  such  license,  such  clerk  shall  be 
paid  a fee  of  fifty  cents . 

Sec.  5.  There  sliall  be  levied  and  collected  by  such  clerk,  on  such 
license  so  issued  to  any  agent  or  agiaits,  as  aforesaid,  the  sum  of  one 
hundred  dollars  for  State  purposes,  and  twT)  hundred  dollars  for  county 
purposes;  and  such  license  shall  be  exempt  from  all  othei*  taxation 
whatever. 

Sec.  G.  The  agent  or  agents  of  any  foreign  insurance  com jiain' doing 
business  in  the  county  of  St.  Louis,  shall  ])ul)lish,  daily,  for  six  suc- 
cessive days,  on  or  before  the  tii’st  day  of  February,  of  each  and  every 
year,  the  statement  reqnii-ed  in  the  first  section  of  the  act  to  wdiich  this 
is  amendatory,  in  one  English  and  one  German  newsiiaper  iiufilisiied  in 
said  county:  Provided^  That  whenever  the  jiarent  oftice  of  sucli  agency 
shall  jiublish  an  annual  statement  of  its  affairs,  the  time  mentioiu'd  in  the 
first  iia’rt  of  tliis  section  for  the  ])ublication  of  the  statement  sluill  be  so 
changed  as  to  allow  said  publication  to  be  nnule  within  one  montli  of  the 
date  of  such  annual  statement  by  tlie  ])arent  conqiauy. 

Sec.  7.  Tbe  agent  or  agents_of  any  foreign  iusu*rance  company  doing 
liusiness  in  the  city  of  St.  Louis,  shall,  in  addition  to  flu'  tax  on  gross 
liremiums,  above  jirovided  for,  jiay  to  the  collecdor  of  the  ward  in  said 
city  in  which  the  office  of  said  agent  is  located,  on  or  Ixdbi-e  tlu'  lirst  day 


iNCoiiroEA'rioN. 


123 


the  use  of  the  said  city,  -which  sum  sliall  be  considered  in  full  for,  and  in 
room  of,  all  taxes  and  licenses  whicli  said  city,  by  its  charbn-,  may  or 
may  not  i)ossess  the  power  to  inii)ose  on  such  a^’cncies;  and  sucli  colbictor 
shall,  upon  such  payment  beino-  made,  issue  to  su(;h  agent  or  agents  a 
license,  in  the  name  of  the  city  of  St.  Louis,  for  the  carrying  on  the 
business  of  such  agency  for  one  year;  whicli  license  shall  be  renewed 
from  }uuir  to  year,  if  demanded,  aiid  sliall  not  be  subject  to  any  taxation 
of  any  kind  -whatever. 

Sec.  8.  Any  agent  or  agents  of  any  such  insurance  company,  who  shall 
neglect  or  refuse  to  comply  with  the  requirements  of  the  last  preceding 
section,  shall  forfeit  and  pay  the  sum  of  two  liundred  dollars,  whicli  may 
be  sued  for  and  recovered  in  the  name  of  the  city  of  St.  Louis,  to  the  use 
of  the  same,  by  suit  instituted  by  the  city  attorney,  in  any  court  having 
competent  jurisdiction . 

Sec.  9.  Any  person  or  persons  who  shall,  as  agents  of  any  insurance 
company,  or  an  agency  doing  business  in  this  State,  in  anywise  neglect  or 
refuse  to  comply  with  any  ot  the  foregoing  provisions  of  this  act,  or  who 
shall  willfully  make  a false  or  fraudulent  statement  of  the  business  or  con- 
dition of  his  or  their  company,  shall  forfeit  and  pay  the  sum  of  live  hundred 
dollars  for  each  offense,  and  shall  not  do,  directly  or  indirectly,  any  kind 
of  insurance  business  until  the  requisitions  of  this  act  are  faithfully  com- 
plied with;  and  it  shall  be  the  duty  of  the  collector  of  the  county  in  which 
the  office  of  such  agency  is  located  to  prosecute  for  the  recoveiy  of  au}^ 
forfeitures  incurred  by  this  act;  and  any  and  all  fines  and  forfeitures  thus 
incurred  may  be  recovered,  in  the  name  of  the  State,  to  the  use  of  the 
State  and  county,  in  equal  proportions,  l)y  plaint  bill  or  information,  in 
any  court  of  competent  jurisdiction. 

Sec.  10.  Whenever  any  judgment  shall  be  obtained,  in  any  of  the 
courts  of  this  State,  against  any  foreign  insurance  company  liaving  an 
office  or  doing  business  in  this  State,  and  said  judgment  shall  remain 
unsatisfied  for  the  period  of  fifteen  days  after  execution  shall  have  been 
lawfully  issued  thereon,  the  license  issued  to  said  insurance  company  shall 
immediately  become  nnll  and  void,  and  such  insurance  company  shall  be 
prohibited  from  transacting  any  business  in  this  State  until  such  judgment 
shall  be  fully  satisfied. 

Sec.  11.  So  much  of  an  act  entitled  “An  act  to  license  and  regulate 
agencies  of  foreign  insurance*  companies,”  apiu-oved  December  8,  1855, 
and  all  othei’  acts  or  parts  of  acts,  contrary  to  or  inconsistent  with  the 
provisions  of  this,  be,  and  the  same  are  hereby,  repealed. 

This  jict  to  take  effect  a, ml  be  in  force  from  alid  after  its  passage. 

Approved,  February  27,  1857. 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  “AN  ACT  TO  AMEND  AN  ACT  ENTITLED  'AN  ACT 
TO  REDUCE  THE  LAW  INCORPORATING  THE  CITY  OF  ST.  LOUIS,  AND  THE 
SEVERAL  L VWS  AMENDATORY  THEREOF,  INTO  ONE  ACT,  AND  TO  AMEND  THE 
SAME,’  APPROVED  FEBRUARY  23,  1853.” 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri^  as  folloios : 

Section  1 . Where^  property  has  been  condemn(*d  for  a street  or  pulilic 
way,  or  a jury  has,  in  iiroceeilings  for  such  condemnation,  given  a ver- 
dict as  iirovided  for  in  the  law  to  whi(‘h  this  act  is  amendatory,  and  no 
appropriation  has  been  made  by  the  council  of  the  city  of  St.  Louis  to  ])ay 
for  the  ])roperty  condemned,  as  in  the  act  provided  to  which  this  is 
amendatory,  and  where  the  city  of  St.  Louis  has  instituted  in-oceedings  a 
second  time  under  said  act,  and  anoth(*r  jury  has  given  a verdi(;t  as  above 
named,  and  the  city  council  has  a second  time  fail(*d  to  make  an  appropri- 
ation to  pay  the  sum  or  sums  award(*d  to  be  paid  by  tbe  city,  as  in  the 
said  act  iiroVided,  there  shall  be  no  authority  in  the  city  of  St.  Louis,  its 


124  SALE  OF  REFRESHMENTS— BILLS  OF  MORTALITY. 


mayor,  or  council,  to  proceed  further,  or  again,  in  the  condemnation  of 
such  property  for  a street  or  pid)lic  way. 

Tliis  act  to  take  elfect  from  and  after  its  passage. 

Approved,  February  27,  1857. 


AN  ACT 

CONFIRMIXa  CERTAIN  POWER  TO  THE  CITIZENS  OF  ST.  LOUIS  COUNTY. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri^  as  follows  : 

Section  1.  That  tlie  corporate  authorities  of  the  diftereiit  cities  in  tlie 
county  of  St.  Louis  shall  have  the  power,  whenever  a majority  of  the 
legal  voters  of  the  respective  cities  in  said  comity  authorize  them  so  to  do, 
to  grant  permission  for  the  opening  of  any  estahlishment  or  establish- 
ments, within  the  corporate  limits  of  said  cities,  for  the  sale  of  refresh- 
ments of  any  kind  (distilled  liquors  excepted),  on  any  day  in  the  week. 

Sec.  2.  Any  person  who  shall,  on  a Sunday,  sell  or  offer  for  sale, 
within  the  corporate  limits  of  said  cities,  anj-  distilled  liquors,  or  any 
composition  of  which  distilled  liquors  form  a part,  shall  be  punished  by 
fine  of  not  less  than  ten  nor  more  than  fifty  dollars. 

Sec.  3.  The  provisions  of  the  first  section  of  this  act  shall  not  be  con- 
strued as  authorizing  the  sale  of  ardent  spirits  on  any  day  mentioned, 
except  as  now  by  law  allowed . 

Sec.  4.  All  acts  and  part  of  acts  conflicting  with  the  provisions  of  this 
act  are  hereby  repealed. 

This  act  to  take  effect  from  its  passage. 

Approved,  March  4,  1857. 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  AN  ACT  TO  AMEND  AN  ACT  CONCERNING  BILLS 
OF  MORTALITY  IN  THE  CITY  OF  ST.  LOUIS  AND  SUBURBS/’  APPROVED  FEBRU- 
ARY 25,  1843. 

Re  it  enacted  by  the  General  Assembly  of  the  State  of  Missomd,  as  follows : 

Section  1 . The  words  ‘ ‘ clerk  of  the  board  of  health  of  the  city  of  St . 
Louis,”  are  hereby  substituted,  and  used  for,  and  instead  of  ‘■'■register 
of  the  city  of  St.  Lonis,  ’ ’ or  any  words  indicating  said  officer,  whenever 
the  same  may  occur  in  said  act. 

This  act  to  take  effect  from  its  passage. 

Approved,  November  18,  1857. 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  “ AN  ACT  TO  PROVIDE  FOR  THE  REDUCTION  OF 
THE  CITY  DEBT  OF  THE  CITY  OF  ST.  LOUIS/’  APPROVED  MARCH  5,  1855. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Miss ou?^,  as  foil otvs  : 

Section  1.  That  the  third  section  of  the  act  to  which  this  is  amenda- 
tory. is  hereby  modified  and  altered  as  follows:  The  following  words  are 
stricken  out  of  the  said  third  s(‘ction,  to-wit:  ‘ ‘and  interest  at  the  rate  of 
four  ])er  cent,  per  annum  shall  be  required  and  accounted  for,  for  all 
dejiosits  made  in  aii}’  bank  or  banking  establishment  by  said  (*omniis- 
sioner.  ’ ’ 

Sec.  2.  The  said  third  section  shall  stand  in  full  force,  as  it  will  read 
with  th(5  words  stricken  out  mentioned  in  the  first  section  of  this  act. 

Sec.  3.  Whenever  the  fund  commissioner  shall  be  able  to  obtain  an 
agreement  for  the  payment  of  interest  on  the  sinking  fund  from  the 


KE VKN  UE— G ASTJG irr  COMPANIES . 


125 


depository  ji^Teed  upon  by  tbe  mayor  of  the  city  of  St.  Louis  <and  the 
fund  couunissiouer,  it  shall  be  his  duty  so  to  do  at  a rate  settled  by  agree- 
ment between  such  depository  and  said  mayor  and  fund  commissioner  on 
the  part  of  the  city,  which  interest  shall  be  accounted  for  as  a part  of  said 
sinking’  fund. 

This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  November  18,  1857. 


AN  ACT 

TO  TBOVIDE  FOR  LEVYING,  ASSESSING,  AND  COLLECTING  THE  REVENUE. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Missou7d , as  follovjs  : 

ARTICLE  V . 

Of  the  sale  of  Lands  for  Taxes. 

Section  43.  All  tax  deeds  for  lots  or  lands  sold  under  ordinances  of 
the  city  of  St.  Louis,  for  the  non-payment  of  taxes  due  said  city,  shall  be 
received  in  like  manner,  and  shall  "have  the  same  force  and  effect,  when 
recorded,  as  State  tax  deeds  in  this  article  provided  for. 

This  act  to  take  effect  and  lie  in  force  from  and  after  its  passage. 

Approved,  November  23,  1857. 


AN  ACT 

IN  RELATION  TO  GASLIGHT  COMPANIES  INCORPORATED  IN  THE  CITY  OF  ST.  LOUIS. 
Be  it  enacted  by  the  General  Assembly  of  the  State  of  ]\[issou7d,  as  folloios : 

Section  1 . No  gaslight  company  chartered  in  this  State  shall  be  allowed 
to  demand  from  its  cnstomers  advance  jiayment  for  more  than  the  esti- 
mated ([uantity  of  gas  to  be  used  by  the  part}^  for  the  period  of  one  month 
and  a half. 

Sec.  2.  It  shall  be  the  duty  of  the  mayor  or  city  council  of  any  town 
or  city  within  this  State,  in  which  a »’as  company  may  be  chartered,  to 
appoint  a gas  inspector  for  said  city.  It  shall  be  the  duty  of  said  insiiector, 
in  ('.very  cas(‘  of  (;omi)laint  made*,  by  any  pt'rson  using*  said  gas,  to  examine 
into  the  (aiuse  of  complaint;  and  if  any  defect  is  found  in  the  meter,  he 
shall  c,aus(*  said  (hdect  to  b(^  remedii'd  at  the  expmise  of  the  gas  company; 
and  he  shall,  also,  in  case  of  defect  found  in  the  meter,  estimate  tlie 
amount  of  the  gas  actually  used  by  the  (amsiimer  for  tlu^  month,  and 
reiiort  the  same  to  the  company,  who  shall  charge  the  (Muisniner  for  said 
amount,  and  no  more;  and  the  city  (a)uncil,  by  ordinance,  may  impose 
such  additional  duties  uiion  the  inspector,  in  regard  togas  inspection,  as 
they  mav  deem  decessary. 

Sec.  It  shall  also  be  the  duty  of  said  inspi'ctor,  in  case  of  complaint 
made  that  the  gas  comiiany  is  furnishing  gas  of  an  infei*ior  (juality,  to 
examiiu!  into  the  cause  of  complaint;  and  if  it  b(^  found  that  the  gas  is  of 
inf(*rior  cpiality,  he  shall  report  the  fact  to  the  mayor,  who  shall  ininu'- 
diately  notify  tin*  otticers  of  the  gas  com[)any,  najuiring  them  to  furnish 
good  gas;  and  the  company  shall  make  a rei'isonable  and  proper  deduction 
from  the  price  of  the  gas  sold  during  the  tinu*  of  the  (‘xistence  of  such 
inferiority;  such  (hjduction  to  be  made  by  oi*der  of  the  mayor,  upon  the 
rei)ort  of  the  inspector. 

Sec.  4.  The  said  inspector  shall  r(}(;eiv(‘  for  otlice  rent  and  salary,  to  be 
fixed  t)y  the  city  council,  a sum  annually  not  excc'eding  two  thousand 
dollars,  to  be  paid  by  the  conpiany. 

Sec.  5.  No  gas  (joinjiany  shall  be  ever  allow(*d  to  make  out  average 
bills,  but  all  bills  .shall  be  based  upon  the  actual  amount  of  gas  consumed. 


12G 


CITY  TO  TAICE  AND  HOLD  PROPERTY. 


Sec.  G.  If  any  gas  company  in  tins  State  shall  refuse  to  supply  gas  to 
any  occupant  of  a building  because  a previous  tenant  of  the  building  may 
not  have  paid  his  gas  bill,  it  shall  forfeit  and  pay  the  sum  of  ten  dollars 
for  every  day  it  shall  so  refuse,  to  be  recovered  in  any  court  having  juris- 
diction, in  the  name  of  the  injured  party. 

Sec.  7.  All  compulsory  agreements  or  contracts  made  by  any  gas 
company  with  individuals,  requiring  a deposit  of  money  greater  than  is 
sutlicient  to  pay  for  the  average  quantity  of  gas  consumed  for  one  month 
and  a half,  is  [are]  hereby  declared  void. 

Sec.  8.  It  shall  be  the  duty  ot  the  city  council  of  any  city  in  which 
there  is  any  chartered  gas  conipany,  to  provide  by  ordinance  for  carrying 
into  effect  this  act. 

Sec.  9.  This  act  shall  take  effect  in  thirty  days  from  its  passage , and 
apply  only  to  the  efty  of  St.  Louis. 

Approved,  March  14,  1859. 


AN  ACT 

supplementary  to  the  several  acts  to  incorporate  the  city  of  ST. 

LOUIS. 

Whreas,  Doubts  have  been  suggested  as  to  the  capacity  of  the  city  of 
St.  Louis  to  take  and  hold  property  beyond  the  city  limits,  given  for 
charitable  purposes,  and  also  as  to  the  capacity  of  the  city  to  execute 
charity  trusts ; therefore , 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Missouri^  as  follows : 

Section  1.  The  city  of  St.  Louis  is  hereby  declared  to  be  capable  of 
taking  and  holding  property,  real  and  personal,  both  within  and  without 
the  city  limits,  given  or  to  be  given  to  charitable  purposes,  and  of  execut- 
ing all  such  charity  trusts  in  like  manner  as  natural  persons  are. 

This  act  shall  take  effect  from  its  passage. 

Approved,  March  12,  1859. 


AN  ACT 

TO  ENABLE  THE  CITY  OP  ST.  LOUIS  TO  PURCHASE  THE  GASWORKS  OP  THE  ST. 

LOUIS  GASLIGHT  COMPANY. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  folloios: 

Section  1.  For  the  purpose  of  providing  the  means  to  enable  the  city 
of  St.  Louis  to  jmrehase  and  paj^  for  the  gasworks  of,  and  belonging  to, 
the  St.  Louis  Gaslight  Company,  iiursuant  to  the  provisions  ot  the 
twenty-seventh  section  of  the  amended  charter  of  the  St.  Louis  Gaslight 
Company,  apjiroved  February  11th,  1839,  the  mayor  of  the  city  of  St. 
liOuis  is  hereby  authorized  to  issue  the  bonds  of  said  city  of  St.  Louis,  in 
sums  of  one  thousand  dollars  each,  payable  at  such  time  or  times,  not 
less  than  live  nor  more  than  twenty  years  from  the  date  thereof,  as  the 
mayor  and  fund  commissioner  of  said  city  shall  deem  best,  to  an  amount 
sufficient,  and  no  more  than  sufficient,  to  pay  the  imrchase  monej"  of 
said  gasworks;  Avhich  bonds  shall  bear  interest  at  the  rate  of  six  per 
cent,  per  annum,  payable  semi-annually,  and  shall  have  attached  to 
them  semi-annual  coupons  for  the  iiayment  of  said  interest.  Said  bonds 
shall  be  entitled  and  designated  on  tlieir  face,  “special  gaswoi-ks  bonds 
of  the  city  of  St.  Louis; slinll  be  signed  by  the  mayor,  and  counter- 
signed by  the  controller  and  fund  commissioner  of  tlie  city  of  St.  Louis, 
and  shall  have  the  seal  of  said  city  affixed  thereon.  They  shall  be 
obligatory  on  said  city  of  St.  Louis,  "and  be  and  opei'ate  a sixaual  lien  on 
all  the  works  and  proi)erty  ot  said  St.  Louis  gasworks,  and  the  entire 
works,  property,  rights  and  franchises,  of  every  nature  whatever,  ot 


CITY  MAY  PUKCILVSE  GASWOJMvS. 


127 


v<nid  St.  Louis  Gasli^lit  C()ini)aiiy,  wlioii  ])iii-eliase(l;  and  all  additions 
thereto,  or  extensions  thereof,  thereafter  made  by  sai(l  city  shall  b«*,  and 
the  same  are  irrevocably  pledged  and  held  boiiml  and  liable  for  the  pay- 
ment of  said  bonds. 

Skc.  2.  If  said  city  shall  not  purchase  said  gasworks  at  the  time 
si)ecitied  in  the  foregoing  section,  this  law  shall  remain  in  force  so  as  to 
enable  said  city  to  purchase  said  gasworks  at  any  other  time  when,  by 
said  amended  cliarter,  said  purchase  is  authorized  to  be  made;  and,  upon 
said  purchase  being  made  at  an^^  time,  all  the  rights,  iirivile^es,  and 
fi-anchises  of  said  St.  Louis  Gaslight  Company,  together  with  the  Avhole 
property  of  said  company  of  every  nature,  real,  personal,  and  mixed, 
shall  be  the  property  otVbelong  to,  and  be  vested  at  once,  by  said  pur- 
chase in  the  said  city  of  St.  Louis,  and  said  St.  Louis  Gaslight  Company 
be,  at  the  same  time,  wholly  divested  thereof. 

Sec.  3.  Said  bonds  shall  be  sold  by  said  mayor,  or  by  some  person 
duly  authorized  by  him  to  sell  the  same,  and  the  proceeds  thereof  shall  at 
once  be  paid  over  into  tlie  hands  of  the  fund  commissioner  of  the  city  of 
St.  Louis,  who  shall  appl}^  the  same,  without  delay,  to  the  payment  of 
the  purchase  money  aforesaid,  and  to  no  other  purpose  whatever. 

Sec.  4.  The  entire  revenue  and  receipts  arising  from  said  gasworks, 
after  paying  the  current  expenses  of  the  management  of  said  works, 
shall  be  paid  over  into  the  city  treasury,  and  the  treasurer  of  said  city 
shall  keep  a separate  account  of  such  moneys,  which  shall  be  held  secure 
to  the  payment  of  the  interest  on  said  bonds,  the  pendent  extension  of 
said  works,  as  the  necessities  of  said  city  recpiire,  and  to  the  linal  pay- 
ment of  said  bonds;  that  is  to  say,  so  much  of  said  revenue  as  ma.y  be 
necessary  shall  be  appropi-iated  to  the  payment  of  the  said  interest, 
secured  by  such  extensions  and  improvements  of  said  works  as  may  be 
ordered  by  the  board  of  commissioners  herein  named;  and  whatever 
remains  of  said  revenue  shall  be,  from  time  to  time,  at  least  half  yeai-ly, 
invested  in  said  special  gasworks  bonds,  or  the  bonds  of  the  city  of  St. 
Louis,  or  the  bonds  of  tlie  State  of  IVlissouri,  the  interest  on  wlficli  last 
named  bonds  shall  be  again,  in  like  manner,  invested  from  time  to  time, 
and  the  whole  be  kept,  secured,  and  ai)propriated  to  the  linal  redemp- 
tion, after  payment,  of  said  special  gasworks  bonds  of  the  city  of  St. 
Louis. 

Sec.  5.  There  shall  be  appointed  by  the  mayor  of  said  city,  by  and 
with  the  advice  and  consent  of  the  boai'd  of  aldermen,  two  i)ersons, 
who,  in  conjunction  with  the  mayor,  shall  constitute  a l)oard  of  commis- 
sioners for  the  management,  control,  and  operation  of  said  works;  wliich 
board  shall  o])erate,  manage,  eontrol,  and  extend  said  gasworks,  and  the 
revenue  and  income  arising  therefrom,  under  and  according  to  the  pro- 
visions of  this  law,  and  such  rules  and  regulations  as  the  mayor  and 
common  council  of  the  city  of  St.  Louis  shall,  from  time  to  tune,  by 
ordinance,  establish  and  prescribe,  not  inconsistent  with  this  law.  Said 
board  of  commissioners  may  apj)oint  a superintendent  of  said  gasworks, 
and  employ  such  other  officers  and  agents  as  the  managenumt  and  opera- 
tion of  said  works  recpiire,  which  suicerintendent  and  subordinate;  otlicers 
shall  receive  such  compensation  for  their  services  as  said  boai-d  nui}'  tix 
and  allow. 

Sec.  G.  Said  commissioners  shall  be  appointed  and  hold  their  offices 
for  two  years,  and  until  tlu'ir  successors  ;ire  appointed  and  (lualitied;  shall 
give  such  bond  and  receive  such  compemsation,  not  exceeding  one  thou- 
sand clollars,  as  shall  be  allowed  by  ordinance:  Provided,  however,  That  in 
the  tirst  appointment  of  commissioners,  one  shall  be;  appointed  for  only 
one  year,  so  that  both  of  said  commissioners  shall  not  go  out  of  office  at 
the  same  time. 

Sec.  7.  The  city  of  St.  liOuis  shall  have  power  to  lease  said  woi-k  from 
time  to  time,  subject  to  such  restrictions  and  conditions  as  the  common 
council  of  said  city  shall  by  ordinance  impose. 

This  act  shall  be  in  force  from  its  passage. 

Approved,  March  12,  1859. 


128 


AMENDED  CITY  CHAETER. 


AN  ACT 

AMENDATOllT  OF,  aXD  SUPPLEMENTARY  TO,  THE  SEVERAL  ACTS  INCORPO- 
RATING THE  CITY  OF  ST.  LOUIS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

Section  1.  That  the  several  acts  incorporating-  the  city  of  St.  Louis, 
and  all  acts  amendatory  of,  and  supplementary  to,  the  same,  be  and  are 
hereby  amended  as  follows : 

Sec.  2.  All  persons  elected  by  the  people  of  the  city,  or  appointed  by 
the  mayor,  under  existing  acts  incorporating  the  city  of  St.  Louis,  shall 
hold  their  offices  until  their  successors  shall  be  elected  or  appointed  under 
this  act. 

Sec.  3.  The  city  council  shall  consist  of  one  board,  called  the  board  of 
common  council,  who  shall  possess  all  the  powers  and  exercise  all  the 
functions  as  the  board  of  aldermen  and  city  council  as  heretofore  consti- 
tuted. Said  board  shall  consist  of  twenty  members,  two  to  be  elected  in 
each  ward;  and  no  person  shall  be  eligible  wdio  shall  not  have  resided 
three  years  in  the  State  of  Missouri,  and  be  a resident  of  the  ward  from 
which  he  is  elected,  and  be  a citizen  of  the  United  States  and  of  the 
State  of  Missouri,  or  who  shall  be  delincxuent  in  the  payment  of  taxes, 
or  other  dues  to  the  city. 

Sec.  4.  The  members  of  the  present  board  of  aldermen,  from  each 
ward,  who  hold  over  under  the  present  charter,  shall  be  members  of  the 
common  council,  as  now  constituted  in  this  amendment,  and  hold  their 
offices  for  one  year.  On  the  first  Monday  in  April,  eighteen  hundred  and 
fifty -nine,  one  alderman  shall  be  elected  from  each  ward,  who  shall  hold 
their  offices  for  two  years ; at  the  same  time  there  shall  be  an  election  to 
fill  any  vacancies  among  the  aldermen  who  hold  over.  On  the  first  Mon- 
day in  April,  eighteen  hundred  and  sixty,  and  every  year  thereafter, 
each  ward  in  the  city  shall  elect  one  aldernian,  who  shall  hold  their  offices 
for  two  years,  so  that  one-half  of  the  members  of  the  common  council 
shall  be  elected  in  each  year. 

Sec.  5.  All  ordinances,  passed  by  the  council  shall,  within  five  days 
after  they  become  laws,  be  published  in  two  newspaxiers,  xiublished  in  the 
city  of  St.  Louis.  The  board  shall  cause  a correct  abstract  of  its  pro- 
ceedings to  be  made  out  and  xniblished  in  two  of  the  newspapers  of  the 
city.  This  abstract  shall  resent  the  substance  of  all  the  petitions,  me- 
morials and  remonstrances,  of  all  motions  and  iiropositions,  and  of  all 
bills,  resolutions  and  orders,  so  as  to  exhiliit  their  nature  and  inii)ort;  and 
shall  also  iiresent  a brief  and  accurate  statement  of  all  proceedings  in  rela- 
tion thereto.  The  communications  of  the  mayor  and  otlier  city  officers 
shall  be  published  in  full  in  the  pajiers  publishing  the  iiroceedings  of  the 
lioard;  but  the  board  shall  so  order  as  not  to  incur  the  expense  of  pub- 
lishing the  same  document  a second  time. 

Sec.  6.  The  mayor  shall  hold  his  office  for  two  years,  and  until  his 
successor  is  duly  elected  and  qualified;  and  may,  for  misdemeanor  in 
office,  be  removed  from  office  by  the  board  of  connnon  council,  if  three- 
fourths  of  all  the  members  elected  to  said  lioard  shall  vote  for  such 
removal . 

Sec.  7.  No  bill  passed  by  the  board  of  common  council  and  returned 
by  the  mayor,  with  Ins  objections,  shall  become  a law,  unless,  on  recon- 
sidering the  same,  it  sliall  be  jiassed  by  the  vote  of  two-thirds  of  the 
members  elected  to  said  board. 

Sec.  8.  The  mayor  shall,  subject  to  the  aiiproval  of  tlie  board  of  com- 
mon council,  apiioint  every  officer  of  the  city,  except  the  conqitroller, 
city  recorder,  auditor,  tri'asurer,  regisfin-,  liarbormaster,  and  city  attor- 
ney, who  shall  be  elected  in  the  same  manner  as  lieretoforiq  whose  term 
of  office;  shall  be  the  same  as  that  of  the  mayor;  and  the  mayor  sliall  also 
have  power  to  remove  any  such  ofiicer  by  him  axiiiointed,  lu'ovided  that 
thi-ee-fourths  of  the  members  eleefi  to  "such  board  shall  vote  lor  such 
removal . 


a:mkni)EI)  city  cilvkteu. 


129 


Sec.  0.  Xotliin^’  in  the  i)reee(lino-  section  contihnetl  shall  ])e  construed 
to  apply  to  the  removal  or  snsi)ension  of  any  olHcer  or  i)rivate  of  the 
l)olie(‘ (h'partinent;  hiit  the  mayor  and  common  council  shall  have  i)0\ver 
to  enact  such  ordinances,  affecting-  the  regnlation  of  that  depai-tment.  an<l 
the  removal  and  suspension  of  the;  several  members  thereof,  without 
exception,  as  may  he  deemed  just  and  right. 

Sec.  10.  Any  otticer  or  employe  of  tlie  city,  who  shall  appropriate  to 
his  own  use,  or  to  the  use  of  any  other  person,  any  money  belonging  to 
the  city,  or  the  interest  thereon  accruing,  when  the  same  is  deposited  in 
a bank  or  other  institution,  or  with  any  banker  or  other  person,  shall  be 
deemed  guilty  of  imbezzlement,  and  be  punished  by  imprisonment  in  the 
comity  jail  for  a term  not  less  than  one  year,  or  in  the  penitentiary  for  a 
term  not  more  than  two  years;  and  no  bill  shall  be  passed  without  being- 
read  on  three  separate  days. 

Sec.  11.  The  general  and  special  taxes,  levied  b}^  the  city  upon  prop- 
erty, in  conformity  with  the  laws  of  the  State  and  the  ordinances  of  the 
citjy  shall  constitute  a lien  upon  the  property  upon  which  they  are  levied, 
until  paid;  and  the  city  is  herebj^  authorized  and  empowered  to  provide 
by  ordinance  for  enforcing  the  payment  of  taxes,  by  proceeding  against 
the  property  taxed,  under  the  lien  aforesaid,  or  by  action  of  debt  against 
the  delinquent  tax  payer,  in  lui}"  court  of  competent  jurisdiction,  or  by 
both  of  said  procedures. 

Sec.  12.  The  style  of  the  ordinances  of  the  city,  from  and  after  the 
first  meeting  of  the  board  of  common  council,  under  the  provisions  of 
this  law,  sliallbe:  “Be  it  ordained  by  the  common  council  of  the  city 
of  St.  Louis.” 

Sec.  13.  The  appropriations  and  contracts  made  and  entered  into  by 
the  board  of  common  council,  during  any  one  fiscal  year,  for  all  objects 
of  the  public  service,  except  special  expenditures,  payal)le  out  of  special 
revenue  or  taxes,  shall  nut  exceed  the  income  of  the  preceding  fiscal  year, 
after  deducting  from  such  income  the  proceeds  of  si)ecial  revenue  and 
taxes;  but  if  the  income  of  any  one  fiscal  3-ear,  excei)ling  therelrom  the 
special  revenue  and  taxes  appli(jable  to  special  objects  of  expemditure, 
shall  be  found  to  exc(;ed  the  amount  of  ai)i)ropriation  herewith  authorized, 
the  l)oard  of  common  council  shall  have,  power  to  appropriate  snch 
excess  of  income  to  the  i)aynient  of  the  public  debt. 

Sec.  14.  The  board  of  common  council  shall  have  power,  by  ordinance, 
to  cause  a general  sewei- system  to  be  established,  which  sliail  be  divided 
into  three  classes  of  sewers,  namel}-,  i)ublic,  district  and  i)rivate  sewers. 
Public  sewers  shall  be  establislual  along  the  principal  courses  of  drainage, 
at  such  times,  and  to  such  extent,  and  of  such  dimensions,  and  under 
such  regulations,  as  ma3^  be  j)r<)vided  b}-  ordinance;  and  there  mav  be 
extensions  or  branches  of  sewers  alread}^  constructed,  or  entireh'  new 
throughout,  as  each  case  ma,v  napiire.  The  board  of  common  council 
shall  levy  a tax  on  all  ])ro])erty  made  taxable  for  State  purposes,  over  tlie 
whole  city,  to  ])ay  the  cost  of  constructing,  reconstructing  and  repairing 
such  works;  which  tax  shall  be  called  a ‘ ‘special  public  sewer  tax, ' ' and 
shall  be  of  such  amount  as  may  be  recpiired  for  the  sewers  provided  b}- 
ordinance  to  be  built;  and  the  fund  arising  from  said  tax  shall  be  api)i-o- 
priated  solely  to  the  building,  rebuilding-  and  repairing  of  said  sewers. 
IMstrict  sewers  shall  be  established  within  the  limits  of  districts,  to  be 
prescribed  by  oi-dinanc(!,  coniiecding  with  the  public  sewers,  or  other 
district  sewers,  oi-  with  any  natural  course  of  drainage,  as  each  case  may 
re<iuire.  Such  district  may  be  sub-divided,  enlarged,  or  changed,  by 
ordinance,  at  any  time  previous  to  the  construction  ther(‘in.  The  common 
council  shall  causii  sewers  to  be  construct(“d  in  each  district,  \\4ienever  a 
majoi-it}^  of  the  i)roperty  holders  resident  within  a district  sliall  petition 
tluM-efor,  or  whenever  the  comicil  may  d('(*ni  such  sewer  necessarv  for 
sanitary  or  other  ])nri)os(‘s;  snch  s(‘wers  shall  be  made  of  such  dinuaisions 
as  may  be  prescrilx'd  by  ordinan(;e,  and  may  be  changed,  eidarg-ed,  or 
extend(Hl,  and  shall  have  all  the  necessary  laterals,  inlets,  and  other 
ai)pui-t(‘nances,  which  ma}- he  required.  80  soon  as  a district  sewer  shall 
have  been  fnll3-  completed,  the  city  engineer,  or  other  otUcei-  having 
charge  of  the  w'ork,  shall  compute  the  whole  cost  thereof,  and  shall  assess 

9 


AMENDED  CITY  CIIAETEE. 


ISO 

it  us  a special  tax  a«'aiiist  tlie  lots  of  o-roiuul,  exclusive  of  improvciiieiits, 
in  proportion  to  the  areu  of  the  whole  district,  exclusive  of  public  liig-li- 
ways;  and  said  ollicer  shall  make  out  u eertitied  bill  of  such  assessment 
against  each  lot  of  ground  within  the  district,  in  the  name  of  the  owner 
thereof.  Said  cerlilicate  shall  be  dcdivered  to  the  contractor  for  the  work, 
who  shall  ])roceed  to  collect  the  same  ])y  ordinaiy  process  of  law,  in  the 
name  of  the  city,  to  his  own  use;  and  in  cases  of  absent  owners,  lie  may 
sue  by  attaclmient,  or  by  any  other  process  known  to  law;  and  each 
certiticate  shall  be  a lien  against  the  lot  of  gi-ound  described  therein,  and 
shall  bear  interest  at  the  rate  of  ten  per  centum  per  annum,  from  thirty 
days  after  the  date  of  issue;  and  it  not  paid  within  six  months  after  date 
of  issue,  then  it  shall  bear  interest  at  the  rate  of  tifteen  per  centum  per 
annum,  until  paid;  and  the  city  shall  incur  no  liability  for  building  district 
sewers,  except  whenever  the  city  is  the  owner  of  a lot  of  ground  within 
the  district,  and  in  that  case  she  shall  be  liable  tor  the  cost  of  said  sewer  in 
the  same  manner  as  other  property  owners  within  the  district.  The 
repaii-s,  cleaning,  and  other  incidental  expenses  of  district  sewers,  shall 
be  paid  out  of  a general  appropriation  for  that  purpose;  and,  at  the  end 
of  each  liscal  year,  the  auditor  shall  report  to  the  common  council  the 
amounts  paid  on  account  of  each  district,  separately,  and  the  assessors 
shall  be  instructed  to  assess  the  amounts  so  charged  to"  each  sewer  district, 
in  proportion  to  the  assessed  value  of  the  property,  as  a “special  district 
sewer  tax,  ’ ’ and  shall  charge  it  as  an  item  in  tlie  general  tax  liills  of  the 
next  fiscal  year  following  the  expenditure.  Whenever  district  sewers 
have  been  already  constructed,  the  common  council  shall  have  power  to 
assess  a special  tax  against  the  property  in  such  sewer  distriet,  in  iiropor- 
tion  to  the  value  thereof,  for  the  immediate  liquidation  of  the  bonded  debt 
and  interest  of  said  sewer  districts;  and  the  accounts  of  said  sewer 
districts  shall  thereafter  be  kept  in  accordance  with  the  provisions  of  this 
section:  ProvidefL  That  in  no  case  shall  a sewer  run  diagonally  through 
private  property  when  it  is  praeticable  to  construct  it  parallel  to  one  of  its 
frontlines;  and  a public  sewer  shall  not  be  constructed  through  private 
property  when  it  is  practicable  to  constrhct  it  in  the  adjacent  street. 

Sec.  15.  It  shall  not  be  lawful  for  the  board  of  common  council  to 
grade,  pave,  macadamize,  clean,  water  or  light  any  wharf,  street,  lane 
or  avenue,  not  established  and  opened  according  to  law  and  ordinance. 
It  sliall  be  lawful,  nevertheless,  for  the  council  to  order  the  owner  or 
OAvners  of  ground  fronting  on  any  private  alle\'  to  keep  the  same  clean, 
and.  if  necessary  thereto,  to  direct  him  or  them  "to  paAT.  the  same. 

Sec.  1G.  AVheneA^er  the  mayor  and  board  of  common  council  shall  by 
ordinance  estalilish,  open,  Aviden  or  alter  any  street,  lane,  aA’cnne,  alley 
or  Avharf,  or  public  square,  and  it  becomes  necessary  for  that  jiurpose  to 
take  priA^ate  property,  and  no  agreennmt  can  be  made  Avith  the  OAvner 
thereof,  the  corporation  shall  make  a just  compensation  therefor  to  the 
person  Avhose  property  is  so  taken,  the  amount  Avhereof  shall  be  ascer- 
tained as  folloAvs,  to- wit  : The  mayor  shall  petition  the  circuit  court  ot 
St.  Louis  county  in  term  time,  or  the  judge  thereof  in  A^acation,  setting 
forth  in  his  petition  the  particular  description  of  the  property  sought  to  be 
condemned  for  public  use,  and,  so  far  as  knoAvn,  the  naine  or  names  ot 
the  OAvners  or  claimants  thereof,  and  stating  foi-  Avhat  puriiosc'  the  said 
private  property  is  sought  to  be  condemned;  Avhether  for  establishing 
ojiening,  Avidening  or  altering  a street,  lane,  aAenne,  alley,  Avharf  or 
iniblic  s(]uare,  and  praying  the  court  or  judge  to  cause  damagi's  to  ])e 
assessed;  on  tlie  presentation  of  Avhich  petition,  it  shall  be  the  duty  of  the 
court  in  term  time,  or  the  judge*  in  vacation,  to  cause  the*  clerk  to  issue  a 
precept  to  the  sheritf,  requiring  him  to  summon  tAvehe  disinter(‘st('d  fr(*e- 
holders  of  the  city,  who  shall  attend  at  the  coin-t  house,  at  a time  to  be*  sjieci- 
tied  in  the  precept,  not  less  than  tiA-e  nor  more^  than  tAV(*nty  days  from 
the  date  thereof,  and  aa  Iio  shall  be  sAVorn  dilige'iitly  to  iiupiii-e,  and  a true 
assessment  to  make,  of  the  damages  to  be  sutf(*r(*d  by  the  owm'rs  of  the 
property  in  (pi(*stion,  a'ud  a triuf vi'rdict  to  rend(*r  ac'cordiiig  to  the  law 
and  th(‘'t(*stimouy . It  shall  b(*  the  duty  of  the  mayor,  at  h'ast  thri'i*  days 
before  said  jietition  is  pi-esented,  to  causi*  a notice*  in  Avritiiig  to  lx*  serv(*d 
on  each  of  the  owners,  if  knoAvn,  of  the  [iroperty  sought  to  Ik*  cond(*nmed. 


131 


A]M ENDED  CITY  CnARTER. 

/ 

the  limo  and  place  at  M’hieli  said  piditioii  will  be  presented.  If 
the  oVviiei-s,  or  any  i)a,rt  of  them,  are  not  known  to  the  inayoi-,  lui  shall 
cause  such  notice  to  he  puhlislied  in  at  least  two  dailj^  newsi)apers  printed 
in  the  city  of  St.  J^ouis,  which  notice  shall  he  pul)lished  at  least  six  days 
before  said  i)etition  is  presented.  In  vacation,  it  shall  he  the  duty  of  the 
judii*e  to  attimd  at  the  time  desi«-nated  for  such  inquest,  together  with  the 
clerk  of  said  court,  and  the  judge  shall  preside  at  the  same,  and  shall 
cause  a i-ecord  to  he  made  of  the  said  proceedings.  Either  party  may 
except  to  any  ruling  of  the  judge  or  court,  as  in  ordinary  trials,  and  may 
in  like  manner  appeal  from  his  decisions  to  the  supreme  court.  Continu- 
ances to  a day  not  more  than  twenty  days  distant,  or  new  trials,  may  be 
granted,  for  good  cause,  as  in  other  actions;  and  the  proceedings,  as  near 
as  ma}'  he,  shall  conform  to  the  proceedings  in  ordinary  suits.  Judg- 
ment "shall  he  entered  against  the  city  in  favor  of  the  several  owners, 
respectively,  for  the  damages  assessed  by  the  jury,  upon  which  judgment 
execution  shall  issue,  as  in  other  cases,  at  the  end  of  ninety  days  from  the 
date  of  the  judgment.  The  ollicers  of  the  court  shall  he  entitled  to  the 
same  fees  as  for  like  services  in  other  cases. 

Sec.  17.  In  all  cases  of  condeumatioii  of  property  for  public  use,  the 
mayor  may  allege  in  his  petition  that  the  property  sought  to  he  coii- 
deiiined  of  right  belongs  to  the  city  and  not  to  the  claimant;  and  if  such 
allegation  is  "made,  then  the  court  or  judge  shall  first  lu’oceed  to  try  the 
question  of  title  between  the  city  and  the  claimant;  and  if  the  title  to  all  or 
any  part  of  the  land  is  decided  to  he  in  said  claimant  or  claimants,  then 
the  jury  shall  assess  the  damages  sustained  h.y  said  claimant  or  claimants, 
as  in  other  cases,  to  the  extent  to  which  they  shall  appear  to  he  entitled 
by  the  linding  upon  the  lirst  issue. 

Sec.  18.  IV^hen  the  owners  of  the  major  part  of  the  front  of  all  the 
property  ou  the  street,  lane,  avenue  or  alley,  proposed  to  he  opened, 
widenecl  or  altered,  shall  petition  therefor,  the  city  council  may  provide, 
by  ordinance,  for  the  opening,  widening  or  altering  of  the  same;  hut  they 
inaj'  pi-<*scrihe  sucli  conditions  to  he  complied  with  by  the  petitioners  as 
the  council  shall  consider  just  and  reasonable,  and,  if  assented  to  l)y  the 
petitioners,  the  mayor  shall  proceed  as  in  other  cases. 

Sec.  lb.  The  mayor  and  city  council  shall  have  power,  by  ordinance, 
to  levy  and  collect  a si)ecial  tax  on  the  owners  or  occupiers  of  the  lots  on 
any  sti-eet,  lane,  or  avenue,  according  to  the  respective  fronts  owned  or 
occui)ied  by  them,  for  the  piuqjose  of  grading  or  })aving  the  sidewalks  ou 
such  street,  lane,  or  avenue:  Provided,  The  said  si)ecial  tax  shall  not 
exceed  the  cost  of  such  grading  or  paving,  according  to  the  respective 
trouts  as  aforesaid:  Ayul  provided  further,  T’hat  no  such  improv(mient 
shall  h(;  ordered  until  tin*  street  in  front  of  such  imi)rovenient  shall  have 
lirst  been  planked,  jjaved  or  macadamized  in  the  center  thereof. 

Sec.  20.  In  addition  to  the  powei-s  given  to  the  mayor  and  city  council 
of  St.  Tjouis  by  tlui  s(;veral  acts  incorporating  said  city,  and  the  several 
jwts  amendatory  of  and  sui)plementary  to  the  same,  the  mayor  and  hoard 
of  common  council  shall  have  power  to  i)rovide  for  and  I’egulate  the 
inspection  of  beef,  ])ork,  nu*al  and  tlour,  in  barrels,  hogsheads  or  other 
V(‘ssels;  also,  to  ])rovide  for  and  r(*gulate  the  ins])ection  and  guaging  of 
oils,  molasses,  syrup,  whisky,  alcohol,  and  other  si)irituous  liquors,  as 
W(*ll  as  vinegar  and  wine,  in  harnds,  half-barrels,  tierces,  hogsheads, 
and  all  otlier  vessels:  Provided,  That  nothing  in  this  act  contained  shall 
he  so  eonstrued  as  to  authorize  the  inspection  of  any  article,  enumerated 
ill  this  act,  which  is  to  he  shipped  beyond  the  limits  of  this  State,  except 
at  the  napiest  of  the  owner  or  owners  of  such  article. 

Sec.  21.  The  city  shall  have  power  to  make  all  needful  laws  and  regu- 
lations to  secure  the  general  Inailth  of  the  inhabitants  of  said  city,  and  to 
lirevent,  remove,  and  abate  all  nuisanees;  also,  to  constitute  aboard  of 
liealth,  to  consist  of  live  numihers,  who  sliall  he  ehicted  by  the  common 
council,  and  hold  tludr  ollices,  respectividy , for  the  term  of  one  year; 
said  members  to  h(‘  elected  from  the  memb(‘rs  of  the  common  coiincil. 
Said  ])oard  shall  pei'form  such  duties,  and  ivceive  such  compensation,  as 
may  be  prescribed  by  ordinance:  Provided,  however,  The  health  otlicer 


132 


HOUSE  OF  EEFUGE. 


sliall  be  ex-officio  a member  of  said  board,  l)ut  shall  receive  no  additional 
compensation  for  liis  services  as  such  niem]>er. 

Sec.  22.  To  open,  alter,  abolish,  widen,  extend,  establish,  o’rade, 
pave,  or  otherwise  improve,  clean,  and  keep  in  repair,  streets,  avenues, 
lanes  and  alleys,  wharves  and  public  grounds,  and  squares;  ])ut  the 
mayor  and  city  council  shall  not  establish  nor  open  a street,  lane,  avenue, 
or  alley,  through  the  grounds  Ijing  and  being  situated  between  Ninth 
street  and  Eleventh  street,  and  Washington  avenue  and  Green  street, 
without  the  written  consent  of  the  proprietors  of  the  St.  Louis  University, 
so  long  as  the  building  now  used  as  a university  remains  erected  thereon. 

Sec.  23.  In  the  event  of  an  alteration  of  "any  established  grade  of 
street  or  alley,  the  city  shall  l)e  liable  for  all  damages  resulting  from  such 
change  of  grade,  the  damage  to  be  assessed  by  a jury  impanneled  for  that 
purpose  by  any  court  of  proper  jurisdiction.' 

Sec.  24.  The  city  shall  have  power  to  regulate  and  prescribe  the  man- 
ner, and  order  the  building,  of  paitition  and  parapet  walls,  and  of 
partition  fences . 

Sec.  25.  A concurrent  vote  of  two-thirds  of  all  the  members  elect  of 
the  common  council  shall  be  necessary  to  ])ass  a tax  bill,  bills  appro- 
priating money  for  any  purpose,  and  bills  in  anywise  increasing  or 
diminifdnng  the  city  revenue. 

Sec.  26.  Upon  the  passage  of  all  bills  appropriating  money,  or  bills 
imposing  taxes,  lessening  or  abolishing  licenses,  the  yeas  and  nays  shall 
be  entered  upon  the  journals. 

Sec.  27.  No  officer  of  the  city  shall  be  interested  in  any  contract  under 
the  city,  directly  or  indirectly,  in  any  manner  whatever,  and  any 
appointed  officer  becoming  so  "interested  shall  be  dismissed  from  office 
immediately  by  the  mayor;  and,  on  the  mayor  being  satisfied  that  any 
elective  officer  is  so  interested,  he  shall  immediately  suspend  said  officer 
and  report  the  facts  to  the  board  of  common  council,  whereupon  the 
board  shall,  as  soon  as  practicable,  meet  to  hear  and  detei’inine  same, 
and  if,  by  a two-third  vote,  he  l)e  found  so  intere  sed,the  shall  be  imme- 
diatelj"  dismissed  from  such  office.  No  officer  shall  hold  two  appoint- 
ments under  the  city  government. 

Sec.  28.  All  acts  and  parts  of  acts  inconsistent  with  and  repugnant  to 
this  act  are  hereby  repealed.  This  act  to  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved,  March  14,  1859. 


AN  ACT 


amendatory  of  an  act  entitled 

REFUGE  IN  ST.  LOUIS  COUNTY/ 


AN  ACT  TO  ESTABLISH  A ROUSE  OP 
APPROVED  FEBRUARY  28,  1855 


Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

Secton  1.  That  the  sixth  section  of  the  act  whereof  this  is  amenda- 
tory be,  and  the  same  is  hereliy,  repealed. 

Sec.  2.  That  the  eighth  section  of  the  act  whereof  this  act  is  amenda- 
tory lie,  and  the  same  is  hereby,  amended,  to  read  as  follows:  “All 
males  under  sixteen,  and  all  females  under  fourteen,  years  of  age,  in  St. 
Louis  county,  charged  with  any  crime  or  misdemeanor,  or  punishable  by 
imprisonment,  shall  be  entitled  to  and  have  a private  examination  and 
trial,  to  which  only  the  parties  to  the  case  shall  be  admitted,  unless  the 
parent,  guardian,' or  person  having  its  charge,  shall  demand  a public 
trial. 

Sec.  3.  The  officer  or  officers  before  wbom  the  trial  shall  be  lic'ld  shall 
ascertain  from  the  witnes.ses,  and  shall  state  in  the  commitment,  the 
religious  persuasion  of  the  child,  or,  if  too  young,  its  ])areuts;  and  no 
child,  committed  by  compulsory  process  to  the  house  of  refuge*,  shall  be 
ai)prenticcd  by  the  board  of  managers  to  a person  of  a dilfercnf  ivligious 
persuasion  from  tliat  stated  in  the  commitment. 


HOUSE  OF  REFUGE. 


133 


Sec.  -1.  'That  section  fourteen  of  tlie  act  of  which  this  is  amendatory 
sliall  ])(',  and  the  same  hereby  is,  anuaided,  l)y  strikin<^  out  theretVom, 
wliere  they  occur,  the  words*“as  provided  for  in  section  sixtli  of  this 
act.'’ 

Sec.  5,  ddiat  every  commitment,  in  pnrsnance  of  the  fourteenth  section 
of  this  [tlie]  act  of  which  this  act  is  amendatory,  sliall  he,  for  tlie  tirst 
commitment,  for  a term  not  exceeding-  one  3X‘ar,  and,  for  the  second,  not 
exceeding-  two  j'ears,  adding  a limit  of  a 3-ear  for  ever3^  subseipient  com- 
mitment'; and  ever3'  commitment,  in  imrsnance  of  section  three  of  the  act 
of  which  this  is  amendator3-,  shall  he  for  a period  of  not  more  than  live 
years;  and  the  provision  in  the  section  of  Avhich  this  is  amendator3-,  that 
it  shall  lie  until  “reaching-  the  age  of  twent3--one  3-ears,”  is  hereb3" 
repealed . 

Sec.  G.  In  all  cases  an  appeal  ma3'  be  taken , at  an3-  time  within  ten  da3-s 
after  the  commitment  of  the  child',  113-  its  parent,  guardian,  or  ])erson 
having  its  charge;  and  such  appeal  min-  be  taken  at  an3-  time  within  six 
months  after  the  date  of  such  commitment,  if  personal  service  of  the  pro- 
ceeding whereon  said  commitment  is  founded  liave  not  been,  b3^  notice  of 
the  time  and  place  of  ti-ial,  given  to  the  parent,  guardian , 'or  person 
liaA-ing  charge  of  the  child. 

Sec.  7.  Such  appeal  shall  be  perfected  113-  tiling,  in  the  clerk’s  office  of 
the  St.  Louis  criminal  court,  an  affidavit  of  the  child,  or  of  the  person 
entitled  to  notice,  under  the  preceding  section,  within  the  time  prescribed; 
and.  if  the  affidavit  lie  not  tiled  within  ten  days  after  the  commitment,  it 
must  state  that  it  Avas  made  Avithin  tAA-ent3-  diu-s  after  the  knoAvledge  of 
'^uch  commitment  came  to  the  alliant.  or  good  cause  shoAvn  Avh3-  it  Avas  not 
made  Avitliin  twenty  da3-s.  Every  affidavit  shall  state  that  the  appeal  is 
not  taken  for  vexation  or  dela3%  I'mt  because  he  is  aggrieved  113-  tlie  judg- 
ment; and.  on  sucii  affidavit  being  tiled,  the  St.  lamis  criniinai  court  shall 
hear  and  determine  the  cause,  as  all  other  appeals  from  justices  of  the 
pcaice . 

Sec.  S.  The  board  of  managers  shall  have  no  power  to  apin-entice  an3- 
child  committed  to  the  institution,  except  Avhere  the  child  has  been  volun- 
taril3-  surrendm-ed  113-  its  parents,  and  its  consent  to  such  apprenticeship 
given,  01- where  the'iiarent,  guardian,  or  iierson  having-  charge  ot  sucli 
child,  has  no  legal  capacity  to  give  consent,  or  wliere  he  or  slie  have  Avill- 
fully  abandoned  his  or  her  family  for  six  months  Avithout  making-  suitable 
pi-ovision  for  them,  or  become  an  habitual  drunkard,  or  a common  pros- 
titute, or  keeiier  of  a baAvd3-- house,  or  house  of  resort  for  prostitutes,  or 
house  of  assignation;  or  the  child,  with  the  consent  or  knoAvledgi' of  its 
parent,  guardian,  or  person  having  its  charge,  remain  in  any  such  house. 

Sec.  !).  Facts  of  such  incajiacity,  drunkenness,  oi- otlun- cause,  in  pre- 
ceding section  mentioned,  must  be  decided  lyy  the  verdiet  of  a jury  of 
twelve  persons,  and  nia3-  be  tried  befoi-e  any  (of  the)  ])erson  or  iiersons 
authorized,  by  siiction  fourteen  of  the  act  of  which  this  is  amendatory,  to 
(aminiit  a child  to  the  house  of  refuge;  and  a certitiiMl  cop3'  of  tlu^  record 
of  in-oireedings  must  be  Hied  with  the  commitment  of  tlu^  child,  and  an 
abstract  thereof  endors(;d  in  the  article  of  indenture,  stating-  the  cause, 
and  also  the  pm-son  or  jiersons  before  whom  tried. 

Sec.  10.  Wheri'A^er  occur  the  Avords  “or  person  having  its  chai-ge,” 
the3-  shall  be  intm-preted  to  mean  Avhere  there  is  no  jiarent  or  guardian,  or 
Avhere  the  ])arent  or  guardian  luiAai  [has]  surrender(*d  to  such  person  the 
control  and  charge  of  t he  (;hild. 

Sec.  11.  No  aiiprenticeship  of  aiiA-  child  authorized  113-  this  act  shall 
bar  any  right  of  appeal  granted  h(M-(‘i'n;  but,  if  such  appeal  be  sustained, 
the  indentures  shall  be  null  and  void. 

Sec.  12.  Any  child  committed  to  the  house  of  refugi;,  may  be  dis- 
chargiMl  1)3-  the  mayor  of  tlu'  city  of  St.  Louis,  and  113-  such  other  persons 
or  officers  as  may  be  authorize(ri)3-  the  b3'-laws  of  the  institution. 

Sec.  1:L  Nothing  in  this  act  shall  be  so  constriUMl  as  to  authorize  the 
binding  out  of  an3-  juA-enih;  deliiHiuent  to  a non-resident,  01-  the  employ- 
ment of  such  didiiKpient  Avithout  the  State  of  Missouri. 

This  acT  to  take  etfect  from  and  aft(*r  its  passage. 

Aiiproved,  March  14,  I80I). 


131 


OBSTEUCTIONS  TO  XAVIGATION,  ETC. 


AN  ACT 

TO  EXABLE  THE  CITY  OF  ST.  LOUIS  TO  APPROPRIATE  MONEY  TO  AID  IN  PRE- 
SERVING THE  NAVIGATION  OF  THE  MISSISSIPPI  RIVER. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  folloios : 

Section  1.  The  common  council  of  tlie  citj^  of  St  . Louis  may  appro- 
priate and  pay  an  amount  of  mone}",  not  exceedin;^*  ten  thousand  dollars, 
to  assist  in  defraying  the  expenses  of  any  suit  or  suits  having’  in  \t(‘\v  the 
prevention  or  removal  of  any  artificial  obstructions  to  the  luiA  iyation  of 
the  3Iississippi  river,  and  may  charge  the  same  to  the  contingent  fund  or 
the  harbor  fund . 

This  act  shall  take  effect  immediately  upon  its  passage. 

Appi-oved,  January  4,  1800. 


AN  ACT 

CONCERNING  STREET  RAILROADS  IN  THE  CITY  OF  ,ST.  LOUIS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missoui'i,  as  follows : 

Section  1 . The  St.  Louis  Railroad  Company , the  Missouri  Railroad  Com- 
pany, the  Peoples’  Railway  Company,  and  the  Citizens’  Railway  Com- 
pany, as  heretofore  organized  under  the  “Act  to  authorize  the  formation 
of  railroad  associations,  and  to  regulate  the  same.”  approved  December 
13th,  1855,  are  hereby  ratified  and  conlirmed  in  their  respective  rights 
under  said  law,  ami  the  roads  now  built  oi'  commenced,  and  the  guage  of 
track  established  by  said  companies  is  sanctioned,  and  said  guage  of  four 
feet  ten  inches  is  hereby  recognized  as  the  legal  guage  of  all  oilier  street 
railroads  that  imi}"  he  hliilt  in  the  city  or  county  of  St.  Louis;  said  com- 
panies shall  conform  to  and  be  governed  liy  said  law  concerning  railroad 
associations,  except  as  follows:  Firsts  said  companies  shall  not  he  reipiired 
to  carry  freight;  second^  the  report  made  to  the  city  comptroller  shall  be  in 
lieu  of  ' the  annual  report  required  to  be  made  to  the  Secretaiy  of  State 
liy  the  laws  under  Avhich  said  companies  organized. 

Sec.  2.  The  rights  confirmed  to  said  companies  shall  not  extend  to  or 
authorize  the  building  by  them  of  any  road  or  roads  on  Clark  avenue, 
Chesnut  street.  Pine  street.  Locust  street,  or  Washington  avenue,  which 
streets  are  hereby  reserved  from  such  use,  and  all  railroad  tracks  are  for- 
ever prohibited  on  the  streets  named  in  this  section;  and  in  lieu  of  the 
track  on  Pine  street,  the  Missouri  Railroad  Company  may  run  the  cars  of 
their  road  on  Eleventh  and  Renton  streets,  over  the  Olive  street  road,  and 
the  Citizens’  Railway  Company  may  run  the  cars  of  their  roads,  heretofore 
authorized  by  the  council,  in  connection  with  ACashington  avi'iiue,  over 
their  iMorgan  street  road;  and  said  companies  may  each  consti-iict  two 
additional  switches,  and  a side  track  not  exceeding  one  hundred  and 
seventy  feet  in  lengtli,  to  enable  the  cars  to  so  run  on  Olive  and  Morgan 
streets;  the  switches  on  Morgan  street  may  be  east  of  the  double  track 
contemplated  to  be  built. 

Sec.  3.  No  street  railroad  shall  hereafter  be  constructed  in  the  city  of 
St.  I.ouis  nearer  to  a pamllel  road  than  the  third  parallel  street  from  any 
road  now  constructed,  or  which  may  hereafh'r  be  coiistrucfiMl,  except  the 
roads  hei-einbefore  mentioned;  anil  in  consideration  of  the  ])rivileges 
herein  granted,  the  city  of  St.  Louis  is  hereby  expressly  emiiowercd  to 
inqiose  and  levy  such  tax  and  license  upon  said  roads  now  constructed , or 
that  may  hereiifter  be  constructed,  as  the  common  council  of  said  city 
may  dehn’mine  to  lx;  just  and  propiu*,  and  the  said  city  may  maki;  siuii 
mu'nicipnl  regulations  concerning  said  street  railroad  as  the  public  interest 
and  convenience  may  re([uii-e,  exc(‘pt  to  redu(*e  tlx;  rate  of  lari'  charged  by 
said  companies  as  now  fixed  liy  ordinance  of  the  city  of  St.  Louis. 

Sec.  4.  Any  comjiany  now  using  a singh;  track  road,  with  turnouts 
upon  any  street  or  part  of  street,  may  change  the  same  to  a double  track 


STIIEKT  RAILlfOADH. 


]:jr) 

at  any  time,  provided  they  sliall  lii-st  obtain  tlu^  consent,  in  w ritino-.  of 
tlie  owners  of  a majority  in  intei-c'St  of  the  projK'i-ty  fronting  on  the 
street  or  i)art  of  street  desired  to  l)e  so  ehano’ed.  But  this  provision  sludl 
not  api)ly  to  tliat  part  of  Olive  strc'et,  between  Fourth  andTwelfth  stivets, 
unless  the  majority  in  interest  of  that  i)art  of  tli(‘  strec't  give  their  written 
consent  that  a double  track  may  be  constructed  on  sliid  part  of  01iv(‘ 
street. 

8kc.  5.  The  St.  Lonis  Railroad  Com])any  may  extend  their  road  north 
I’roni  Salisbury  street,  along  Broadway  andBeilefontaine  road,  to  the  city 
limits,  and  may  further  extend  the  same  to  the  Bellefontaine  cemetery 
and  the  Calvary  cemetery,  and  south  from  Gate  street,  along  the  Caroii- 
delet  road,  to  the  city  limits,  and  may  further  extend  said  road  through 
the  St.  Lonis  commons  to  or  through  the  cit}'^  of  Carondelet,  provided 
that  before  such  extension  is  made  tlirough  any  road  or  aveuiie  outside 
the  cities,  the  consent  of  the  board  of  county  commissioners  shall  be 
obtained,  and  the  consent  of  the  city  council  of  Carondelet  shall  be 
obtained  before  running  through  any  street  of  that  city. 

Sec.  G.  The  St.  Louis  Railroad  Company  may  build  a branch  road  to 
the  fair  grounds,  along  Bremen  avenue  and*  other  connecting  streets,  or 
by  such  other  route  as  they  may  select,  by  the  consent  of  tlie  .common 
council,  after  first  obtaining  the  consent  of  a majority  in  interest  of  the 
property-holdei-s  on  the  route  selected;  and  the  Missouri  Railroad  Com- 
pmiy  may  build  a branch  road  from  tlieir  terminus  on  Benton  street,  at 
Eigliteenth  street,  to  the  fair  grounds,  l)y  such  route  as  they  may  select, 
provided  the}"  tirst  olitaiii  the  written  coi'iseiit  of  the  majority  in  interest 
of  the  property-holders  on  the  route  selected;  and  the  lVoi)ies’  Railway 
Company  may  extend  their  road  from  St.  Ange  avenue,  along  Chouteau 
avenue,  to  the  point  where  the  Racilic  railroad  crosses  said  Chouteau 
avenue,  jirovided  the  same  is  constructed  within  two  years  after  the 
passage  of  this  act;  and  the  Missouri  Railroad  Company  niay  extend  their 
road  from  the  Junction  of  Olive  sti*eet  and  Grand  avenue  to  the  king's 
highway,  with  the  consent  of  the  property-owners  where  the  road  runs. 

Sec.  7.  The  privileges  heretofore  granted  by  the  city  of  St.  Louis  to 
Stephen  I).  Barlow,  dames  B.  Eads,  F.  T^.  Ridgeley,  and  th(*ir  asso- 
ciates, nndei’the  iiaimi  of  the  Com[)ton  Hill  Railroad  Ckimpany.  are  hereliy 
conlirmed,  [irovided  they  shall  oi'g’anize  and  commeiK.-e  their  road  within 
six  months  after  Lafayette  avenue  is  gi-aded,  and  coinjilete  the  same 
within  twelve  months  thereafter  to  Grand  avenue,  and  said  company 
may  extent  their  road  w<3st  to  Shaw’s  botanical  garden. 

Sec.  8.  The  Gravois  Railroad  Company,  as  authorized  by  tbe  common 
council  of  St.  Lonis,  may  construct  their'road,  lyromdul  they  will  connect 
the  same  with  the  St.  Louis  railroad  oi-  the  Feoples’  railway,  at  a i»oint 
on  or  south  of  Park  avenue;  provided  fariher ^ that  said  road  is  coni- 
mencetl  within  six  months,  and  completed  within  two  3"ears. 

Sec.  0.  Said  railroad  companies  shall  not  be  liable  tbr  injuries  to  per- 
sons occasioned  by  their  getting  on  or  otf  the  cars  at  the  front  or  forward 
end  of  the  cai-. 

Sec.  10.  Nothing  in  this  act  shall  be  construed  as  authoirzing  the 
Citizens’  Railway  Company  to  construct  a doubh;  track  road  on  Fraid<lln 
avenue  without  the  writhm  consent  of  a majority  in  interest  fronting  that 
portion  of  the  street  where  such  double  track 'may  run. 

This  act  shall  take  elfect  and  be  in  force  from  amrafter  its  passage*. 

A[)proved,  dannary  IG,  18G0. 


I,  B.  F.  Massey,  Seerc'tary  of  State,  do  In^reby  certify  that  the  ab<)v<' 
and  for(‘going  a(‘t  entitled  ‘’An  act  concerning  stre'ct  raih-oads  in  the  city 
of  St.  Ijoiiis,”  is  a tiaie  and  correct  coi)y  of  the  original  roll  of  said  law 
now  on  tile  in  this  ollice. 

Ix  TESTIMONY  wiiEUEOF,  I hav(?  iK'ivto  sot  my  hand  and  caused  to  l)e 
r n allixed  the  seal  of  oHier.  Done  at  the  ollice  of  the  Secretary  of 
State,  in  the  citj'  of  delferson,  this  nineteenth  of  .January,  A.  I). 
18G(). 


B.  .E.  MASSEA,  Secretary  of  State. 


136 


INGORrOKATING  THE  CITY. 


AN  ACT 

SUPPLEMENTARY  TO  THE  SEVERAL  ACTS  INCORPORATING  THE  CITY  OF  ST. 

LOUIS. 

Be  it  enacted  by  the  General  Assembly  of  the  Sfute  of  Missouri^  as  follows : 

Section  1 . The  cost  of  the  paving,  iiiacadaniiziiig,  or  otherwise  iniprov- 
iiig,  eoiistructing,  reconstriictiHg,  and  repairing  all  streets,  alleys,  and 
other  highways  in  the  city  of  St.  Louis,  which,  under  existing  laws, 
is  chargeahle  to  the  property  adjoining  or  in  the  vicinity  of  such  work, 
shall  l)e  charo  ed  and  collected  as 'hereinafter  jirovided. 

Sec.  2.  Whenever  any  of  the  above  mentioned  work  shall  have  been 
fully  completed,  under  authority  of  ordinances,  the  city  engineer,  or 
other  oliicer  having  charge  of  the  work,  shall  compute  the  cost  thereof, 
and  assess  it  as  a special  tax  against  the  adjoining  property  fronting  upon 
the  work  done;  and  each  lot  of  ground  shall  alsohe  charged  in  proportion 
to  the  frontage  thereof,  with  the  cost  of  constrncting,  reconstructing, 
and  repaiiang  the  intersections  of  the  next  adjoining  streets,  alleys, 
or  other  public  highways,  in  such  manner  as  the*  said  otlicer  shall  deem 
just  and  equitable."  The  said  olticer  shall  then  make  out  a certitied  hill  of 
such  assessment  against  each  lot  of  ground  chargeahle  with  the  work 
done,  in  the  nanie  of  the  owner  thereof;  said  certitied  hill  shall  he 
delivered  to  the  contractor  for  the  work,  who  shall  proceed  to  conduct  the 
same  by  ordinary  process  of  law,  in  the  name  of  the  city  of  St.  Louis,  to 
his  own  use;  and,  in  case  of  absent  owners,  he  may  sue  by  attachment, 
by  any  other  process  known  to  the  law;  and  each  certitied  bill  shall  be  a 
ifen  against  the  lot  of  ground  described  therein,  and  shall  be  at  interest  at 
the  rate  of  ten  per  centum  jier  aniinin,  troin  thirty  days  after  the  date  of 
its  issue  to  the  contractor,  and  if  not  paid  within  sik  months  after  its 
issue,  it  shall  bear  interest  from  the  date  of  its  issue  until  paid,  at  the  rate 
of  tifteen  per  centum  i)er  annum;  and  every  such  certitied  bill  shall,  in 
any  action  lirought  to  recover  the  amount  thereof,  ho.  ^rima  facie  evidence 
of  the  validity  of  the  charge  against  the  i)roperty  therein  described,  and  of 
the  liability  of  the  person  therein  named  as  the  owner  of  such  property. 
The  city  shall  not  be  liable,  in  an}*  manner  whatever,  foi-,  or  on  account 
of,  any  work  done,  ajid  which  is  to  be  paid  for  in  the  manner  provided  in 
this  section. 

Sec.  3.  The  provisions  of  an  act  entitled  “An  act  supplementaiy  to 
the  several  acts  to  incoriiorah^  the  city  of  St.  Louis,  aud  to  contimie  in 
force  the  law  commonly  known  as  the  new  limit  law,  as  it  now  exists,  ■ ' 
approved  March  lirst," eighteen  hundred  and  tifty-oiuc  are  hereby  con- 
tinued in  force  until  the  twelfth  day  of  April,  eighteen  hundred  aud  sixty- 
six:  Provided,  however,  That  if  all  tlie  streets  in  the  new  limits  of  any  town 
shall  hive  lieen  improved,  or  if  all  the  sti'cets  in  the  new  limits  of  any 
ward  shall  hereafter  be  improved,  before  tlie  expii-ation  of  said  ])eriod, 
then,  and  in  that  case,  the  ])rovisions  of  said  act  shall  cease  to  apply  to 
said  ward,  and  all  the  revenue  collected  in  said  w*ard  shall  remain  in  the 
general  fund  of  the  cit}*. 

Sec.  4.  Section  fonVteen  of  an  act  entitled  “An  act  amendatoiy  of. 
and  snpi)lementaiy  to,  the  several  a(‘ts  incoriiorating  the  city  of  St. 
Louis,”  ap])]‘Oved  March  14th,  185!),  is  hereby  amended  as  follows:  Add. 
afterwords  “until  jiaid.’’  in  the  twenty-nii'ith  line  of  section  niiudeen. 
following:  “And  every  such  certilied  bill  shall,  in  any  action  hronght  to 
recover  the  amount  thereof,  be  prima  facie  evidence  of  the  validity  of  the 
charge  against  the  jiroperty  th(*rein  descrilied,  and  of  the  liability  of  the 
per.son  tlierein  named  as  the  owikm-  of  such  ])roperty.  ’ ’ 

Sec.  5.  IVluau'ver  the  city  council  shall  providi;,  ly  ordinance,  for 
establishing.  o])ening,  widening,  oi-  altering  any  street,  av(‘mie,  alhy, 
wharf,  ()]■  public  S(inar(‘,  and  it  b(‘Com(‘s  nec(‘ssary,  for  that  iniiposic 
to  tak(*  ])i-ivat(*  ])r(‘p('rty,  and  no  agreement  can  lu^  made  with  the 
ownei’  or  owners  thei’cof,  just  compiMisation  shall  b(‘  mad(‘  thoiidbr  to 
th(*  ))erson  or  ])(M‘sons  whos(!  pio])ei1}'  is  so  talccn,  which  tlu*  land  (*om- 
missioners  shall  c:nise  to  be  asc(‘i-tain(‘d  by  a jmy  of  six  disintcav'sted 
frccholdci-s  of  the  city;  the  particulars,  of  wliich  piocec'ding  shall  b(‘ 
pi-cscribed  by  ordinance. 


INCOKPORATING  THE  CITY. 


137 


Sec.  (5.  The  Iniid  coimiiissioiier  shall  ai)i)oiiit  a day  for  iinpaiineliii^  a 
jury,  and  ascertaining  the  damages,  at  least  six  days’  notice  of  which 
shall  be  given  to  the  person  whose  ])roperty  is  proposed  to  be  taken; 
and,  if  any  of  the  owners  thereof  are  unknown,  or  can  not  be  fonml 
by  the  marshal  of  the  city,  or  are  absent  from  tlu*.  (dty,  (and  tlie  return 
of  the  marshal  shall  be  conclusive  as  to  the  facts  therein  stated,) 
l)nblication  thereof  shall  be  made  in  at  least  two  of  the  city  daily 
newspapers  for  at  least  four  ^\'eeks  before  the  da}'  appointed,  notifying 
all  owners,  and  others  interested  in  the  property  proposed  to  be  taken, 
that,  on  the  day  therein  named,  the  land  commissioner  will  cause  the 
pro])erty  therein  described  to  be  condemned  for  public  use  as  an  alley, 
street,  avenue,  wharf,  or  square,  as  the  case  may  be,  and  damages  to  be 
assessed  therefor  as  herein  i)rovided;  and  such  notice,  by  publication  as 
aforesaid,  shall  l)e  binding  upon  all  persons  whatsoever  having  any  inter- 
est in  any  property  that  may  be  charged  by  the  verdict  of  the  jury,  and 
with  the  payment  of  any  portion  of  the  damages  in  consideration  of 
benetits  to  be  derived  by  them. 

Sec.  7.  It  shall  be  the  duty  of  the  jurv,  first,  to  ascertain  the  actual 
value  of  the  land  proposed  to  be  taken  for  the  opening,  widening,  or 
altering  of  an  alley,  street,  avenue,  wharf,  or  public  squai-e,  without 
reference  to  the  proposed  improvement  there;  then,  fcrf  the  payment  of 
such  sum,  to  assess  against  the  city  the  amount  of  benefit  to  the  public 
generally,  and  the  balance  against 'the  owner  or  owners  of  the  property 
benetited  by  the  opening  of  such  alley,  street,  avenue,  wharf,  or  square', 
according  to  the  value  of  the  property  so  assessed,  ami  in  the  proportion 
that  sucli  property  may  be  respectively  benetited  liy  the  proiiosed 
imi)]-ovenients;  and  the  sum  or  sums  to  be  paid  by  the  owner  or  owners 
of  ])roj)erty  respectively  benelited  by  the  impi-ovement,  as  ascertained  by 
the  jury,  shall  lie  a lien  upon  the  property  so  charged,  and  shall  be 
collected  as  ])rovided  by  ordinance. 

Sec.  8.  The  land  commissioner  shall  have  power,  for  good  cause 
shown,  within  ten  days  after  an  impiest  shall  have  been  returned  to  him, 
to  set  tlie  same  aside  I'lnd  cause  a new  imjuest  to  be  made. 

Sec.  0.  If  the  verdu-t  of  the  jury  be  not  set  aside  by  the  land  com- 
missioner, it  shall  be  his  duty  within  one  month  to  re])ort  the  same  to  the 
council,  and  if  conlirmed  by  the  council,  an  appropriation  shall  be  made 
to  ])ay  such  sums  as  shall  be  assessed  against  the  city,  and  it  shall  then 
be  lawfnl  for  the  city  to  take  i)ossession  of  the  grounds  so  condemned  for 
])ul)lic  use;  but  if  not  conlirmed  by  the  council  within  two  months  after 
l)eing  rci)oi-ted  to  them  by  the  land  commissionei-,  all  the  i)ro(;eedings 
shall  be  void.  If  the  tith*  to  any  i)roi)ci-ty  ])roposcd  to  be  condemned  be 
in  controvei-sy,  nothing  shall  be  jtaid  therefor  until  the  right  to  the 
money,  asccntaimul  ])y  the  verdict  of  the  jury , is  determined  by  a court 
of  c()nq)etent  jurisdiction,  in  a suit  betweim  the  parties  res])ectively 
claiming  the  same;  none  of  tlu^  costs  of  which  litigation  shall  l)e  borne 
])y  th(‘  city,  unless  the  (*ity  be  one  of  tlu^  claimants;  and  during  such 
(;ontrovers}'  the  money  shall  remain  in  the  city  treasury. 

Sec.  10.  When  the  owners  of  the  major  part  of  the  trout  of  all  the 
property  on  the  street,  avenue,  alley,  or  wharf,  pr()i)osed  to  be  opened, 
wid(‘ned,  alt(*r(Hl,  or  estal)lish(Ml,  shall  p(‘tition  the  council  tln'refor,  the 
cit}'  council,  if  the  improveimmt  pj-oi)osed  by  tin*  petitionei-s  be  deemed 
ex])edient,  shall  provide  by  ordinance  for  the  opening,  widening,  or 
establishing  the  sanu*;  and  the  ])roceedings  for  tlui  comkmmation  of 
l)i‘0])ert}',  as  [)ro])osed  to  be  taken,  shall  in  other  r(*spects  be  conducted 
as  is  prescrilxHl  by  this  artichi  when  it  is  sought  to  condemn  property  for 
l)ublic  use  without  the  ])etition  of  tlie  pro])erty-holders,  l>ut  no  damages 
shall  be  award(*d  to  any  owner  so  petitioning. 

Sec.  11.  Whenever  any  oiu*  or  moi’e  of  the  oAvners  of  prop(‘rty  which 
it  may  be  necessary  to  take  for  ])ublic  use  in  the  ()])(“ning  of  any  street, 
av(*nu'<‘,  alley,  or  whaiT,  by  virtue  of  any  ordinances  of  the  city  of  St. 
Louis  oixming’  such  stixxd,  avemue,  alhsy,  or  Avharf,  shall  i)ropose  to 
relimpiish  such  pi-o])ei-ty  without  claim  of  damages,  on  condition  of 
exemption  from  })aym(M'it  of  benetits  foi-  furtlua*  opening  of  such  im- 
])rovements,  or  uixiii  other  conditions,  the  land  commissioner  shall  be 


138 


P ACIF IC  E AlTAlOAl ) . 


autliorized  to  eoniproiiiise  or  agree  witli  siicli  persons,  and  to  remit, 
abate,  and  exempt  them  from  the  payment  of  damages  in  eonsideration 
of  l)enetits,  wholly  oi’  partly,  as  equity  maj'  seem  to  reqnii-e,  and  ])roee(*d 
to  condemn  such  otlier  property  as  may  not  be  relinguislied  foj-  the  pur- 
pose,  and  to  assess  the  damao-es  and  benetits  thercdbr  to  and  upon  other 
pei'sons  as  may  be  damaged  or  benelited  by  such  improvement,  and 
report  his  proceedings  to  the  council,  anything  in  this  act  contained  to 
the  contrary  notwithstanding. 

Sec.  12.  "Judgments  against  the  city  on  account  of  the  damages  to 
private  parties  in  case  of  opening  streets  shall  not  be  considered  as 
ordinary  judgments,  but  such  shall  be  held  in  abeyance,  and  the  city 
shall  not  take  possession  of  the  ground  condemned  until  such  judgments 
shall  be  conlirmed  and  appropriations  made  to  pay  the  same  out  of  the 
general  revenue. 

Approved,  January  IG,  18G0. 


AN  ACT 

TO  AUTilORIZE  THE  CITY  OP  ST.  LOUIS  TO  AID  IX  THE  COMPLETION  OP  THE 
PACIFIC  RAILROAD. 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri^  as  foil ovjs  : 

Section  1.  The  city  of  St.  Louis  is  hereby  authorized  to  make  an 
additional  subscription  to  the  capital  stock  of  the  Pacific  Eailroad  to  the 
amount  of  live  hundred  thousand  dollars,  or  if  tlie  city  council  shall,  by 
ordinance,  so  determine  to  loan  to  the  Pacilic  Eailroad,  upon  such  time 
and  terms  as  the  best  interests  of  the  city  demand,  the  sum  of  live  hundred 
thousand  dollars;  the  said  subscription  or  loan  to  lie  upon  the  express 
condition  that  the  same  is  to  be  applied  solely  to  the  completion  of  the 
Pacilic  railroad  to  the  city  of  Kansas. 

Sec.  2.  If  the  city  of  St.  Louis  shall  make  either  the  siibsciiption  or 
loan  authorized,  thtni  the  city  of  St.  Louis  is  fully  authorized  by  ordi- 
nance to  provide  the  means  necessary  for  said  subscription  or  loan,  by 
causing  a tax  to  be  levied  on  all  proiierty  within  the  limits  of  said  city 
subject  to  taxation  for  city  purposes:  Provided^  That  the  tax  so  levied  shall 
not  in  any  one  year  exceed  the  rate  of  one-lilth  of  one  jier  cent.;  nor 
shall  any  such  levy  be  made  until  the  present  county  tax  to  pay  the  sub- 
scription to  the  cajiital  stock  of  the  St.  Louis  and  Iron  IMoiintain  and  the 
Nortli  Missouii  railroads  shall  have  been  linally  levied;  or  said  city  of  St. 
Louis  may,  liy  ordinance,  to  meet  said  subscription  or  loan,  cause  to  be 
issued  anil  delivered  to  the  Pacilic  Eailroad  the  bonds  of  the  city  of  .St. 
Louis,  in  amounts  of  one  thousand  dollars  each,  having  not  more  lhan 
twenty  years  to  run,  and  bearing  interest  at  the  rate  of  not  exceeding 
eight  per  cent,  jier  annum,  and  may,  by  ordinance,  provide  for  the 
prompt  payment  of  the  same. 

Sec.  3.  'The  city  council  of  the  city  of  St.  Louis  shall,  by  ordinance, 
provide  for  the  sulimission  of  the  question  whether  such  loan'or  subscrip- 
tion, above  provided  to  be  made,  shall  be  made  or  not,  to  the  qualilied 
voters  of  the  city  of  St.  Louis,  before  the  same  shall  be  made;  and  if  a 
majority  of  the  voters  of  said  city  shall  vote  for  said  loan  or  subscriidioii , 
the  said  subscription  or  loan  shall  be  made;  but  if  a majority  of  tin*,  voters 
of  the  city  of  St.  Louis  shall  vote  against  said  siiljscrip'tion  or  loan,  tluui 
the  city  of  St.  Louis  shall  have  no  power  to  make  such  subscri])tion  or 
loan. 

This  act  is  hereby  declared  to  be  a public  act,  and  shall  take  elh'ct  and 
be  in  foi-ce  from  and  after  its  jiassage. 

Ai)proved,  March  30,  18G0. 


1‘0 L I CE  COiM M I SS I( )NE PvS . 


13U 


AN  ACT 


CREATING  A BOARD  OF  POLICE  COMMISSIONERS,  AND  AUTHORIZING  THE 
APPOINTMENT  OF  A POLICE  FORCE,  FOR  THE  CITY  OF  ST.  LOUIS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follov)s : 

Section  1.  The  conunoii  council  of  the  city  of  St.  Louis  iiiny  pass 
ordinances  for  preserving-  order,  securing-  property  or  iiersons  from 
violence,  danger,  or  destruction,  jirotecting  public  and  private  property, 
and  for  promoting  the  great  interests,  and  insuring  the  good  governmeiit, 
of  tlie  city;  but  no  ordinance  hereliy  passed,  or  that  ma}"  liereafter  be 
passed,  by  the  common  council  of  St.  Louis,  shall  in  nny  manner  conflict 
or  interfere  M’itli  the  powers,  or  the  exercise  of  the  powers,  of  the  board  of 
l)oli(*e  commissioners  of  the  city  of  St.  Louis,  as  hereinafter  created;  nor 
shall  the  said  city,  or  any  otheiu-  or  agent  of  the  corporation  of  said  city, 
or  the  mayor  thereof,  in  any  manner  impede,  obstruct,  hinder,  or  inter- 
fere with,  the  said  board  of  police,  or  any  otticer,  or  agent,  or  servant, 
thereof  or  thereunder. 

Sec.  2.  So  much  of  the  city  charter  and  ordinances  as  authorize  the 
mayor  and  common  council  to  appoint,  pay,  and  arm  the  police  of  said 
city,  and  protect  tlie  said  police  in  the  discharge  of  theii'  duty,  be,  and 
the  same,  are,  hereby  repealed. 

Sec.  3.  There  shall  be,  and  is  hereby,  established,  within  and  for  the 
city  of  St.  Louis,  a board  of  police,  to  lie  called  ‘■‘•The  Police  Commis- 
sioners of  the  City  of  St.  Louis,”  to  consist  of  four  commissioners,  as  is 
hereinafter  provided,  together  with  the  mayor  of  said  city  for  the  time 
being,  or  whosoever  may  be  lawfully  acting-  in  that  capacity.  The  said 
commissioners  shall  be  citizens  of  the  State  of  Missouri,  and  shall  have 
been  residents  of  the  city  of  St.  Tmuis  for  the  period  of  three  years  next 
preceding  their  aiiiiointment.  Thev  shall,  exceid  as  hereinafter  sjjecitied, 
hold  their  otlices  for  four  years,  and  until  their  respective  successors  shall 
have  been  appointed  and  (pialitied,  and  shall  receive  each  a salary  of  one 
thousand  doliai-s  iier  annum,  jiayable  quarterly,  liefore  entering  on  the 
duties  of  their  said  otlice,  the  said  commissioners  and  tlu^  said  mayor  shall 
take  and  subscribe,  liefore  the  judge  of  tlu'  circuit  court  of  St.  Louis 
county,  or  the  clerk  thereof,  the  oath  or  allirmation  ])res(a-ibed  by  the 
constitution  of  the  State,  of  ^Missouri ; and  shall  also  take  and  subscribe, 
before  the  same  judge  or  clerk,  the  further  oath  or  allirmation  that,  in 
any  and  (!V(“ry  aiipointment  or  removal  to  be  by  them  made  to  or  from  the 
jiolice  force,  created  and  to  be  organiz(*d  by  them  under  this  act,  tlu'y 
will,  in  no  (aise,  and  und(*r  no  pretext,  appoint  or  ri'inovc:  any  policimian. 
or  ollicer  of  ])olice,  or  other  person  under  them,  for  [or]  on  ai.-coimt  of 
the  jiolitical  opinions  of  such  ])oliceman,  ollicer,  or  other  ])erson,  or  for 
anj'  other  cause  or  reason  than  foi-  tlu;  titness  or  unfitness  of  fsuch  person, 
in  the,  best  judgment  of  the  said  commissioners,  for  the  place  to  which  he 
shall  b(^  ai)])ointe(l,  or  from  whiidi  lu*  shall  Ih;  removiid.  The  said  oaths 
or  allirmations  shall  be  recorded  and  i)r(‘S(u-v(*d  among  the  records  of  said 
circuit  court.  One  of  their  own  number  shall,  from  time  to  time,  b(‘, 
appointed,  by  said  commissioners,  treasurer  of  said  board  of  police;  and 
his  apiiointment,  when  made,  shall  be  c(*rtilied  to  the  clerk  of  th(^  circuit 
court  of  th(!  county  of  St.  Louis,  under  the;  seal  of  said  lioard.  Said 
treasurer  shall  hold  his  ollice  for  such  term  as  may  lx;  d(‘signat('d  liy  tin; 
commissioners,  who  may  remove  him  at  pleasure;,  and  shall  be  entitled  to 
additional  comiKuisation,  at  the  rate*  eif  live  himelreel  eleillars  ])er  annum, 
fen-  aeiing-  in  that  e-apae-itv.  Ih'tbre  he;  ente*rs  ein  the  eluties  e)f  his  efllice  as 
tr(*asnrer,  he  shall  give*  be)nel  te)  the  State*  e)f  IMisseiuri,  with  eine  eer  me)re 
securities,  in  the;  ])e*nally  eef  fifty  theeiisanel  eleellars,  e-einelitieined  tor  the 
faithful  elisefliarge;  eef  his  ehitie*s  as  treasure'r  eif  the  boarel  e)f  pe)lie;e;,  anel  for 
the  faithful  aiiplicatiein  anel  payment  e)ve;r,  pm-suant  te)  the  e)rele;r  anel  elii-e*c- 
tion  e)f  said  ieeearel,  eef  all  me)ne*ys  whie-h  may  e*ome;  te)  his  hanels  as  ti‘e*as- 
iirer.  The;  bonel  e)f  the*  treasurer  shall  be  approve'd  by  the  jnelge*  e)f  the 
circuit  etonrt  e)f  the*  e-nnnty  e)f  St.  Leeuis,  anel  shall  be  ele*livere*el  te)  anel 
safely  ke*pt  by  the  tre*asurer  of  St.  JA)uis  e*e)unty.  A majeerity  e)f  the*  l)e)arel 
of  police  shall  constitute  a epiorum,  anel  the  failure  or  refusal  of  the  mayor 


140 


POLICE  COMMISSIONERS. 


or  acting  mayor  of  the  city  of  St.  Louis  to  qualify  or  act  liereuuder,  shall 
ill  nowise  inqiair  the  rigiit  or  duty  of  said  commissioners  to  organize  and 
])roceed  as  herein  iirovided.  Jn  case  a vacancy  shall  occur  in  said  hoard, 
the  same  shall  lie  tilled  hy  the  governor  of  the  State  of  Missouri  forthwith, 
after  having  heen  notitied  that  such  vacancy  exists.  Any  one  of  said  com- 
missioners who,  during  his  term  of  othce,  shall  accept  any  other  place  of 
public  trust  or  emolument,  or  who,  during  the  same  period,  shall  know- 
ingly receive  any  nomination  for  an  otlice  elective  by  the  people,  without 
publicly  declining  the  same  within  twenty  days  succeeding  said  nomina- 
tion, shall  be  deemed  to  have  thereby  Aaicated'his  otlice.  For  othcial  mis- 
conduct, any  of  said  commissioners* may  be  removed  li}^  the  governor  of 
the  State  of  Missouri,  upon  his  being  fidlj'^  satistied  that  the  commissioner 
is  guilt}"  of  the  alleged  official  misconduct. 

Sec.  4.  The  governor  of  the  State  of  Missouri,  by  and  w'itli  the  advice 
and  consent  of  the  senate,  shall,  without  unnecessary  delay,  appoint  the 
four  commissioners  provided  for  in  the  last  preceding  section,  and  said 
commissioners  shall  hold  their  offices,  tw  o of  them  for  tw"0  years,  and 
two  of  them  tor  four  years,  from  the  date  of  their  ai)pointnients,  and 
until  their  successors  shall  have  l)een  appointed  and  qualitied.  The  gov- 
ernor shall  issue  commissions  to  the  persons  so  appointed,  designating  the 
time  for  wTiich  they  are  severally  appointed;  and  w'henever  the  term  of 
office  of  any  commissioner  expires,  the  appointment  of  his  successor 
shall  be  for  four  years. 

Sec.  5.  The  duties  of  the  board  of  police  hereby  created  shall  be  as 
folio w"s:  They  shall,  at  all  times  of  the  day  and  night,  w'ithin  tlie  bound- 
aries of  the  city  of  St.  Louis,  as  well  on  water  as  on  land,  preserve  the 
public  peace;  prevent  crime  and  arrest  otiendei-s;  i)rotect  the  rights  of 
persons  and  property;  guard  the  public  health;  })reserve  order  at  every 
public  election,  and  at  all  })ublic  meetings  and  places,  and  on  all  pidjlic 
occasions;  prevent  and  remove  nuisances  on  all  streets,  highways,  waters 
and  other  places;  provide  a proper  police  force  at  every  tire  for  tiie  pro- 
tection of  lirenien  and  property;  protect  emigrants  and  travelers,  at 
steamboat  landings  and  railway'  stations;  see  that  all  huvs  relating  to 
elections  and  to  the  observance  of  Sunday,  and  regulating  pawnbrokers, 
gamblers,  inteni])erance,  lotteries  and  lottery  policies,  vagrants,  disor- 
derly persons,  slaves  and  free  negroes,  and  tlie  public  health,  are 
enforced.  They  shall  also  enforce  ail  hnvs  and  all  ordinances  passed,  or 
wTiich  may  hereafter  be  i)assed,  by  the  common  council  of  the  city  of  St. 
Louis,  not  inconsistent  with  the  provisions  of  this  act,  or  any  other  law' 
of  the  State,  wTiicli  may  be  proi)erly  enforcea1)le  by  a police  force.  In 
case  tiiey  shall  liave  reason  to  l)elieve  that  any  person  within  said  city 
intends  to  commit  any  breach  of  the  peace,  or  violation  of  law- or  order 
beyond  the  city  limits,  any  ])erson  cliarged  with  tlie  commission  of  crime 
in  the  city  Ojf  'St.  Louis,  and  against  w hom  criminal  process  shall  have 
issued,  may  be  arrested  upon  the  same  in  any  part  of  this  State  by  the 
police  force  created  or  authorized  by  this  act:  Provided,  however,  That 
before  the  person  so  arrested  shall  be*  removed  from  the  county  in  wliich 
sucli  aiTCst  is  made,  he  shall  be  taken  biTore  some  judge  or  justice  of  the 
peace  of  that  county  to  w Iioni  the  papers  authorizing  such  arrest  slndl  be 
submitted,  and  the  person  so  arrested  shall  not  be  removed  from  said 
county,  but  shall  be  forthwith  discharged  unless  such  judge  or  justice  of 
the  ])eace  shall  aiiprove  and  endorse  said  pajiers.  The  said  police  com- 
missioners, or  either  of  them,  shall  have  power  to  administer  oaths  or 
affirmations  on  the  premises  to  any  iierson  appearing  or  called  before 
them.  They  shall  also  have  the  'iiow'er  to  summon  and  comjxl  the 
attendance  of  wltjiesses  befoi-e  them  w henever  it  may  be  lu'cessary  for  the 
more  elfectnal  discharge  of  their  duties. 

Sec.  ().  To  enable  the  said  board  to  perform  the  did ii's  imposed  upon 
them,  they  are  hereby  authorized  and  reipiired,  as  s])(‘e(lily  as  may  b(‘,  to 
ajipoint,  enroll,  and  enqiloy  a permanent  jiolice  force  for  the  city  of  St. 
lamis,  which  they  shall  (xjuip  and  arm  as  they  may  judgi*  necessnry. 
Till*  number  of  polic(*men  to  be  so  apjiointed  and  (miiiloyiMl . (>xelusiv(‘ly 
of  officers,  shall,  at  the  tirst  organization,  be  not  (‘xcei'ding  tli(‘  nimdx'r 
now"  employed  by  the  corjiorate  authorities  of  the  city  of  St.  Louis;  with 


rOL I CE  COAIM ISS I ONEES . 


141 


power,  however,  to  reduce  that  munher,  or  increase  it  not  more  tlnin 
twenty-live,  as  exix'rience  may  warrant:  Provided,  lumever,,  Tliat  foi- any 
extraordinary  emergencies  the  board  may  raise  sncli  additional  force  as 
the  exigeney  may,  in  their  Jndg-ement,  "demand.  No  person  shall  be 
appointed  or  emi)loyed  as  policeman,  or  ollicer  of  police,  who  shall  have 
been  eonvicttal  of,  or  against  whom  any  indictment  may  b(?  pending  for 
any  olfense,  the  i)nnislnnent  of  which  may  be  continenient  in  the  peni- 
tei'itiary ; nor  shall  any  person  be  so  appointed  who  is  notoriously  of  bad 
character,  or  who  is  not  a citizen  of  the  United  Htates,  or  who  is  not  able 
to  read  riiid  write  the  English  language,  or  who  does  not  possess  ordinary 
physical  strength  and  courage.  The  policemen  shall  be  employed  to 
serve  for  four  years,  and  be  sid)ject  to  removal  only  for  cause,  after  a hear- 
ing b}"  the  board,  who  are  hereby  invested  with  exclusive  jurisdiction  on 
[in ] the  premises.  Any  policeman  whose  time  of  service  shall  expire, 
and  who  during  his  appbiiitment  shall  have  faithfully  performed  his  duty, 
shall,  if  otherwise  (lualitied,  be  preferred  by  the  hoard  in  making  their 
new  appointments. 

Sec.  7.  The  officers  of  police  shall  be  as  follows:  One  chief  of  police, 
three  captains,  three  lieutenants,  not  exceeding  twelve  sergeants,  and 
four  turnkeys.  They  shall  be  appointed  by  the  board  for  such  time  as  the 
board  shall  determine,  and  be  sul)ject  to  removal  by  the  board  for  cause. 

Sec.  8.  The  pay  of  the  ordinary  policemen  shall  be  ten  dollars  a week, 
payable  semi-monthly;  and  in  case  the  Ijoard  shall  appoint  detective 
policemen,  which  they  may  do  to  the  number  of  live,  the  detectives  shall 
receive  a like  sum,  payable  semi-monthly. 

Sec.  9.  The  officers  of  the  police  shall  be  paid  semi-monthly,  and  their 
pay  shall  be  as  follows:  The  chief  shall  receive  two  thousand  dollars  a 
year,  each  captain  thirteen  dollars  a week,  each  lieutenant  elevcm  dollars 
and  lifty  cents  a week,  each  sergeant  ten  dollars  and  tifty  cents  a week, 
and  eacli  tin-nk(*y  eight  dollars  and  lifty  cents  a week. 

Sec.  10.  Whenever  any  vacancy  shall  take  i)lace  in  any  grade  of  offi- 
cers, except  the  chief,  it" shall  be  lilled  from  the  next  lowest  grade,  if 
competent  men  can  be  found  therein.  The  board  of  police  are  hereby 
authorized  to  make  all  such  rules  and  regnlations,  not  inconsistent  with 
this  act,  as  they  may  judge  necessaiy,  for  the  appointment,  emj)lo}  inent, 
uniforming,  discipline,  trial  and  government  of  the  i)olice,  and  for  the 
relief  and  comi)ensation  of  memlx'rs  of  the  p<)li(‘(‘  forces  injured  in  jicrson 
or  property  in  tlu*  discharge  of  their  duty,  and  the  families  of  the  officers 
or  men  killed  while  in  such  discharge*  of  "duty : Provided,  That  tlui  allow- 
ance shall  not  exceed,  in  any  one  instance,  twelve  months’  pay.  The 
said  hoard  shall  also  have  jeower  to  reepiire  of  any  officer  or  policemen, 
bond  with  securities,  wlum  tlu'y  may  consid(*r  it  d(*manded  by  the  lenblic 
intei’cst.  All  lawful  rules  and  regnlations  of  the  board  shall  be  obeyed  by 
the*  [)olice  force,  on  pain  of  dismissal,  or  such  other  lighter  ])unlshnient, 
either  by  suspension,  line,  i-ednction,  or  forfeiture  of  pay,  or  otherwise 
as  the  board  may  adjudge. 

Sec.  11.  No  officei*  of  i)olice  or  polic(*man  shall  be  allowed  to  receive 
anj"  money,  or  gratuity,  or  compensation,  for  any  services  he  may  render, 
without  the  consent  of  the  said  board;  and  all  such  moneys,  as  any 
policeman  or  ])olice  officer  may  be  so  permitted  to  rec(‘ive,  sliall  be  paid 
over  to  the  board,  and,  togetlu*r  with  the  proceeds  of  all  lines,  foiTeitures, 
and  unreclaimed  proi)e)-ty,  which  may  come  to  the  i)ossession  of  the 
board,  or  be  recovered  by  thc'in  under'the  ])rovisions  of  this  act,  or  any 
other  law  or  ordinance*,  shall  form  a fund,  which  the  board  may  ai)ply 
toward  the  allowance  to  policenuai,  and  officers  of  jx)!  ice,  and  their  families, 
as  hei‘(*inbefore  authorized,  and  for  extra  ])ay  for  such  memb(*rs  of  their 
force  as  gallantry  and  good  conduct,  on  extraordinary  occasions,  maybe 
adjudg(*(T  to  merit  it. 

Sec.  12.  The  said  board  shall  be  and  th(*y  are  her(*by  authorized  to 
provide  themselves  with  such  officer  and  ollice  furniture,  and  such  clerks 
and  other  snboi‘dlnat(*s,  as  tlnw  may  ne(*d;  and  to  have  and  to  ns('  a coin- 
mon  seal.  They  shall  divide  the  city  into  the  needful  nnmber  of  police 
disti’icts,  and  i)rovide  in  (*ach  of  them,  if  necccssary,  a station-house,  or 
houses,  with  all  things  and  attendants  required  for  the  same,  and  all  such 


142 


POLICE  COMMISSIONERS . 


other  accoiiiinodatioiis  as  may  l)e  requinal  for  the  use  of  tlie  police.  The 
said  hoard,  for  all  the  puri)()ses  of  this  act,  shall  have  the  use  of  the  tire 
alarm  teh'ii-raph  of  the  city  of  St.  Louis,  for  police  purposes,  and  of  all 
station-houses,  watch-boxes,  tire-arms,  ecpiipmeiits,  accouterments,  and 
other  accommodations  and  things  heretofore  pi-ovided  l)y  the  city  of  St. 
Louis,  for  the  use  and  service  of  the  police,  as  fully,  aiufto  saimCextent, 
as  the  same  are  now  and  may  be  used  by  oi- for  tlie  present  police;  and 
the  mayor  and  common  council,  and  all  persons  and  municipal  otlicers  in 
charge  thereof,  are  hereby  ordered  and  ]-equii-ed  to  allow  such  use  accord- 
ingly. In  case  the  said  mayor  and  common  council  of  said  city,  or  its 
otiic'ers  or  agents,  refuse  or  neglect  to  allow  such  use,  as  and  when  the 
same  shall  be  required  by  said  l)oard,  the  said  board  may  apply  to  the  cir- 
cuit court  of  the  county  of  St.  Louis,  in  the  name  of  the  State,  for  a 
mandamus  to  compel  a compliance  with  the  provisions  of  this  section, 
and  the  application  thereof  shall  be  heard  and  decided  by  the  court.  One 
week’s  notice  of  the  application  shall  be  given,  and  'the  respondent  or 
respondents  shall  have  the  light  to  answer  within  the  week;  and  if  testi- 
moiw  be  needed  on  either  side,  the  same  shall  be  taken  witiiin  ten  days 
after  the  answer  is  tiled,  or  the  said  week  shall  have  expired.  Erom  tlie 
decision  of  the  circuit  court  in  the  premises,  either  party  may  appeal 
within  ten  days;  and  it  shall  be  the  duty  ot  the  clerk  of  said  court  to  send 
up  the  record' immediately,  and  the  appeal  shall  be  heard  by  the  supreme 
court,  if  then  in  session,  and  if  not  in  session,  at  the  next  term,  in  both 
courts.  The  case  shall  be  taken  up  and  tried  in  preference  to  all  others. 

Sec.  13.  It  shall  be  the  duty  of  the  sheritf  of  Si.  Louis  county,  when- 
ever called  on  for  that  purpose  by  said  board,  to  act  under  their  control 
for  the  iireservation  of  the  public  peace  and  quiet,  and,  if  ordered  by 
them  to  do  so,  he  shall  summon  the  posse  cornitatus  for  that  purpose;  and 
hold  and  employ  such  iiosse,  suliject  to  their  discretion.  In  case  the 
board  shall  deem  it  necessaiy,  they  shall  have  authority,  in  accordance 
with  the  laws  now  in  force,  or  hereafter  enacted,  to  call  out  such  of  the 
mditaiy  force  lawfully  organized  or  existing  in  the  said  city,  or,  as  they 
may  see  tit,  to  aid  them  in  preventing  threatened  disorder  or  opposition 
to  the  laws,  or  in  suppressing  insurrection,  riot  or  disorder,  at  all  times. 
xVnd  it  shall  be  the  dut}^  of  tlie  said  military  force  to  obey  such  directions 
as  may  be  given  them  by  the  said  board,  whenever  the  exigency  or 
circumstances  may  in  their  judgment  warrant  it.  The  said  board  shall 
have  the  power  to  assume  the  control  and  command  of  all  consei'vators  of 
the  peace  of  the  city  of  ,St.  Louis,  whether  sheriff,  constables,  policemen, 
or  others,  and  they  shall  act  uiidiT  the  oi'ders  of  the  said  board,  and  not 
otherwise;  and  in  case  of  the  refusal  of  the  said  sheriff*,  or  x>olicemen, 
constables,  or  other  jieace  officer  or  iierson,  to  obey  any  lawful  command 
of  the  said  board,  under  the  pi’ovisions  of  this  section,  thev  shall  respect- 
ively to  the  penalties  following,  that  is  to  say:  the  said  sheriff*  to  a penalty 
of  live  thousand  dollars,  any  peace  officer' to  a i)enalty  of  live  hundred 
dollars,  any  inivate  citizen  to  a penalty  of  one  hundred  and  lifty  dollars; 
said  ])enaltjes  to  be  i-ecovered  by  said  board  by  civil  action,  in  the  name 
of  the  State;  and  any  officer,  in  any  military  force  in  the  eity  of  St.  Louis, 
oig’anized  or  existing  under  the  laws  of  this  State,  who,  being  called  upon 
b,v  said  board  as  aforesaid,  shall  refuse  or  willfully  tail  to  call  out  the  force 
under  his  command,  or  to  obey  the  directions  of  said  board,  or  to  enforce, 
by  all  lawful  means,  the  performance  of  the  duties  to  said  force  assigned, 
shall  be  liable  to  a penaltv  of  live  hundred  dollars,  and  any  interior  officer 
or  private  of  such  force  who  shall  refuses  or  willtully  fail  to  ob(*y  the  sum- 
mons or  order  of  his  i)ropei'  suixaloi’  officer,  in  such  behalf  issiu'd,  shall 
be  lialffe  to  a penalty  of  one  hundred  and  lifty  dollars;  such  penalti(‘S  to  be 
recoverable  as  aforesaid. 

Sec.  14.  So  soon  as  the  board  creahal  by  this  act  shall  hold  their  lii-st 
meeting,  it  shall  be  their  duty  to  inform  tlie  eity  marshal,  tlu*  chief  of 
])olice,  th(^  captain  of  policiq  and  othei’  officers  or  tin',  iiolici*  of  th(>  dty  of 
St.  I.ouis,  that  they  re(pni-(‘  tlulr  attendance  upon  them  and  ol)(‘di(m(‘e  to 
tlidr  oi'd(*i‘s,  which  attendance  the  officers  so  notilied  shall  b(‘  bound, 
respectively,  to  give  under  a penalty  of  live  hundred  dollars  each,  to  lx* 
recovered  by  action  at  law,  instituted  by  said  board  in  the  name  ot  the 


POLICE  COMM ISSIONEKS. 


143 


State,  for  failure  to  altcMid  as  recjiiiriHl,  and  for  eaeli  and  ('viuy  fai]ui-('  to 
obey  tli('  hnvful  order  of  said  board.  Eroiii  and  aft(‘r  the  first  lueeling 
afoivsaid.  the  wliole  of  the  tluai  (‘xistiii^  i)oliee  foi'ce  in  tlie  city  of  St. 
Louis,  botli  ollieers  and  lueii,  shall  pass  under  the  exclusive  mauageiiieiit 
and  control  of  the  said  board,  and  be  subject  to  no  othei- control , and 
entitled  to  receive'  neither  orders  or  i)ay  (except  arrearages  then  due)  troin 
any  other  authority , and  shall  so  continue,  subject,  however,  to  removal 
oi- suspension  at  tlie  disci-('tion  of  said  board,  and  with  the  power  in  said 
boai-d  to  till  vacancies,  until  the  said  board  shall  pulelicly  declare  that  the 
oiyanization  of  the  police  force,  created  by  this  act,  is  complete.  Upon 
such  [)iiblic  declaration,  and  from  the  time  thereof  thenceforward,  all  ordi- 
nances of  the  city  of  St.  Louis  are  hereby  annulled  and  declared  void  so  far 
as  tlu'y  contlict  with  this  act,  or  assume  or  confer  upon  the  mayor,  or  any 
other  person  or  persons,  the  power  to  appoint,  dismiss,  or  in  anyway, 
or  to  any  extent,  employ  or  control  any  police  force  organized,  or  to  be 
oi-ganized.  under  such  ordinance,  or  any  of  them;  and  from  and  after 
such  public  declaration,  as  aforesaid,  the  police  force  organized,  or  which 
may  be  organized,  under  such  ordinance,  or  any  of  them,  shall  cease  to 
exist,  and  all  its  functions  and  powers  be  at  an  end. 

Sec,  15.  It  shall  be  the  duty  of  the  said  board,  with  all  convenient 
speed,  after  (pialitying  as  aforesaid,  and  annnally  theuceforward,  to  e.'^ti- 
mate  Avhat  sum  of  money  will  be  necessary  for  eacli  current  liscal  year  to 
enal)le  them  to  discharge  the  duties  hereby  imposed  upon  them,  and  they 
shall  forthwith  certify  the  same  to  the  board  of  common  council  of  the  city 
of  St.  J.ouis,  who  are  hereb}"  required,  in  tlie  tirst  apiiropriation  ordinance 
of  the  tiscal  year,  to  set  apart  and  appropriate  the  amount  so  certitied, 
payable  out  of  the  net  annual  revenue  of  said  city  of  St.  T^ouis,  after 
liaVing  lirst  deducted  the  amount  necessary  to  pay  the  interest  upon  the 
indebtedness  of  said  city,  the  amount  necessary  for  tlie  expenses  of  the 
city  hospital  and  health  department,  the  amount  necessary  for  the  expense 
of  lighting  the  city  with  gas,  and  the  sum  often  thousand  dollars  rcipiired 
by  law,  to  be  jilaced  to  the  credit  of  the  sinking  fund  of  said  city.  The 
said  board  of  police,  ujion  and  after  having  ipialitied  as  afoi-esaid,  are 
hereby  anthoi-ized  to  make  reipiisition,  from  time  to  time,  uiion  the 
mayor,  auditor,  comptroller,  or  other  proper  disbursing  otlicer  or  ollieers 
of  the  coi'iioration  of  the  city  of  St.  Louis,  for  such  sums  of  money  as 
they  may  deem  necessary  for  executing  their  duties  niidi'r  this  act,  and 
the  sums  so  reipiired  shall  be  ])aid  liy  said  jiroper  disbursing  otlicer  or 
ottic(*rs,  out  of  any  moneys  in  the  city  treasury  not  ap^iropriated  to  the 
specitic  purpose  above  enumerated:  Provided,  however.  That  the  same 
shall  not  (*xceed,  in  any  one  year,  the  anioimt  appropriated  by  the  city 
of  St.  Louis  for  maintaining  the  jiolice  of  that  city  (hiring  the  ytair  one 
thousand  eight  hnndri'd  and  sixty:  And,  That  the 

amount  so  iv([nired,  or  drawn,  shall  not  exceed,  in  any  one  year, 
the  amount  so,  as  aforc'said,  certilii'd  for  that  j'ear  to  the  common 
council  aforesaid;  and,  in  case  the  common  council  shall  fail  to  make 
such  appropriation,  or  tin*  said  disbursing  ollici'r  or  ollieers  shall 
not  fortii\\'ith  jiay  ov(*r  th((  amount  of  such  reipiisition  as  made, 
it  shall  be  the  dnt}'  of  said  board,  and  tluiy  are  h(*i-eby  authorized 
and  recjuired,  to  issue  cei-titicat(*s  of  indebtedness  in  the  nann*  of  the 
city  of  St.  Louis,  in  such  amoimts  as  they  may  deem  advisabh',  for 
the  amount  of  such  reipiisition,  i-espectively , bearing  interest  at  ten  per 
cent,  iierannnm,  jiayable  not  more  than  twelve  months  afterdate,  and 
sigiK'd  by  a majority  of  the  board;  and  to  raise  tin*  money  on  said  (*('rtili- 
cate  by  pledging  or  disposing  of  the  same,  which  c(‘rtilicate  shall  be 
receivable  at  jiar  in  iiayment  of  all  city  taxes,  and  b(‘  as  binding  uiion  said 
coriioration,  and  be  as  recoverable  agiiinst  it,  as  if  the  common  council  of 
St.  Louis  had  themselves  authorized  the  issuing  of  said  certilicates.  The 
common  council  of  the  city  of  St.  Louis  shall  have  no  iiower  or  authority 
to  levy  or  collect  any  tax,  or  approjiriate  any  money  for  the  jiayni  'iit  of 
any  police  force,  otlua*  than  that  to  lie  organized  and  (*niployed  under  this 
act.  No  otlicer  or  servant  of  the  mayor  [or]  the  common  council  of  said 
city  of  St.  Louis,  shall  disburse  any  iiioiwy  lor  the  paynn'iit  of  any  police 
forc(!  other  than  that  to  be  organiziHl  and  enijiloyed  under  this  act,  and 
the  power  of  said  mayor  and  common  council  to  appropriate  and  disburse 


144 


EELIEF  FOE  THE  CFFY. 


iiioiiej"  tor  tlie  payment  of  the  police  force,  to  be  organized  or  employ etl 
under  this  act,  shall  be  exercised  as  in  this  section  directed,  and  not 
otherwise.  In  case  the  amount,  as  aforesaid,  to  be  estimated  by  tlie  said 
])oard  shall,  from  an}"  unforeseen  cause,  prove  insiiflicient  for  tin*  neces- 
sary expenses  of  the  current  year,  the  said  board  are  hereby  authorized 
and  empowered  to  issue  certihcates , and  raise  money  therefrom,  as 
hereinbefore  provided,  to  meet  the  exigency:  Provided^  howe'cer^  That 
no  such  additional  issue  shall  exceed  the  sum  of  ten  thousand  dollars  in 
any  one  year;  and  that  the  amount  thereof  shall  be  added  to  the  appro- 
priation for  the  year  next  ensuing,  and  that  the  said  certihcates  shall  not 
be  made  payable  at  any  earlier  day  than  the  hrst  day  of  November  next 
al’te]*  the  issuing  of  the  same,  and  shall  not  be  receivable  in  payment  of 
city  taxes  earlier  than  those  for  the  year  in  which  they  shidl  be  so 
payable . 

Sec.  17.  Any  officer  or  servant  of  the  mayor  or  common  council  of 
the  city  of  St.  Louis,  or  other  person  whatsoever,  who  shall  forcibly 
resist  or  obstruct  the  execution  or  enforcement  of  any  of  the  provisions  of 
this  act,  providing  a permanent  police  for  the  city  of  St.  Louis,  or 
relating  to  the  same,  or  who  shall  hinder  or  obstruct  the  organization  of 
said  board  of  police,  or  the  police  force  hereinbefore  i)rovided  to  be 
organized,  or  who  shall  maintain  or  control,  or  attempt  to  maintain  and 
control,  the  existing  police  force  of  said  city,  or  any  part  thereof,  or  any 
other  police  force  under  the  ordinances  and  acts  herein  and  hereby 
repealed,  except  as  herein  provided,  shall  be  liable  to  a penalty  of  one 
thousand  dollars  for  each  and  every  such  offense,  recoverable  by  the 
board  by  action  of  law,  in  the  name  of  the  State,  and  shall  forever  there- 
after be  disqualitied  from  holding  or  exercising  any  office  or  employment 
whatsoever,  under  the  mayor  or  common  council  of  St.  Louis,  or  under 
this  act:  Provided,  /io?c<?re/-,"That  nothing  in  this  section  shall  l)e  construed 
to  interfere  with  the  punishment,  under  any  existing  or  any  future  law  of 
this  State,  of  any  criminal  offense  which  shall  be  committed  b}"  the  said 
parties  in  or  about  the  resistance,  obstruction,  hindrance,  conspiracy, 
combination  or  disbursement  aforesaid. 

Sec.  17.  The  commissioners  of  police  shall  cause  all  persons  arrested 
by  the  police  to  be  brought  before  the  recorder  of  the  city  of  St.  Louis, 
or  some  justice  of  the  peace  within  said  county,  to  be  dealt  with  accord- 
ing to  law. 

Sec.  18.  The  board  shall  cause  a full  journal  of  their  proceedings  to  be 
kept,  and  shall  also  cause  all  their  receipts  on  disbursements  of  moneys  to 
be  faithfully  entered  in  books  to  be  procured  and  kept  for  that  purpose; 
and  said  journal,  and  all  said  books,  and  all  other  documents  in  the  pos- 
session of  said  board,  shall  always  be  open  to  the  inspection  of  the  general 
assembly  of  the  (State  of  Missouri,  or  any  committee  appointed  by  it  for 
that  purpose.  It  shall  be  the  duty  of  the  board  to  report  to  the  common 
council  of  the  city  of  St.  Louis,  at  each  annual  session  thereof,  the  num- 
ber and  expense  of  the  police  force  employed  by  them  under  this  act,  and 
all  such  other  matter  as  may  be  of  public  interest  in  connection  with  the 
duties  assigned  them  by  this  act.  f 

Sec.  19.  All  acts  and  parts  of  acts,  and  charter  provisions,  and  all 
ordinances  of  the  city  of  St.  Louis,  conllicting  with  this  act,  are  hereby 
repealed. 

This  act  shall  take  effect  fi-om  and  after  its  passage. 

Approved,  March  27,  1801. 


AN  ACT 

Foil  THE  RELIEF  OF  TUB  CITY  OF  ST  LOUIS. 

AYiiereas,  The  city  of  St.  Louis  is  owing  a large  sum  of  mon(\v  to  con- 
tractors for  city  work,  and  also  for  other  ])uri)oses,  which,  on  account  of 
the  pecuniary  pressure  of  the  times,  it  is  unable  to  pay  at  this  moment; 
therefore. 


1?EL1EF  FOi:  THE  (^ITY. 


145 


Be  if  enact ed  by  the  General  Assembly  of  the  State  of  Missouri^  as  follov)s  : 

Sec'tiox  1.  The  chiirter  of  the  said  city  is  hereby  aiiieiuled  so  as  to 
autliorize  the  issue,  in  the  inainier  and  under  tlie  restrictions  liereinafter 
contained,  of  an  aiuount  not  exceedinii;  two  luuidred  thousand  dollars  of 
city  treasury  warrants,  to  pay  the  currcMit  d(*hts  of  the  city  to  contractors 
and  others  wlio  have  accounts  allowed  against  it;  said  warrants  to  he  in 
such  form  as  maybe  determined  ])y  the  commissioners  hereinafter  named. 

Skc.  2.  Said  warrants  shall  be  in  denominations  of  one,  two,  and  three 
dollars,  and  shall  he  receivable  for  taxes  and  licenses  payable  to  the  said 
city. 

Sec.  3.  James  II.  Lucas,  Louis  C.  Gamier,  and  D.  II.  Armstrong, 
are  hereby  apjjointed  commissioners  to  provide,  and  also  to  issue,  the  sani 
warrants,  and  which  warrants  shall  be  signed  by  one  of  them,  to  be 
designated  by  themselves  for  that  purpose,"  and  the  same  shall  only  be 
issued  by  them  to  the  treasurer  for  the  payments  of  such  amounts  as  shall 
be  duly  audited  and  certitied  by  the  proper  otticers  of  said  city,  and  on 
the  written  atlirmation  of  the  mayor  and  comptroller  thereof. 

Sec.  4.  The  said  commissioners  shall  keep  a correct  list  of  all  amounts 
issued  by  them  to  the  treasurer,  and  charge  the  same  to  him,  and  shall 
keep  a register  of  all  applications  made  to  them  by  the  said  mayor  and 
com])troller  for  the  issue  of  the  same;  and  it  shall  further  be  their  duty  to 
report,  at  eveiy  regular  session  of  the  city  council,  the  ainounts  so  issued, 
and  the  applications  upon  which  they  were  issued,  from  the  mayor  and 
comptroller,  as  aforesaid. 

Sec.  5.  The  said  commissioners  are  hereby  authorized  to  apiioint  a 
clerk,  whose  duty  it  shall  be  to  keep  a i-egular'and  perfect  account  of  the 
issues  provided  as  afor(‘said,  and  to  whom  the  said  commissioners  shall 
allow  a reasonable  compensation,  to  be  paid  by  the  city. 

Sec.  f).  At  stated  periods,  to  be  determined^  by  the  commissioners,  the 
said  treasurer  shall  pay  over  to  the  commissioners  all  the  city  warrants,  so 
issued,  which  may  be  in  his  possession,  and  take  their  receipt  for  the 
same;  and  the  commissioners  shall,  at  once,  in  the  presence  of  the  mayor 
and  comptrollei’,  proceed  to  destro}^  the  same,  lirst  having  taken  a com- 
plete a<5Count  of  such  warrants. 

Se(x  7.  The  banks,  savings  institutions,  associations,  and  bankers,  of 
this  Stat(‘,  may,  if  they  deem  ])rop(‘r,  receive  and  pay  out  all  such  city 
warrants,  without  being  subje(g,  to  the  penalties  of  any  law  of  this  State 
in  regard  to  the  circulation  of  notes  under  tiv(*  dollars. 

Sec.  8.  From  and  after  the  second  Monday  of  October,  18(51,  the  com- 
mon council  of  the  city  shall  not,  after  having  passcal  a general  appropria- 
tion bill,  pass  iiny  ordinance  a})j)ropriating  moiu'y,  unhjss  the  amount 
thereby  api)ropriat«Hl  be  actually  in  the  treasury  of  tlu'  city,  and  not 
required  to  m(*et  api)ro[)riations  alnaidy  existing.  Any  member  of  said 
common  council  voting  for,  [and]  any  mayor  api)roving,  any  ordinance* 
passed  in  violation  of  this  s(‘ction,  shall  b<*  jointly  and  s(*V(‘rally  liable  in 
ins  personal  estate  for  any  amount  drawn  from  the  treasury  of  said  city  in 
pursuan(;(^  of  any  such  ordinance. 

Sec.  9.  No  sum  of  money.  api)ropriated  by  ordinance  to  any  particular 
fund  or  obje(d,  shall,  except  in  pursuanc(M)f  change  in  the  a{)propriation 
thereof  by  ordinance,  be  (iiverted  from  such  fund  or  object,  or  used  tor 
any  other  i)uri)ose;  and  any  otlicer  of  said  city,  making  or' authorizing  any 
such  diversion  or  use  without  such  change  of  appropriation  by  ordinance, 
slndl  be  liable,  in  his  i)ei‘sonal  estate,  for  any  amount  so  diverted  or  used 
for  any  i)urpose  or  object  other  than  that  for  'which  the  saim*  was  (‘specially 
ai)i)ropriated. 

Sec.  10.  The  comptroller  ot  said  city  shall  cause  to  ])e  cancelled  all 
specaal  accounts  on  the  books  of  the  auditor  of  said  city  showing  an  unex- 
pended balan(ie  to  tlu^  credit  of  any  si)ecial  fund,  when' he  shall  be  satisthal 
that  such  apparent  balance  has  been  authorized,  and  used  in  the  payment 
of  indebtedness  of  said  city. 

Sec.  11.  No  officer  of  said  citv  authorized  to  make  contracts  on  behalf 
of  the  (dty  for  work,  or  materials,  shall  make  any  sucli  contract  which 
shall  r(‘(iu'ire  the  expenditure  of  any  greater  sum  than  the  amount  actually 
appropriated  by  existing  ordinance  for  su(;h  work  or  materials. 

10 


146 


STEEET  KAILROADS. 


Sec.  12.  The  common  council  of  said  city  shall  not  pass  any  ordinance 
for  the  improvement  of  streets  in  the  new  limits  of  said  city,  or  for  other 
improvements  in  said  new  limits,  to  be  paid  tor  out  of  the  new  limit  fund, 
when  the  amount  required  for  such  improvement  exceeds  the  amount 
actually  in  the  treasury  of  said  city  to  the  credit  of  said  fund. 

Sec.  13.  The  twenty-tifth  section  of  the  “Act  amendatory  of,  and 
supplementary  to,  the  several  acts  incorporating  the  city  of  St."  Louis,” 
approved  March  14th,  1859,  is  hereby  amended  hj^  strikino^  out  therefrom 
the  words  ^ '•two-thirds,  ’ ’ and  insert'ino-  in  lieu  thereof  ‘ ‘a  majority.  ’ ’ 
Sec.  14.  The  said  city  shall  not  be  liable  to  any  action  for  the  destruc- 
tion of  any  property  by  a mob,  in  tavor  of  any  person  who  at  the  time 
of  such  destruction  "is  delinquent  in  the  payment  of  anj'  taxes  due  the  said 
city . 

Sec.  15.  The  common  council  of  the  city  of  St.  Louis  shall  have  no 
power  to  pave,  macadamize,  curb,  or  gutter,  any  street  or  alley,  at  the 
expense  of  property  owners  whose  property  fronts  on  such  street  or  alley, 
unless  a majority  in  interest  on  such  street"  or  alley  shall  consent  thereto 
in  writing,  "or  unless  the  same  shall  be  declared  a nuisance  by  a jury  of  six 
disinterested  citizens  of  said  city:  Provided^  That  the  provisions  of  this 
section  shall  not  apply  to  any  street  or  alley  where  two  or  more  blocks  are 
owned  by  one  person,  or  one  estate;  but  the  provisions  of  the  law  now  in 
force  shall  apply  in  all  such  cases. 

This  act  to  take  effect  from  and  after  its  passage 
Approved.  May  13,  1861. 


AN  ACT 

AMEXDATORY  OP  AND  SUPPLEMENTARY  TO  AN  ACT  ENTITLED  “AN  ACT 
CONCERNING  STREET  RAILROADS  IN  THE  CITY  OF  ST.  LOUIS,”  APPROVED 
JANUARY  16,  1860. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Missouri,  as  follows: 

Section  1 . Section  eight  of  an  act  concerning  street  i-ailroads,  approved 
January  16,  1860.  is  hereby  repealed,  and  the  following  substituted  there- 
for: The  Gravois  Railroad  Company,  as  authorized  by  the  common  council 
of  St.  Louis,  may  construct  their  "road:  Provided,  They  shall  commence 
the  construction  of  the  same  within  six  months,  and  tinish  the  same  within 
two  years  after  Eighth  and  Ninth  streets  shall  be  fully  opened,  graded  and 
im[)roved  as  far  south  as  Park  avenue:  and  provided  further,  That  said 
company  may  connect  their  road,  from  the  termination  of  Decatur  street, 
eastwardly  along  Park  avenue,  to  Eighth  streid,  and  thence  northwardly, 
along  Eighth  street  on  the  line  authorized  by  said  common  council,  unless 
the  said  company'  shall  fall  to  make  a satisfactory  agreement  with  the 
Pacitic  Railroad  Company  as  to  the  crossing  of  her  track  on  Eighth  street; 
then,  in  that  event,  said  company  may  turn  their  track  westwardly  from 
Eighth  street,  along  Gratiot  street  to  Ninth  street;  thence  along  Ninth  to 
Chesnut  street,  and  thence  along  Chesnut  to  Fifth  street:  and  provided 
further.  That  said  company  shall  not  he  permitted  to  consti’uct  a branch 
bn  Arsenal  street,  and  shall  not  be  permitted  to  lay  their  track  on  Chesnut 
street  east  of  the  eastei-n  line  of  Fifth  street. 

Sec.  2.  The  privilege  herein  granted  of  constructing  said  road  on 
Chesnut  street,  between  Ninth  and  Fifth  streets,  shall  be  continued  on  the 
consent  of  a majority  of  the  ownei's  of  real  estate  on  that  [lortion  of  the 
road;  and  the  evidence  of  such  consent,  on  the  ])art  of  such  own(*rs,  .^hall 
tirst  be  tiled  in  the  otlice  of  city  register,  and  shall  have  attached  thereto 
the  certiticate  of  the  city  engineer  that  the  persons  named  constitute  or 
represent  a majority  of"  the  owiu'rs  of  real  estate  fronting  on  (diesuut 
stre(‘t,  between  Ninth  and  Fifth:  Provided,  however.  That  no  coal  orother 
freight  shall  be  carried  on  said  road,  northwardly,  b(‘yond  the  liiie  of 
Cerre  street,  nor  b(*tween  the  hours  of  sunrise  and  sunset  in  the  daytime. 
Sec.  3.  Such  portions  of  sections  two  and  three  of  the  act  of  which 


Sl\  LOUIS  AND  CARONDELET. 


147 


this  is  anuMidatoiy,  which  conllict  with  tlie  route  of  the  Gravois  Railroad 
Coiupauy,  as  herein  set  forth,  and  any  portion  of  any  act  conllictin^  lierc- 
with,  are  lierchy  repeahHl.  Tin;  (aty  ot  St.  Louis  shall  have  full  power  to 
tax.  license  ajid  re^’idate  this  corporation. 

Approved,  J^larcTi  27,  IShl. 


AN  ACT 

TO  ENABLE  THE  CITIES  OP  ST.  LOUIS  AND  CARONDELET  TO  ANNEX  THEIR 
RESPECTIVE  CORPORATIONS  ON  CERTAIN  TERMS  AND  CONDITIONS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows: 

Section  1.  The  city  of  St.  Louis  and  the  city  of  Carondelet,  in  the 
county  of  St.  Louis,  are  hereby  authorized  to  annex  their  respective  cor- 
porations, upon  such  terms  anil  conditions  as  regards  boundaries,  indebt- 
edness, real  estate,  liabilities,  privileges,  immnnities,  and  the  limitations 
and  the  extent  thereof,  as  may  be  a<^reed  upon  by  joint  ordinance  of  the 
municipal  council  of  each  of  said  cities  by  a majority  vote  of  the  members 
of  each  council:  Provided,  That  within  six  months  after  the  passage  of 
such  joint  ordinanc<3,  the  same  shall  be  submitted  to  the  legal  votes  of  each 
of  said  cities,  and  be  ajiproved  by  a majoritv  vote  of  such  votes,  respect- 
ively, in  which  event  such  joint  ordinance  shall  be  of  full  force  and  eftect 
as  if  the  same  had  been  passed  as  an  act  of  the  General  Assembly  of  the 
State  of  Missouri, 

Sec.  2.  All  acts  and  parts  thereof,  inconsistent  herewith,  are  hereby 
repealed . 

Approved,  March  28,  1861. 


AN  ACT 

IN  RELATION  TO  THE  ASSESSMENT  AND  COLLECTION  OF  TAXES  IN  THE  CITY  OF 
ST.  LOUIS,  LEVIED  FOR  THE  PURPOSES  OF  THE  GOVERNMENT  THEREOF. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows  : 

Section  1.  All  real  estat(‘  in  the  city  of  St.  Louis,  subject  to  taxation, 
shall  be  assessed  in  the  name  of  the  person  who  appears,  from  the  records 
of  the  county  of  St.  Louis,  to  be  the  owner  thereof. 

Sec  2.  If  any  jicrson  having  the  charge  or  management  of  any  taxable 
proiierty  shall  neglect  or  refuse  to  inakt;  return  of  such  proi)(*rty  to  the 
assessor,  in  conformity  to  ordinance,  after  b(;ing  notilied  in  writing  so  to 
do,  the  assessor  shalf  proceed  to  assess  tlu*  same  according  to  his  best 
judgment,  adding  twenty  per  centum  to  such  assessment  as  a penalty  for 
such  riifnsal,  and  in  such  case  tlnn-e  shall  be  no  abatement  ot  tlu*  assess- 
ment or  other  relief  therefrom,  except  by  authority  of  special  ordinance 
lor  that  pnrjiose. 

Sec.  3.  Whenever  any  real  estate  has  been  assessed  against  a wrong 
party,  or  has  been  omitted  in  the  assessment  in  any  year,  and  no  tax 
thereon  has  be(*n  paid  for  that  year,  the  assessor,  as  soon  as  the  fact  be 
discovered,  shall  assess  the  same  against  the  owner,  and  make  out  a bill 
for  the  amount  of  taxes  so  assessed,  which,  if  not  jiaid  on  demand  by  the 
owner  or  other  person  interested  in  the  property,  shall  be  sued  upon,  and 
the  same  proceedings  be  had  thereon  as  hereinafter  provided  for  the  col- 
lection of  deliiuiuent  taxes  against  real  estate. 

Sec.  4.  Suits  may  be  brought  before  any  justice  of  the  peace  in  the 
city  on  all  tax  bills,  both  general  and  spechd,  which  have  been,  or  may 
hereafter  be,  returned  to  the  comptroller  of  the  city  unpaid;  and  such 
justice  shall  have  jurisdiction  in  all  such  cases,  without  regard  to  amount 
claimed.  Each  bill  shall  be  considered  as  a separate  and  distinct  demand, 
and  in  any  action  brought  to  recover  the  same,  shall  be  received  as 


148 


ASSESSMENT  AND  COLLECTION  OF  TAXES. 


facie  evidence  of  the  indebtedness  of  the  person  tlierein  named  for  the 
amount  specified  in  tlie  same;  and  when  the  suit  is  for  the  recovery  of 
taxes  which,  by  existiiif^  laws,  constitute  a lien  on  real  estate,  sucli  bill 
shall  also  be  received  'em  prima  fade  evidence  of  the  validity  of  the  charge 
against  the  property  therein  described,  and  of  the  liability  of  the  person 
therein  named  as  the  owner  of  the  said  property. 

Skc.  5.  The  justice  of  the  peace  shall  have  power  to  summon  all 
parties  who  may  be  interested  in  the  real  estate,  charged  with  the  lien, 
whether  as  incumbrancer  or  otherwise,  but  such  as  are  not  made  parties 
shall  not  be  bound  by  the  proceedings.  Resident  defendants  shall  be 
served  with  the  process,  as  in  ordinary  suits;  service,  in  cases  of  non- 
residence in  the  county  of  St.  Louis,  or  State  of  Missouri,  may  be  made 
either  on  any  trustee,  attorney,  or  agent  having  the  care,  control  or  man- 
agement of  the  property,  or  who  may  be  authorized  b.y  the  owner  to 
lease  the  same,  or  to  collect  and  receive  the  rents  and  prohts  thereof;  but 
if  there  be  no  such  person  in  the  county,  known  upon  the  returns  of  the 
assessor,  to  represent  such  non-resident,  he  shall  be  notitied  by  publica- 
tion in  the  same  manner  as  non-resident  defendants  in  attachment  cases 
before  justices  of  the  peace. 

Sec.  6.  The  proceedings,  except  as  hereinafter  provided,  shall  be  the 
same  as  in  ordinary  suits  before  justices  of  the  peace. 

Sec.  7.  In  all  siiits  brought  to  enforce  the  collection  of  taxes  assessed 
against  real  estate,  whenever  the  owner  is  not  summoned,  but  notilied  by 
publication,  and  has  not  appeared,  the  judgment,  if  for  plaintilf,  shall 
be  that  the  plaintiff  recover  the  debt  found  to  be  due,  with  interest  as  may 
be  prescribed  by  ordinance,  not  exceeding  twenty  per  centum  per  annum, 
and  costs,  to  be  levied  of  the  real  estate,  describing  the  same  as  in  tax 
bill. 

Sec.  8.  When  the  owner  has  been  duly  summoned,  or  appears  to  the 
action,  the  judgment,  if  for  the  plaintiff,  shall  be  as  in  the  preceding 
section  specilietf,  with  the  addition,  that  if  the  said  real  estate  be  not 
sufficient  to  satisfy  said  debt,  interest,  and  cost,  then  the  residue  to  be 
levied  of  the  other  goods,  chattels,  lands  and  tenements  of  said  owner. 

Sec.  9.  The  city  in  ay  tile  a ti-anscript  of  said  judgment  in  the  office  ot 
clei'k  of  the  land  court,  who  shall  thereupon  issue  an  execution,  if 
required,  which  execution  shall  be  a special  scire ■ facias ^ directed  to  the 
sheriff,  and  shall  be  in  conformity  with  the  judgment.  On  the  tiling  of 
such  transcript,  such  judgment  shall  have  the  same  force  and  validity  by 
way  of  lien  on  realty  and  in  all  other  respects,  as  if  rendered  by  any  court 
of  record  in  St.  Louis  county. 

Sec.  10.  Such  writ  shall  be  returnable  as  other  executions,  and  the 
advertisement,  sale,  and  eonveyance  of  real  or  jiersonal  estate  under  the 
same,  shall  be  made  as  in  ordinary  executions:  Provided,  That  the  sheriff, 
upon  such  sale,  shall  deliver  to  the  purchasei-  a certificate  of  the  sale,  a 
duplicate  of  which  he  shall  file  with  the  city  register,  and  the  defendant 
in  the  execution,  or  his  legal  representatives,  ma}"  redeem  the  i)i-operty 
sold  at  any  time  within  one  year  next  after  the  day  of  sale,  upon  the  pay- 
ment of  the  amount  for  which  the  property  was  sold,  and  interest  thereon, 
at  the  rate  of  ten  ])er  centum  per  annum,  and  of  all  costs  accrued.  But  if 
the  property  be  not  so  redeemed,  the  sheriff’ shall,  at  the  expiration  of 
one  year,  deliver  to  the  purchaser  a deed  of  the  property  sold. 

Sec.  11.  The  purchaser,  under  a sale  by  virtue  of  an  execution  on  a 
judgment  rendered  under  this  act,  shall  take  title  to  the  property  sold,  as 
against  all  parties  to  the  suit. 

Sec.  12.  Suits  brought  for  taxes  on  personal  property  only,  shall  be 
conducted  throughout  as  other  actions  for  the  collection  of  d(‘bts  before 
justices  of  the  peace  (except  as  hereinbefore  provided,  as  to  jurisdiction 
and  evidence),  and  all  proceedings,  subs(‘quent  to  the  judgimuit  ther(*in. 
and  for  the  enforcement  of  the  same,  shall  be  as  provided  by  law  in  ordi- 
nary cases. 

Sec.  13.  The  sheriff  or  eonstable,  as  the  case  may  be.  shall,  within  ten 

, 1 j ^ 1 i__  . 1 1 


STREET  RAIT.ROAD. 


149 


Seo.  14.  Upon  pivscMitiilioii  to  the  comi)tro]lor  oftlio  0(3rtiri(‘jito  of  sale, 
in:ul(>  by  the  shoritf  to  the  purcliascM-  of  ival  estate  sold  under  this  aet,  the 
defendant  in  the  (‘X(H*ntion  or  his  h'^'al  re])res(3ntatives  shall  1x3  entitled  to 
ree(‘iv(‘  tVoni  the  eoinptroller  all  the  surplus  of  the  purchase  money  over 
and  above  the  amount  of  the  execution;  and  the  comptroller  shall  pay 
over  to  such  defendant  in  the  execution,  or  his  le^al  representatives,  ail 
such  surplus,  upon  demand,  when  the  time  for  redemption  of  real 
property  sold  shall  have  expired,  or  where  the  purchase  money  may  be 
for  personal  property  sold. 

Sec.  15.  Ai)peals'  to  the  St.  Louis  land  court  shall  be  allowed  from 
the  judgment  of  the  justice,  in  all  cases  prosecuted  under  this  act  in  the 
manner  prescribed  for  api)eals  in  otlier  civil  cases;  and  where  the  defend- 
ant ai)peal,  if  the  judg-ment  of  the  justice  be  affirmed,  or  if  on  the  trial 
anew  in  the  appellate  coui-t,  judgment  be  given  against  the  appellant, 
such  judgment  shall  be  rendered  against  liim  and  his  securities  in  the 
recognizance  as  in  other  cases  of  appeal,  with  ten  per  centum  interest 
added  thei-eto  as  damages;  but  no  appeal  shall  in  anywise  attect  or  impair 
the  lien  of  the  city  upon  tlie  property  proceeded  against. 

8ec.  16.  Any  constable  for  the  city  of  8t.  Louis  is  hereby  authorized 
to  execute  any  process  which  may  come  into  his  hands,  under  this  act, 
anywhere  in  the  county  of  St.  Louis. 

Sec.  17.  No  property  whatever  shall  be  exempt  from  sale  on  execu- 
tion for  the  payment  of  taxes  now  due,  or  hereafter  to  become  due,  to 
the  city  of  St.  Louis. 

Sec.  18.  All  acts  or  jxirts  of  acts  contraiy  to,  or  inconsistent  with,  the 
provisions  of  this  act  are  hen'hy  repealed. 

This  act  to  be  in  force  and  take  effect  from  and  after  its  passage. 

Appioved,  January  17,  1863. 


AN  ACT 

TO  EXABLE  TUE  MISSOURI  RAILROAD  CO.MPAXV  TO  LAY  A TRACK  ALONG 
CERTAIN  STREETS  IN  THE  CITY  OF  ST.  LOUIS. 

Be  it  enacted  by  the  General  Asaemhly  of  the  State  of  Missouri,  as  folhnvs : 

Section  1.  The  Missoiul  Railroad  Company  are  h(‘rel)y  autliorized  to 
lay  a railroad  track  in  the  city  of  St.  Louis,  along  Sixtli  street,  from  Mar- 
ket street  to  Chesuut  street;  Ihence  westwardly,  along  fdiesnut  sti'e(‘t,  to 
Ninetecmth  street;  th(3nce  southwardly,  along  Niiieti^enth  street,  to  Mar- 
ket sti-eet;  thence  westwardly,  along'  Market  street,  to  Adolphe  sti-eet; 
thence  southwardly,  along  ^Vdolphe  str(H*t,  to  Clark  avenue;  tlumce  w(\st- 
wardly,  along  (dark  aveiuu;,  to  Summit  aviMiiK*;  thence  northwai-dly, 
along  Summit  aveniU3,  to  Market  street  or  Manclu'ster  road;  thenci' east- 
wardly,  along  said  road,  to  connect  with  the  track  now  laid  along  said 
road . 

Sec.  2.  Until  such  time  as  Chesnut  streiit  shall  be  graded  and  macad- 
amized from  Eighteenth  to  Ninetmmth  street,  the  said  I'ailroiid  com|)any 
is  authorized  to  lay  a track  along  Eighteenth  street,  from  Chesuut  street, 
to  connect  with  the  ti’ack  now  or  to  be  laid  in  Market  street,  d'lu'  track 
in  Adolphe  street,  Clark  avenue  and  Sunmut  avenue,  and  Market  street 
I’oad,  shall  he  laid  within  six  months  after  tlu*  sanuj  shall  have  been  gradinl 
and  macadamized.  The  said  company  is  hereby  authorized  to  lay  a track, 
comu'cting  the  tracks  now  laid  on  Market  and  Olive  streets,  along  any 
street  west  of  Eighteenth  street. 

Sec.  3.  The  fon'goiug  authority  is  granh'd  to  said  company:  Provided, 
It  reliiKjuishes  the  right  to  lay  a double  track  along  Mai-ket  street,  gi’anteil 
by  an  act  of  the  General  As'sembly  of  the  State  Of  Missouri,  appi'oved 
January  16,  1860:  and  provided,  further^  That  th(‘  said  company  shall  take 
up  tlu;  swltch{;s  now  laid  in  Market  street  so  soon  as  the  tracks  h(;rein 
authorized  to  be  laid  shall  have  lieen  made  available  for  u.se. 

Sec.  4.  This  acJ  to  taki;  (;ffect  and  be  in  force  trom  and  after  its  passage. 

Aiiproved,  January  21,  1863. 


150 


ASSESSMENT  OF  TAXES— CITY  DEBT. 


AN  ACT 

EXPLANATORY  OF  AN  “ACT  IN  RELATION  TO  TUB  ASSESSMENT  AND  COLLEC- 
TION OF  TAXES  IN  THE  CITY  OF  ST.  LOUIS,  LEVIED  FOR  THE  PURPOSES  OF 
THE  GOVERNMENT  THEREOF,”  APPROVED  JANUARY  17,  1865. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missow'i^  as  follows: 

Section  1.  The  niiith  section  of  the  act  to  which  this  is  explanatory  is 
hereby  amended  by  striking  out  the  words  ^ scire  facias  f ^ in  tiie  third 
line  said  section,  and  inserting  in  lien  thereof,  '■‘•fieri  facias. ' ’ 

Sec.  2.  This  act  to  be  in  force  from  its  passage. 

Approved,  February  14,  1863. 


AN  ACT 

TO  SUSPEND  THE  OPERATION  OP  A PORTION  OF  AN  ACT  ENTITLED  “AN  ACT 
TO  PROVIDE  FOR  THE  REDUCTION  OF  THE  CITY  DEBT  OF  THE  CITY  OF  ST. 
LOUIS,”  APPROVED  MARCH  5,  1855 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri.,  as  follows : 

Section  1.  All  coupons  held  b}"  the  fund  commissioner,  which  are 
payable  by  the  city  of  St.  Louis,  and  which  matured  prior  to  the  first  day 
of  January,  A.  D.  1864,  shall  be  canceled  in  the  same  mnnner  as  bonds 
purchased  by  him  are  canceled,  and  he  shall  be  credited  with  tlie  same. 
All  installments  of  ten  thousand  dollars  per  annum,  due  and  nn])aid  to  the 
fund  commis.sioner  prior  to  the  first  day  of  January,  A.  D.  1864,  which 
are  provided  to  be  paid  by  the  treasurer  of  the  city,  out  of  the  general 
revenue  of  the  city,  on  the" first  Monday  of  October  in  each  year,  shall  not 
be  so  paid,  and  the  fund  commissioner  shall  not  be  entitled  to  receive  any 
portion  thereof. 

Approved,  February  14,  1863. 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  “AN  ACT  FOR  THE  RELIEF  OF  THE  CITY  OF  ST, 
LOUIS,”  APPROVED  MAY  13,  1861. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri : 

Section  1.  Section  three  of  the  act  entitled  an  act  for  the  relief  of  the 
city  of  St.  Louis  aforesaid,  approved  May  13,  1861,  is  hereby  amemled  as 
follows:  The  city  comptroller  and  the  city  treasurer  are  hereby  appointed 
as  commissioners  in  lieu  and  in  the  place  of  James  II.  Lucas,  Louis  C. 
Gamier,  and  I).  H.  Armstrong,  to  do  and  perform  all  the  acts  and  things 
authorized  and  required  to  be  done  and  performed  by  said  commissioners 
in  said  act,  and  the  said  Lucas,  Gamier,  and  Armstrong  shall  C(*ase  to  act 
as  such  commissioners,  and  their  authority  to  act  as  such  shall  be  termi- 
nated upon  the  passage  of  this  act. 

Sec.  2.  Within  thirty  days  after  the  ])assage  of  this  act,  the  said  Lucas, 
Gamier,  and  Armstrong  shall  make  out  a written  statement,  (‘ach  for 
himself,  of  the  amount  of  city  treasury  warrants  provided,  and  signed 
and  issued  by  each  of  them,  and  the  time  of  the  delivery  of  each  issue, 
and  the  amount  thereof,  to  the  treasurer,  which  statenumt  shall  bi'  sworn 
to  by  the  jierson  making  the  same,  and  shall  be  furnished  to  the  comp- 
troller, who  shall  lile  tiie  sani(‘,  in  his  ollice;  the  jqiplications  upon  which 
such  issues  were  made  ti’om  the  mayor  nml  comptrolhn*  shall  also  Ix'  Hied 
at  the  sanu^  tune  in  said  ollice;  the  plah's  and  oth(‘r  proixn-ty  purchased  by 
said  commissioners  for  the  uses  and  purposes  of  said  issiuvs  shall  also  at 


I 


BELIEF  OE  THE  CITY  —WATERWORKS.  IT)] 

the  same  time  be  transferred  to  the  said  C()mi)tro]ler,  to<r(dlier  with  a 
written  statement,  sworn  to  as  aforesaid,  of  the  (a)st  and  expcmses  of  sneh 
plates  and  property,  and  of  the  printing  and  other  work  employed  in  said 
issues,  and  if  the  same  have  been  ])aid  for  by  the  said  commissioners,  in 
whole  or  in  ])art,  the  vouchers  of  such  payment  shall  at  the  same  time  h<‘ 
furnished  and  tiled  with  the  comptroller;  all  city  treasury  warrants  in  the 
possession  ot  said  commissioners,  or  either  of  them,  at  the  time  of  the 
passao^e  of  this  act,  shall  be  delivered  over  to  the  comptroller,  whether 
the  same  be  si<>*ned  or  unsigned. 

Sec.  8.  A tail nre  on  the  part  of  said  commissioners,  James  II.  Taicas, 
Louis  C.  Gamier,  and  I).  II.  Armstrong  to  comply  with  each  and  every 
one  of  the  requirements  contained  in  the  second  section  of  this  act,  shail 
subject  them,  and  each  of  them,  to  a penalty  as  follows,  to- wit:  If  such 
requirements  are  not  fully  complied  with  within  the  thirty  days  aforesaid, 
for  each  day  after  the  expiration  of  such  time  they,  and  each  of  them, 
shall  be  liable  to  pay  to  the  city  of  St.  Louis  the  sum  of  one  thousand 
dollars,  recoverable  in  any  court  having  jurisdiction  of  the  same. 

Sec  . 4.  When  said  commissioners  have  fully  complied  with  the  require- 
ments of  this  act,  the  auditor  of  the  city  of  St.  I.ouis  shall  audit  and 
allow,  and  upon  his  requisition  the  treasurer  of  said  city  shall  pay  to  said 
commissioners  the  amount  of  money  paid  by  them  for  the  plates,  printing, 
and  other  property  procured  by  them  for  the  issuing  of  said  treasuiy 
warrants,  as  also  a reasonable  compensation  for  clerk  hire,  if  any,  accord- 
ing to  the  i)rovisions  of  the  lifth  section  of  the  act  to  which  this  act  is 
amendatory. 

Sec.  5.  The  city  comptroller  and  city  treasurer  of  the  city  of  St.  Louis 
are  authorized  ami  re([uired,  after  thirty  days  from  the  ])assage  of  this  act, 
to  issue  the  amount  of  city  treasury  waVrants  which  have  mit  been  issne(l 
by  the  said  commissionei's,  Lucas,  Garniei*,  and  Armstrong,  on  the  day 
of  the  passage  of  this  act;  and  all  the  powers  and  anthoiity  contained  in 
the  act  to  which  this  act  is  amendatory  ai*e  hen'by  conferred  upon  the 
city  comptroller  and  the  city  treasurer  aforesaid,  in  reference  to  tlie  issue 
of  said  treasury  warrants. 

Sec.  0.  The  issue  of  city  treasury  warrants  anew  in  place  of  such  of 
the  issues  as  may  be  returned  into  the  city  treasury  mutilated  and  worn, 
is  hereby  authorized,  as  also  the  issue  of  three  hundred  thousand  dollars 
of  similar  wari-ants,  snbject  to  the  action  of  the  common  council. 

Approved,  March  28,  1808. 


AN  ACT 

TO  ENABLE  TUB  CITY  OF  ST.  LOUIS  TO  EXTEND  THE  WATERWORKS  THEREOF, 
AND  FOR  OTHER  PURPOSES.  ^ 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

Section  1 . 44ie  city  of  St.  Louis  is  hereby  authoriz(‘d,  by  and  through 
the  agency  of  tive  commissionei's,  to  be  apiiointed  in  the  manner  herein- 
after jirovided,  to  take,  hold,  and  convey  to,  into  and  through  the  said 
city,  the  water  of  tlu*  ^Mississippi  river,  from  any  jioint  On  saicl  river;  and 
may  also  take  and  hold,  by  imrchase  or  otherwise,  an,y  lands  or  real  estate 
neces.sary  for  laying  and  maintaining  aipieducts  for  conducting,  discharg- 
ing, disjiosing  of  and  disti-ibuting  water,  and  for  forming  reservoirs. 

Sec.  2.  The  said  city  may,  by  and  through  tin*  same  agency,  make  or 
build  one  or  more  permammt  res(*rvoirs  at  the  ])oints  hereinlxdbre  named, 
or  in  said  city;  and  may  carry  and  conduct  any  aipieduct  or  other  works, 
by  them  to  be  made  or  construct(*d,  over  or  under  any  water-course,  or 
any  striiet,  turiqiike  road,  railroad,  highway,  or  other  way,  in  such  man- 
ner as  to  not  nnnecessarily  obstruct  or  imp(*de  travel  thereon;  and  may 
enter  upon  and  dig  uj)  any  such  street,  road,  or  way,  for  the  purpose  of 
laying  down  pipes  beneath  the  surface  thereof,  and' for  maintaining  and 
rejiairing  tin*  same;  and  may  occupy,  for  reservoir  imrposes,  all  public 
highways  which  cut  the  ground  selected  for  reservoirs;  and,  in  general. 


152 


WATERWORKS. 


do  any  other  nets  and  things  necessaiy,  or  convenient  and  proper,  for  the 
l)urposes  of  this  act. 

Sec.  3.  Four  coniniissioners  slnill  be  elected  by  tlie  board  ot  common 
council  of  said  city,  who  shall  b(!  citizens  of  the  United  States,  residents 
and  tax-payers  of  the  city  of  St.  Ta^uis — tliret'-fourths  of  the  members 
elect  being  necessary  to  an  election;  and  the  mayor  of  said  city  shall  be  a 
commissioner,  ex  ojficio^  for  the  time  being.  Said  commissioners  shall, 
during  their  continuance  in  office,  execute  and  perform,  and  superintend 
and  direct,  the  execution  and  performance  ot  all  tlie  works,  matters  and 
things  mentioned  in  the  preceding  sections,  which  are  not  otherwise 
specially  provided  for  in  this  act;  they  shall  be  suljject  to  such  ordinances, 
rules  and  regulations  in  the  execution  of  their  said  ti*ust  as  the  common 
council  may  from  time  to  time  ordain  and  establish,  not  inconsistent  with 
the  provisions  of  this  act  or  the  laws  of  this  State;  they  shall,  respectively, 
hold  their  offices  for  the  term  of  five  years  next  after  their  said  election, 
unless  the  works  aforesaid  shall  be  sooner  completed;  but  they,  or  either 
of  them,  after  having  had  an  opportunity  to  be  heard  in  his  or  their 
defense,  may  l)e  removed  at  any  time  by  a vote  of  two-thirds  of  the  com- 
mon council;  and  in  case  of  a vacancy  in  the  board  of  commissioners,  bj" 
death,  resignation,  removal,  or  otherwise,  such  vacancy  shall  be  tilled  by 
the  common  council,  who  shall  hold  his  office  for  the  residue  of  the  said 
term  of  five  years,  with  all  the  powers  and  subject  to  all  the  resti-ictions 
aforesaid.  A major  part  of  said  commissioners  shall  be  a quorum  for  the 
exercise  of  the  powers  and  the  performance  of  the  duties  of  said  office; 
they  shall,  once  in  every  six  months,  and  whenever  re(iuired  by  the  com- 
mon council,  make  and  present,  in  writing,  a particulai-  report  and  state- 
ment of  all  their  acts  and  proceedings,  and  of  the  condition  and  progress 
of  the  works  Jiforesaid.  The  common  council  shall  provide  by  ordinance 
the  manner  of  letting  out  the  work  herein  authorized  to  be  done;  and  the 
general  i)lan  of  said  w'orks  shall  be  approved  by  the  common  council 
before  any  part  thereof  shall  be  executed. 

Hec.  4.  Before  the  election  of  the  commissioners  aforesaid,  the  com- 
mon council  shall  establish  and  hx  the  salaries  or  compensation  to  be  paid 
to  the  commissioners  for  their  services;  and  the  said  salaries  of  the  said 
commissioners,  so  established  and  fixed  as  aforesaid,  shall  not  be  reduced 
noi-  increased  during  their  continuance,  i-espectively , in  said  office.  _ . 

Sec.  5.  Whenever  the  said  office  of  commissioners  shall  cease,  either 
by  the  expiration  of  the  said  term  of  live  years  from  the  original  election, 
or  by  the  comi)letion  of  the  works  mentioned  in  the  preceding  sections  of 
this'act,  all  the  rights,  powers  and  authority  «-iven  to  the  city  of  St. 
Louis  by  this  act  shall  be  exercised  by  the  siiid  city,  subject  to  all  the 
duties,  liabilities  and  restrictions  herein  contained,  in  such  manner,  and 
by  such  agents,  officers  and  servants,  as  the  common  council  shall,  from 
tinie  to  time,  oi'dain,  appoint,  and  direct. 

Sec.  6.  The  said  city  of  St.  Louis  shall  be  liable  to  pay  all  damages 
that  shall  be  sustaim'd  by  any  pei-sons,  in  tlnur  ])roperty,  by  the  taking  of 
any  lands  or  real  estate,  or  i)ublic  streets  or  highways  for  the  purpose  of 
this  act;  and  if  the  owner  of  lands  or  real  estate,  which  shall  be  taken  as 
aforesaid,  or  which  may  be  pei-mancntly  injured  in  value  by  the  taking  of 
any  street  or  highway,  shall  not  agree  upon  the  damng(‘s  to  be  taken 
therefore  [therefor],  he  may  apply  Iw  ])etition  for  tlu^  assessment  of  his 
damages  at  any  time  within  oih‘  ja'ar  from  the  taking  of  such  lands  or 
real  estate,  and  not  aftei*wards,  to'  the  circuit  court  of  St.  Louis  county, 
such  petition  may  be  filed  in  the  clerk's  office  of  said  court  in  vacation, 
or  in  term  time,  and  the  clerk  shall  ther(‘Ui)on  issue  a summons  to  the 
city  of  St.  Louis,  returnable,  if  issued  in  vacation,  to  the  tluMi  m'xt  term 
of  the  same  court,  and  if  in  tenn  time,  returnable  on  such  day  as  the 
said  court  shall  ordcu-  to  appear  and  answer  to  the  said  petition.  The  said 
summons  shall  be  served  twenty  days  at  least  lad'ore  tln‘  ndui-n  d:iy 
tlK'reof,  by  h*aving  a copy  Iberoof,  aiul  of  said  p(4ition  ccMtiruHl  to  by  tin* 
officer  who  shall  serve  the  same,  with  the  mayor  of  the  said  city;  and  tin* 
said  court  may,  ui)on  default  or  h(*:iring  of  said  city,  appoint  tbr(‘e  judi- 
cious and  disi'nten'sted  fre(‘bolders  of  tin*  (.-ounty  of  St.  Louis,  who  shall, 
after  reasonal)le  notice  to  the  parties,  assess  the  damages,  if  any,  which 


WA'J'KIIWOKKS. 


158 


such  jx'titioiH'r  iiuiy  sustniiKMl  as  aforosaid,  and  the  award  of  said 
fiveh()ld(M's,  or  tlu'  nuijor  part,  of  tluaii,  retuiMied  into,  and  ac(‘(;pt(!d 

hy.  th(‘  said  court  slinll  he  tiual,  and  jud;i>;’iueut  sliall  ])(•  rendered  and 
execution  issued  th(‘re:on.  for  th(‘  ])iH^vairm^’  party,  with  costs,  unless  oih‘ 
of  said  pnrties  shall  elaini  a trial  by  jury,  as  lieivinafha*  provided.  If 
('itluM-  of  the  parti('s  shall  he  dissatisfied  with  th(‘  awaial  of  dania,;[»;(‘s  as 
hei'ein  expl•(^ssed , such  pai-ty  may,  at  the  tiaan  at  which  said  awaial  was 
accepted,  oi-  at  the  next  teri’ii  thereafter,  claim,  in  writin<^,  a trial  in  said 
court,  and  have  a jury  lo  hear  and  determine  at  the  bar  of  said  coni-t,  all 
(piestions  of  fact  relatin'):  to  said  damao-es.  and  to  assess  the  amount 
thereof;  and  the  verdict  of  said  jury,  bein'):  accepted  and  recorded  by  said 
(a)nrt,  shall  be  tinal  and  conclusive,  and  jnd«:nient  shall  be  rendered  and 
(“xeention  issued  thereon;  and  costs  shall  be  recovered  by  said  parties, 
respectively,  as  may  be  ordered  by  the  said  court.  In  every  case  of  a 
l)etition  to  the  circuit  court  by  any  person  for  the  assessment  of  da  mao-es 
as  hereiidxdbre  provid(‘d,  tlie  city  of  St.  Louis,  by  any  of  its  otticers, 
may  tender  to  the  complainant  any  sum  that  it  shall  tliink  proper,  or  it 
may  brin<^  the  same  into  court  to  be  paid  to  the  comjdainant  for  the 
damages  claimed  in  his  petition,  and  if  the  comjdainant  shall  not  accept 
the  same  with  his  costs  up  to  the  time,  but  shall  proceed  in  the  suit,  he 
shall  be  entitled  to  his  costs  up  to  the  time  of  the  tender  or  such  payment 
into  court,  and  not  afterward;  and  the  said  city  shall  be  entitled  to  recover 
costs  afterward,  unless  the  claimant  shall  recover  greater  damages  than 
were  so  oft(*red. 

Sec  7.  For  the  pm-pose  of  defraying  all  the  costs  and  expenses  of  such 
lands  and  real  estate  as  shall  be  taken,  pui-chased  or  held  for  the  i)nrposes 
mentioned  in  this  act,  and  of  constructing  all  works  necessary  and  i)roper 
foi- the  accomplishment  of  the  said  purposes,  and  all  expenses  incident 
thereto,  the  common  council  shall  have  authority  to  issue,  and  shall  issue, 
from  time  to  time,  bonds  or  c(*rtilicates  of  debt,  to  be  denominated,  on 
tlui  face  thereof,  “St.  Louis  Water  IJonds,”  Avitli  this  act  printed  on  the 
reverse  side,  Lo  an  amount  not  exc(‘eding,  in  the  whole,  the  sum  of  three 
millions  of  dollars,  b(*aring  interc'st  at  a rate  not  (‘xceeding  six  per  cent. 
l)er  annum;  and  said  interest  shall  be  payable  semi-annually,  and  the 
])rincipal  shall  be  payable  at  periods  not  more  than  thirty  nor  less  than 
twent}^  years  from  the  issuing  of  said  bonds  oi' certillcat(‘s  of  debt,  r(!spe(‘t- 
ively.  And  the  said  commissioners  may  sell  the  same,  or  any  part  thereof, 
from  tim(‘  to  time,  at  public;  oi*  private  sale;,  or  ph'dge  the  same  foi*  money 
bori-owed  foi-  tin*  ])urchases  aforesaid,  on  such  terms  and  conditions  as  the 
said  commissioners  shall  judge  ])rop(.*r.  Such  ])ledges  shall  not  be  of  a 
greater  amount  than  tlfty  thousand  dollai-s  at  any  time,  and  the  common 
council  shall  authorize  said  (;ommlssioners  to  sell  said  bonds,  fi’om  time  to 
time,  or  whenever  th(‘  nec(‘sslties  of  said  woi’ks  shall  recpiire  su(*h  sale  to 
Ixi  made.  Such  bonds,  when  held  by  a citizen  of  the  Stab'  of  Missouri, 
shall  be  exc'inpt  from  taxation  therc'on.  All  bonds  or  certilicatc'S  of  d(d)t, 
to  be  issued  as  aforesaid,  shall  be  sigiu'd  by  the  mayor  and  countersigned 
by  the  coini)troller  and  ti’c'asurc'i*  of  said  (;ity;  and  a rc'cord  of  all  such 
bonds,  or  certllicates  of  dc'bt,  shall  lx;  made  and  kept  by  the  said  comp- 
trolh'i*  and  treasunu’,  i-(;sp(;(;tiv('ly . The  proc-eeds  of  tlx'  sahis  and  pledge's 
of  said  bonds  shall  be  placc'd  on  (Ujposit  in  any  banking  institution  that 
may  be  designab'd  by  the  common  council,  foi-  which  said  institution  shall 
give  satisfactory  security,  to  lx;  approved  by  said  council;  and  all  moneys 
. to  be  paid  on  ac(;ount  of  said  works  shall  be  drawn  uiion  warrants  signed 
by  a majority  of  said  commissioners,  which  warrants  shall  lx;  (xmnter- 
signed  by  the  mayor  and  comptroller;  ajid  if  said  commission(*rs,  or  any 
ot  them,  shall  use  of  any  of  said  mom'y  for  his  or  tlx'ii-  iirivate  purposes, 
shall,  upon  (;onvictlon  of  the  fac.-t  Ix'forc'  tin;  criminal  court,  be  imprisoned 
in  the  iState  prison  not  less  than  two  nor  more  than  live  years. 

Se(X  8.  U'he  common  council  may,  from  time;  to  time,  rc'gulate  the 
prices  or  ri'iits  for  the  use  of  water  supplii'd  by  the  works  now  in  (;xist- 
ence  and  those  hen*in  authoi-izc'd  to  be  construcb;d,  with  a vi(;w  to  the 
])aym(;nt,  from  the  net  income,  rents  and  ri'ci'ipts  thereof,  not  only  of  the 
si'ini-annual  inb'rest,  but  ultimately  of  the  principal,  also  of  tlx;  St.  Louis 
water  bonds,  so  far  as  the  same  may  be  practicable  and  reasonable;  and 


154 


HOUSE  OF  EEFUGE. 


the  said  net  surplus  income,  rents  and  receipts,  after  deductinf^  all 
expenses  and  charges  of  distribution,  shall  be  set  apart  as  a sinkin*^  fund, 
and  sliall  be  appropriated  for  and  toward  the  paymeilt  of  the  principal 
and  interest  of  the  said  bonds;  and  shall,  under  the  management,  control 
and  direction  of  the  mayor,  comptroller  and  treasurer,  and  two  members 
of  the  common  council',  to  be  chosen  by  the  council  annually  therefor, 
who  shall  be  trustees  of  the  said  fund,  be  applied  solely  to  the  ])urpose 
and  use  aforesaid,  until  the  said  bonds  shall  be  fully  paid  and  dischar<^ed; 
and  the  said  trustees  shall,  whenever  thereto  required  by  the  common 
council,  render  a just,  true  and  full  account  to  the  said  common  council 
of  all  their  receipts,  payments  and  doings  under  the  provisions  of  this 
section . 

Sec.  9.  The  city  of  St.  Louis  is  authorized  to  convey  the  water,  by 
means  of  the  works  herein  provided  for,  or  such  additional  works  as  may 
be  necessary,  into  the  city  of  Carondelet,  or  into  any  other  town  or  city 
in  the  county  of  St.  Louis,  whenever  the  said  city  of  St.  Louis  shall  make 
a satisfactory  arrangement  with  any  of  the  said  cities  or  towns  therefor. 

Sec.  10.  That  whenever  a majority  of  the  property  holders  on  anj- 
street,  lane,  or  alley  in  said  citv  of  St.  Louis,  shall  hereafter  petition  for 
water  pipe  to  be  laid  along  such  street,  lane,  or  alley,  or  whenever  two- 
thirds  of  the  members  of  the  common  council  shall,  by  vote,  declare  it  to 
be  necessary,  the  city  sliall  cause  the  same  to  be  laid;  the  cost  of  all  pipe 
and  laying  thereof,  as  above  provided,  shall  be  apportioned  and  charged 
on  the  adjoining  lots,  in  the  proportion  of  their  fronts,  and  be  paid  by  the 
owners  of  such'lots,  res]iectively ; and  they  shall  be  bound  to  pay  for  the 
same  as  though  the  liabilities  were  contracted  by  themselves,  and  may  be 
sued  therefor’ accordingly;  and  the  lots  or  lands  chargealile  therewith  shall 
also  be  held  by  a lien  for  the  respective  apportioned  share  of  sucli  cost 
until  the  same  be  fully  paid.  Such  lien  may  be  enforced  by  special  tax, 
levy,  and  sale,  or  by  proceedings  of  law,  all  according  to  such  provisions 
as  maybe  iirescribed  by  said  common  council;  and  in  no  case  shall  a 
license  be  issued  for  the  use  of  the  water  until  the  tax  for  the  watei*  pijie  has 
been  paid:  Provided^  That  such  tax  shall  not  be  greater,  in  the  opinion  of 
the  mayor,  than  the  cost  of  a six-inch  ])ipe;  and  the  common  council  is 
hereby'authorized  to  assess,  in  like  manner,  the  property  fronting  on  any 
street,  lane,  or  alley  where  a supply  iiipe  is  now  laid,  with  such  portion  of 
the  cost  thereof  as,  in  the  opinion'  of  said  council,  shall  be  equivalent  to 
the  cost  of  a six-inch  supply  pipe,  or  less  if  a smaller  pipe  is  used;  and 
said  council  is  also  hereby  authorized  to  assess  all  property  fronting  on 
any  street  or  alley , or  otlier  way,  where  a water  pipe  is  now,  or  shall 
hereafter  be  laid,'  with  a tax  not  exceeding  one-twentieth  of  one  per  cent, 
per  annum  on  the  valuation  of  such  i)ro])erty;  the  proceeds  of  such  tax 
to  be  disposed  of  in  the  same  manner  as  the  other  revenue  from  the  works 
herein  authorized  to  be  constructed. 

Approved,  March  23,  18G3. 


AN  ACT 

CONCERNING  THE  HOUSE  OF  REFUGE  OF  ST.  LOUIS  COUNTY. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri , as  follows : 

Section  1.  The  act  approved  March  14,  1859.  amendatory  of  the  act 
of  Feliruary  28,  1855,  establishing  a house  of  rid'ugi'  in  St.  Louis  county, 
is  hereby  repealed,  and  the  said  act  of  Fi'liruary  28,  1855,  establishing 
said  house  of  refuge,  is  heri'by  restori'd  and  rc-cnacted,  in  the  form  and 
terms  in  which  it  was  passed  on  said  last-named  date,  as  fully  as  if  said 
amendatory  act  had  not  been  ])ass(*d. 

Sec.  2.  'Tlie  city  of  St.  TiOuis  shall  have  no  jiower.  without  authority 
given  by  the  G(*n<‘ral  Assinnbly,  to  s<>ll,  incumber,  lease,  or  conv(*y  the 
north  half  of  block  numbei’  eighty  of  the  common  of  St.  Louis,  according 
to  the  survey  and  plat  thereof,  inade  by  Gharl(‘s  l)(“Ward.  Ix'ing  the  same 
liroperty  on  which  said  house  of  refuge  stands;  but  the  same  shall  be, 


CONSOLIDAl^^:  ROADS— EXTENDED  NEW  LIMITS.  155 

and  ivinain.  dc'dicatod  to  the  use  of  said  house  of  refuse  forever,  unless 
the  said  Oeneral  Assembly  should  hy  law  otluu-wise  direct. 

Sko.  H.  The  county  court  of  St.  Louis  county  is  here])y  aulhorized  to 
appropriate  from  the  county  treasury  of  said  county,  eacli  year,  the  sum 
of  three  thousand  dollars,  or  more  in  their  discretion,  to  aid  in  the  su})- 
port  of  said  house  of  refuse,  the  same  to  be  paid  to  the  treasurer  of  said 
house  of  refuse,  or  such  other  person  as  may  be  authorized  hy  the  board 
of  manag-ers  to  receipt  for  the  same,  and  to  be  paitl  in  regular  quarterly 
payments. 

This  act  shall  take  effect  upon  its  passage. 

Approved,  March  23,  1863. 


AN  AC  r 

TO  CONSOLIDATE  CERTAIN  ROADS. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Missouri^  as  follows : 

Section  1.  That  the  stockholders  owning  the  Seventeenth  Street 
Branch  Railway,  in  the  city  of  St.  Louis,  are  hereby  authorized  to 
organize  and  consolidate  as  an  inde])endent  company,  in  conformity  with 
an  act  to  authorize  the  formation  of  railroad  associations  and  to  regulate 
the  same,  under  the  name  and  style  of  the  Union  Railway  Company, 
with  all  the  rights  and  franchises  set  forth  in  ordinance  No.  4, 558  of  the 
city  of  St.  Louis,  permitting  the  Union  Railway  Company  to  lay  their 
track  along  certain  streets,  and  likewise  with  all  the  rights  and  franchises 
heretofore  conferred  on  said  Seventeenth  Street  Branch  Railway,  making 
of  the  same  a continuous  road  with  a single  fare. 

Sec.  2.  That  the  said  Union  Railway  Company  may  make  with  the 
Citizens’  Railway  Company  any  ari-angement  for  connecting  with  and 
using  a part  of  its  track,  until  the  completion  of  the  former,  tliat  may  be 
mutually  agreed  upon. 

Sec.  3.  That  all  acts  and  parts  of  acts  inconsistent  with  this  act  are 
hereby  i-epealed . 

Approved,  November  23,  1863. 


AN  ACT 

IN  RELATION  TO  TOE  IMPROVEMENT  OK  STREETS  IN  THE  EXTENDED  NEW  LIMITS 
OF  THE  CITY  OF  ST.  LOUIS. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Missouri^  as  follovjs: 

Section  1.  The  board  of  common  council  of  the  city  of  St.  Louis  shall 
cause  streets  or  poilions  of  streets  in  the  extemhal  new  limits  of  said  city 
to  be  imi)i‘oved  whenever  a majority  of  the  property  holders  I'esident  on 
a street  or  portion  of  a sti-eet  sliall  ]*)etition  therefor. 

Sec.  2,  All  acts  and  ])arts  of  acts,  so  far  as  they  contlict  with  the 
provisions  of  this  act,  are  hereby  nqx'aled. 

This  act  shall  take  ette(;t  and  be  in  full  force  from  and  after  its  passage. 
Approved,  December  12,  1863. 


AN  ACT 

AMENDATORY  OF  AN  ACT  ENTITLED  “AN  ACT  CREATING  A HOARD  OF  POLICE 
COMMISSIONERS,  AND  AUTHORIZING  THE  APPOINTMENT  OF  A POLICE  FORCE 
FOR  THE  CITY  OF  ST.  LOUIS,”  APPROVED  MARCH  27,  1861. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Missouri^  as  foil otos  : 

Section  1.  Section  three  of  the  act  to  which  this  act  is  amendatory,  as 
recited  above,  is  hereby  amended  as  follows:  By  adding  after  the  word 


156  POLICE  COMMISSIONERS— LINDELL  RAILWAY  CO. 


‘ ‘enpacity  ” (in  the  fifth  line  of  tlie  printed  laws  of  tlie  session  of  18G0 
and  1801)  tlie  words,  ^ ‘who  shall  be  ex-officio  president  of  said  hoard;  and 
said  hoard  shall  apjioint  one  of  their  nienibers  as  vice  president,  who 
shall  act  during  the  absence  of  the  president.” 

Sec.  2.  Section  seven  is  hereby  amended  as  follows:  By  adding,  after 
tlie  words  ‘‘chief  of  police,”  the  words,  ‘‘who  shall  give  bond,  with 
security,  in  the  penal  sum  of  twenty  thousand  dollai-s,  for  the  faithful 
performance  of  his  duties.  ’ ’ 

.Sec.  3.  Sections  eight  and  nine  are  hereby  amended  as  follows:  Each 
captain  shall  receive  seventy-five  dollars  per  month;  each  lieutenant 
seventy  dollars;  each  sergeant  sixty-tive  dollars,  and  each  ordinary 
policeman  and  detective  (.sixty  dollars;  each  turnkey  lift}^  dollars, 
])ayable  monthly. 

Sec.  4.  In  addition  to  the  police  force  authorized  by  the  act  to 
which  this  act  is  amendatory,  there  shall  be  ap])ointed,  eni-olled  and 
employed  an  additional  force  of  not  more  than  thirty  men  and  one  cap., 
tain,  and  ordinary  ])olicemen,  as  is  now  by  law  provided,  which  addi- 
tional force  shall  be  used  and  employed  solely  in  the  extended  new  limits 
of  the  city  of  St.  Louis,  at  such  points  thereof,  and  in  such  proportions, 
as  the  several  localities  require. 

Sec.  5.  It  is  hereby  made  the  duty  of  the  board  of  iiolice  commis- 
sioners to  estimate  wiiat  additional  sum  of  money  will  be  necessary  to 
enable  them  to  carry  out  the  provisions  of  this  act,  and  to  certify"  the 
same  to  the  board  of  common  council  of  the  city  of  St.  I.ouis,  who  are 
hereby  required,  as  soon  as  possible,  to  set  ajmrt  and  appropriate  the 
amouiit  so  required,  agreeably  to  section  (15)  fifteen  of  the  act  to  which 
this  is  amendatory.  The  whole  of  said  appropriation  for  police  jiur- 
poses  not  to  exceed  the  sum  of  one  hundred  and  seventy-live  thousand 
dollars. 

Sec.  6.  All  parts  of  the  act  to  which  this  act  is  amendatory,  incon- 
sistent with  the  ])rovisions  of  this  act,  are  hereby  repealed. 

This  act  to  be  in  force  and  take  effect  from  and  nfter  its  passage. 

Approved,  December  12,  1803. 


AN  ACT 

TO  ESTABLISH  THE  LINDELL  RAILWAY  COMPANY. 

Be  it  enacted  by  the  General  Asseinbly  of  the  State  of  Missou7'i : 

Section  1.  That  John  II.  Lightner,  Wayman  Crow,  Dwight  Durkee, 
I.evin  II.  Baker,  John  M.  Krum.  Daniel  R.  Garrison,  William  Patrick, 
Jo.shua  Cheever,  Bernard  Crickhard,  William  D’Oench,  Charles  Iv! 
Dickson,  William  Meyer  and  Morris  Taussig,  and  their  associab's,  are 
hereby  incorporated  under  the  name  of  the  IJndell  Railway  (Company, 
and  by  that  name  and  style  shall  have  iiovver  to  construct  a double-track 
railway,  with  turnouts  and  switches  at  convenient  ])oints,  in  the  city  and 
county  of  St.  Louis,  from  the  west  line  of  Third  str(*et,  at  its  intersection 
with  'Washington  avenue,  in  said  city;  thence  extending  AV(‘stwardly , 
along  the  center  line  of  said  avenue, ‘to  Grand  avimm*;  thence  south- 
wardly, along  the  center  line  of  Grand  avianaq  to  Lindell  avenue,  and 
thence  wesGvardly,  along  the  cenbn-  line  of  Lindell  avenue,  to  the  roail 
called  or  knowm  as  the  Second  King’s  Highway;  also,  along  Fourteenth 
street,  from  Washington  avenue  to  (Jlark  a\a*nue;  tla'iice  along  Clark 
avenue  to  Tayon  avenue;  thence  along Tayon  avenue  to(3iont<‘au  avenue; 
th(*nc(i  along  Cdioutean  avenue  to  Jidhu'son  aveinio,  or  Pratte  aviaiue; 
thence  along  Chouteau  avenue  to  Gi-and  avenue,  and  to  the  inba-section 
of  Chonbani  avenue  and  Manch(‘ster  i-oad : Provided^  That,  insb'ad  of 
following  the  route*,  from  (dark  av(*nu(*  to  (dioutean  avi'inu*,  said  conqiany 
may  extend  its  track  along  Fourteenth  street  to  Chouteau  aveniu*,  an'd 


LINDELL  RAILWAY  (X)MRANV. 


157 


tluMice  iiloiio-  Clioutemi  avenue  to  Pi-atte  aveinu^  or  .lelTersoii  avenue.  Said 
eoini)auy  may  make  an  arrang-ement  for  running-  its  ears  ov(“r  tlni  line  of 
the  R(H)i)le\s  Railway  Ch)mi):my,  alon^  Chouteau  avenue  from  Four- 
teenth street  to  St.  An»-e  avcmue;  and,  in  ease  of  lailure  to  make  sueh 
arrangement,  said  eomi)any  may  lay  sin<!:le  track  along- J^ii)in  aveniu^  and 
Poplar  street,  tVom  Fourteenth  street  to  Tayon  avenue,  and  thene.e  fol- 
low the  route  described  in  this  section;  and  said  corporation,  by  tlu* 
nanu'  and  style  aforesaid  shall  have  povv-er  to  make  contracts  of  cA'cry 
kind  and  nature,  buy,  hold  and  sell  real  and  personal  property,  and  may 
have  a seal,  and  alhu-  the  same  at  pleasure. 

Sue.  2.  The  said  railway  shall  be  operated  for  the  carrying  of  passen- 
gers by  horse-i)ower,  and  the  part  thereof  within  the  limits  of  the  city  ot 
St.  Louis  shall  be  subject  to  the  ordinances,  rules  and  regulations 
ordained  and  established  by  said  city  for  the  govei-nment  of  other  street 
rail  wavs  or  roads. 

Sec.  3.  The  capital  stock  of  said  railway  com]>any  shall  be  six  hun- 
dred thousand  dollars,  divided  into  shares  of  one  hundred  dollars  each; 
but  the  bo.ard  of  directors  of  the  company  may  inci-ease  its  stock  to  eight 
hundred  thousand  dollars  by  a majority  vote  entered  on  the  minutes  ot 
their  proceedings. 

Sec.  4.  The  business  and  affairs  of  said  railway  company  shall  be 
conduct(“d  and  managed  by  a board  of  live  directors*  who  shall  be  stock- 
holders, and  be  elected  annually  by  the  sliareholders,  who  may  vote  by 
proxy,  and  each  shareholder,  or  company,  shall  be  entitled  to  one  vote 
for  each  share  of  stock  ludd  at  the  time*  of  the  election  for  directors: 
Provided,  however,  4'hat  any  i)e)-son  or  company  holding  an  (*xcess  of  two 
hundred  and  fifty  shares,  shall  onh'  be  entitled  to  one  vote  for  every  ten 
shares  of  such  excess. 

Sec.  o.  The  directors  shall  appoint  one  of  their  own  number  presi- 
dent, and  may  a])point  a secretary  and  such  other  ortic(*rs  and  agents  as 
may  be  deenu'd  necessaiy,  and  they  may  make  all  needful  by-laws,  rules 
and  regulations  for  the  company. 

Sec.  G.  The  said  company  shall  c;ommence  the  construction  of  said 
railway  ])etween  Third  and  Eighteenth  streets,  in  the  city  of  St.  Louis, 
within* twelve  months  from  the  passage  of  this  act,  and  .said  i-ailway  shall 
b(^  extended  westwardly  tVom  Eightecmth  stre(*t,  ujx)!!  said  AVashing- 
ton  and  Lindell  avenues,  within  twelve  months  after  .said  av(*nu(*s  shall 
have  b('en  graded,  pavinl,  or  macadamiz(*d,  and  rend(‘i-ed  lit  for  the  con- 
struction of  a railwa}"  on  them,  and  compleh!  .said  railway  track  to  tlu* 
line  of  tlu!  present  city  limits  within  two  years  th(*reafter;  the  directors 
shall  make  calls  for  the  payment  of  the  capital  slock  at  such  tinu's,  and  in 
such  maimer  as  they  may  deem  iirojicr,  and  if  any  stockholdei-  shall  fail 
to  pay  any  such  requisition  within  ten  days  aftei-  the  tinu*  appoint(*d,  the 
conqiany  may  i-ecover  the  .same  by  suit,  with  interest,  and,  if  not  jiaid 
within  tlie  time  prescribed,  may  declai-e  the  stock  forfeited. 

Sec.  7.  The  .said  Lindell  Railway  Company  shall  hav(*  the  right  and 
privih'ge  to  run  their  cars  over  any  track  or  ti-acks  Avhich  may  lx*  con- 
.struct(*d  on  Washington  avenue,  from  Third  street  to  El(*venth  'str(*et,  by 
the  Ih'llefontaine  Railway  (Xmipau}-  or  any  otlu'r  comjiany.  'I'lu^  terms 
of  running  over  .said  tracks  shall  lx*  lixed  lx*tw(*en  .said  companies;  and, 
if  the  terms  can  not  be  agr(*ed  upon  b(*twe(*n  themselves,  th(*n  by  two  dis- 
int(*-rested  parties,  who  shall  be  stockholders  in  .some  str(*et  railway  in  the 
city  of  St.  Louis,  one  of  whom  shall  lx*  cho.sen  by  one  coniiiany,  and 
one  by  the  other  company;  and,  if  said  two  p(*rsons  can  not  agree.  th(*y 
shall  choose  the  third  person,  and  the  d(*cision  of  the  majority  of  the 
three  shall  be  linal. 

Sec.  8.  This  act  shall  continue  in  force  lifty  years  from  its  iiassage,  and 
all  acts  and  parts  of  acts  h(*retofore  (*nacte(i  by  the  Ceneral  Assemblv, 
which  are  contrary  to  or  inconsistent  with  this  act,  are  hereby  repealed. 

Approved,  January  2G,  18G4. 


158 


PUBLIC  HIGHWAY— PAY  OF  POLICE  FORCE. 


AN  ACT 

.TO  DEDICATE  FOR  USE,  AS  A PUBLIC  HIGHWAY,  LAND  IN  THE  CITY  OF  ST.  LOUIS. 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri^  as  follows : 

Section  1.  So  much  of  the  land  now  occupied  by  the  Missouri  Insti- 
tute [Institution]  for  the  Education  of  the  Blind,  as  lies  within  the  lines  of 
Twentieth,  a^ia6- Nineteenth  street,  as  now  established,  sixty  feet  wide, 
by  city  ordinance  nuinlxu-  4,724,  between  Morgan  street  and  Franklin 
avenue,  in  the  city  of  St.  Louis,  is  hereby  dedicated  to  public  use  as  a 
street. 

Sec.  2.  The  city  of  St.  Louis,  through  its  authorized  officers,  is  hereby 
empowered  to  take  possession  of  and  improve  the  same,  in  accordance 
with  the  laws  in  such  case  made  and  proviiled. 

This  act  to  take  effect  from  and  after  its  passage. 

Approved,  January  26,  1864. 


AN  ACT 

TO  PROVIDE  FOR  THE  PAYMENT  OF  THE  POLICE  OF  THE  CITY  OF  ST.  LOUIS. 
Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missow'i^  as  follows  : 

Section  1.  For  the  purpose  of  providing  additional  means  for  paying 
the  police  force  of  the  city  of  St.  Louis,  the  board  of  common  council  of 
said  city  shall  levy  an  additional  tax  of  one-tenth  of  one  per  centum  on  all 
property  in  said  city  made  taxable  by  law  for  State  purposes  for  the  j^ear 
eighteen  hundred  and  sixt}^ -four,  and  for  each  year  thereafter;  and  all 
moneys  collected  from  such  tax  shall  be  set  apart  as  a special  fund,  to  be 
used  for  no  other  purpose;  and  any  ordinance  of  said  board  ajipropriating 
any  part  of  said  moneys  to  any  other  use  or  purpose,  shall  be  utterly 
void. 

Sec.  2.  In  addition  to  the  appropriation  already  made  by  said  board  for 
the  support  of  the  city  government  for  the  liscal  year  ending  the  tirst 
Monday  of  April,  eighteen  hundred  and  sixty-four,  the  said  board  may 
make  additional  appropriations  prior  to  said  date  for  the  payment  of  said 
police  force  during  said  fiscal  year,  anything  in  existing  laws  to  the  con- 
trary 1 1 ot  witl  1 s tan  din  g . 

Sec.  3.  The  county  of  St.  Louis  shall  be  chargeable  with  one-fourth  of 
the  whole  expense  of  the  police  force  of  sUid  city  of  St.  Louis  for  the  year 
eighteen  hundred  and  sixty-four,  and  for  each  year  thereafter,  and  the 
county  court  of  said  county  shall,  troin  time  to  time,  appropriate  money 
out  of  the  county  treasury  to  meet  that  projiortion  of  said  expense;  and 
whenever  the  ssiid  board  of  police  commissioners  shall  need  money  to 
meet  the  exjienses  of  said  police  force,  they  shall  make  requisition  upon 
said  county  for  one-fourth,  and  iqion  said  city  for  three-fourths  thereof. 

Sec.  5.  [4.]  This  act  shall  take  effect  upon  its  passage. 

Approved,  February  5,  1864. 


AN  ACT 

AUTHORIZING  THE  MAYOR  AND  COMMON  COUNCIL  OF  THE  CITY  OF  ST.  LOUIS 
TO  ISSUE  THE  BONDS  OF  THE  CITY  TO  PURCHASE  THE  ST.  LOUIS  GAS  COMPANY 
WORKS. 

Whereas,  It  is  provided  in  the  charter  ot  the  St.  Louis  Gaslight  Com- 
pany that  the  city  of  St.  Louis  shall  have  the  jirivilege  of  iiurclKising  the 
said  conqiany’s  works  in  twenty-five  years  from  the  tirst  day  of  .lanuary, 
1840,  by  the  city  council  giving  to  said  company  six  months’  notice  prior 


G ASWOKKS— BKI.LEFONIW I NE  RAI L VV A V (X) . 


159 


to  tlie  first  day  of  frnimiirv,  ISfo;  and  whereas,  the  s;iid  city  council  nuiy 
desire  to  imrcluise  the  ^•aswoi’ks  aforesiiid,  at  the  time  aforesaid;  and 
whereas^  to  eiialile  the  city  to  pnrcliase  tlie  woi'ks  of  said  company,  it  is 
necessary  to  have  authority  to  issue  the  honds  of  the  city,  to  h(‘  converh'd 
into  money  to  pay  for  the  same  in  case  tlio  city  decides  to  purchase; 
theretore , 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri^  as  follows : 

Section  1.  It  shall  and  may  he  lawful  for  the  city  of  St.  Louis,  at  any 
time  after  the  common  council  of  said  city  shall  decide  to  purchase  the 
o-asworks  of  the  St.  Louis  Gas  Company,  to  issue  the  honds  of  the  city, 
in  sums  of  one  thousand  dollars  each,  bearing  six  per  cent,  interest,  and 
having  twenty  or  less  yeairstorun,  to  any  amount  the  said  city  council 
shall  determiim  as  necessary  for  the  purchase  of  the  gasworks  aforesaid, 
and  the  said  bonds  may  be'sold,  and  the  proceeds  applied  to  the  purchase 
aforesaid,  and  to  no  other  purpose  whatever. 

This  act  to  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  February  5,  1864. 


AN  ACT 

TO  INCORPORATE  THE  BELLEFONTAINE  RAILWAY  COMPANY  OF  ST  LOUIS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri^  as  follows: 

Section  1.  That  A.  W.  Henry,  Felix  Coste,  M.  AV.  Warne,  Norman 
Cutter,  Silas  Bent,  Jacob  P.  Tirrill,  A.  L.  Holmes,  G.  W.  Eltonhead, 
W.  D.  Griswold,  Charles  W.  Irwin,  Ridgeway  Hogue,  IL  M.  Kittrick, 
and  their  associates,  are  hei-eliy  created  a bod}' politic  and  corporate,  by 
the  name  of  the  Bellefontaine  Railway  Company,  with  a capital  stock  of 
one  hundred  thousand  dollars,  with  the  privilege  of  increasing  the  same 
to  such  an  amount  as  maybe  necessary  for  the  construction  and  e(]uipment 
of  said  railway,  not  to  exceed  live  hundred  thoui^and  dollars;  and  by  said 
name  inaj"  sue  and  be  sued,  plead  aud  he  impleaded,  in  all  courts;  may 
have  a coriiorate  seal  and  alter  the  same  at  jileasure;  and  the  said  railway 
company  shall  have  i)Ower  to  hold,  purchase  and  conv(*y  such  real 
and  personal  estate  as  the  ])urposes  of  said  company  maj^  re(|uire;  to 
appoint  such  subordinate  ollicers  and  agents  as  the  business  of  said 
com])any  may  recpiii'c,  and  allow  them  suitable  (*omp(*nsation ; to  make 
by-laws  for  the  managiunent  of  i.ts  property,  the  regulation  of  its  affairs, 
and  for  the  traiLsfer  of  its  stoek;  and  may  continue  and  have  succession 
for  lifty  years,  and  shall  he  subject  to  siicli  taxation  as  other  ])ropertv. 

Sec.  2.  The  said  railroad  company  shall  have  power  to  construct, 
maintain  and  o])ei-ate  a double  or  single  traek  railway,  with  turnouts  ami 
switches  at  convenient  points,  in  the  city  and  county  of  St.  liOiiis,  from 
the  west  line  of  Third  street,  at  its  intersection  with  Washington  avenue; 
thence  westwairdly  along  .said  avenue,  to  Ninth  street;  thence,  with  a 
douhle  or  single  track,  on  said  Ninth  street,  to  Green  street;  thenee,  with 
a dou])le  or  single  track,  on  Green  street,  to  Tenth  sti'eet;  thence,  with 
a douhleor  single  track,  on  Tenth  street,  to  Herbert  street;  also,  on  Wash- 
ington avenue  westwardly  to  Eleventh  street;  them;!',  with  a double  or 
single  track,  on  Eleventh  street  to  Herbert  street;  thence,  with  a double 
or  single  track,  on  Hei  hert  street,  to  Twentieth  street;  tlumce  on  Twentieth 
street,  or  on  Herbert  street,  to  Kossuth  avenm^;  themjc;  on  Kossuth  avenue 
to  Grand  avenue;  also,  with  the  privilege  of  extending  said  railway,  by 
bi’aneh  tracks,  northwardly  from  Herbert  on  any  street  or  streets  now 
ojien  or  tolx;  hereafter  opened  to  the  Bellefontaine  and  Calvary  ceimderies. 

Sec.  3.  It  shall  he  lawful  for  the  said  railway  company  to  borrow 
money  and  mortgage  its  railway  equipments  and  franchises,  in  sucfi 
manner  and  for  such  an  amount  as  the  hoard  of  directors  may  deem  best. 

Sec.  4.  The  said  railway  shall  be  operated  by  horse  power  only  within 
the  limits  of  the  city  of  St.  Jjouis. 


160 


IlEVrSIO^  OF  CITY  (TIARTPIR. 


Sp]C.  5.  The  business  jiiul  affairs  of  said  railway  company  shall  be 
conducted  and  managed  b)^  a board  of  five  directors,  who  shall  l)e  chosen 
from  tliecorporatoi’s  named  in  this  act,  at  a meeting  held  by  said  corpora- 
tors at  such  time  and  jdace  as  may  be  agreed  upon  by  any  three  of  said 
cor])orators.  At  said  meeting  a majority  of  said  corporators  shall  vote  in 
person  or  by  ])roxy  for  the  election  of  the  said  five  directoi-s,  each 
coi-poi-ator  casting  one  vote,  and  those  persons  having  the  lai'gest  number 
of  votes  cast  shall  be  declared  elected,  and  shall  hold  their  offices  for  one 
year  after  this  act  is  in  full  force  and  effect,  and  until  their  successors  are 
elected  and  qualified.  On  the  first  Tuesday  in  April,  annually,  after  the 
said  election,  the  stockholders  of  said  railway  company,  between  the 
hours  of  ten  in  the  forenoon  and  three  in  the  afternoon,  and  at  such  time 
and  place  as  the  board  of  directors  shall  appoint,  shall  hold  an  election  to 
choose  five  directors  to  serve  for  the  ensuing  year  and  until  their  successors 
are  duly  elected,  and  a written  or  printed  notice  of  every  such  election,  or 
any  special  election,  shall  be  given  to  every  stockholder,  i)ersonally  or 
through  the  postoflice,  at  least  ten  days  bcTore  the  day  of  election ; but 
if,  from  any  cause,  an  election  be  not  held  on  the  day  sirecilied,  it  may  be 
held  on  any  other  day  which  may  be  appointed  by  the  board  of  directors. 
All  elections  shall  be  by  ballot,  and  the  name  and  number  of  sbares  of 
each  stockholder  shall  be  endorsed  on  his  ballot,  every  stockholder  being 
entitled  to  one  vote  for  each  share  of  his  stock,  and  he  may  vote  in  person 
or  by  proxy,  and  those  persons  receiving  the  lai-gest  number  of  votes 
shall  be  declared  elected,  and  in  case  of  a tie  vote  between  any  two  persons, 
both  of  whom  can  not  become  a director  without  increasing  the  number 
of  the  board,  the  remaining  members  of  the  board  shall  decide  which 
shall  serve. 

Sec.  6.  The  first  board  of  directors  shall  ojien  books  for  the  subscrip- 
tion of  stock  in  the  said  railway  company . and  the  payment  of  stock  shall 
be  made  at  such  times  and  in  such  simis  as  the  board  of  directors  may 
require;  and  the  board  shall  have  power  to  provide  for  the  forfeiture  to 
the  company  of  the  stock  of  those  who  fail  to  make  such  payment,  and  to 
elect  a president  and  secretary. 

Sec.  7.  The  said  railway  conqiany  shall  commence  the  constrnction  of 
said  railway  within  twelve  months  from  the  first  day  of  April,  1804,  and 
be  completeil  to  Herbert  (or  Hebert  street),  within  three  years  thereafter. 

Sec.  S.  The  said  Bellefontaine  Railway  Company  shall  have  the  right 
and  jnlvilege  to  run  their  cars  over  any  track  or  tracks  which  may  be 
constructed  on  Washington  avenue,  froiii  Third  street  to  Plleventh  street, 
by  the  Lindell  Railway  Company,  or  any  other  conqiany.  The  terms  of 
running  over  said  tracks  shall  be  fixed  between  said  companies,  and  if 
the  terms  can  not  be  agreed  upon  betw(‘en  themselves,  then  by  two 
disinterested  persons,  who  shall  be  stockhold(*rs  in  some  street  railway  in 
tbe  city  of  St.  Louis,  one  of  whom  shall  be  chosen  by  one  company  and 
one  by  tbe  other  company,  and  if  said  two  persons  ai-e  unable  to  agree, 
they  shall  choose  the  third  person,  and  the  decision  of  the  majority  6t  th<‘ 
three  shall  be  final. 

Sec.  9.  All  acts  and  parts  of  acts  contlicling  with  this  act  are  hereby 
repealed . 

This  act  to  take  effect  and  be  in  full  force  from  and  after  its  passage. 

Approved,  February  8,  18(14. 


AN  ACT 

TO  PROVIDE  FOR  A REVISION  OF  THE  CHARTER  OF  THE  CITY  OF  ST.  LOUIS. 

Be  it  enacted  by  the  General  AfiHembly  of  the  State  of  MisHouri^  as  follov's: 

Section  1.  At  the  city  (‘lection  to  be  h(‘ld  in  the  city  ot  St.  Tamis  on 
the  first  Monday  in  Ajiril,  eight(*en  hundred  and  sixty-four,  llu'n'  shall 
b(*  elected  by  tlu*  (jualifii'd  voters  of  (‘iicb  ward  of  said  cify  oiu'  delcgali*  to 
a city  convention,  for  tbe  jiurpose  of  revising  tbe  (4iart(‘r  of  said  city  and 
framing  a bill  for  a new  charter  fherefoi-. 


BENEFIT  OF  THE  CITY  OF  ST.  LOUIS. 


IGl 


Si:o.  2.  No  ])oi-soii  shall  be  ell^-iblo  to  a seat  in  said  convention  unless 
be  be,  at  the  tinn'otbis  eb'ction,  at  b'ast  thirty  years  of  a^(*,  and  shall  have 
resided  in  said  eity  at  baist  live  years  next  pi-ecedin^  bis  election,  and 
shall  bav(‘  taken  and  tiled,  in  tl’u'  cbn-k’s  ollice  of  the  St.  Ta)nis  county 
court,  the  oath  i)rescribed  in  the  second  section  of  the  oi-dinance  of  June 
lOtb,  18()2,  entitled  “an  ordinance  dertning  the  qiialitications  of  voters 
and  civil  otlieers  in  this  State.’’ 

Si'X’.  IL  No  deleo-ate  to  said  convention  shall  receive,  directly  or  indi- 
rectly. any  compensation  for  bis  services  as  such. 

Sec.  4."  The  first  meeting-  of  said  convention  shall  be  held  in  the  cham- 
ber of  the  board  of  common  council  of  said  city,  on  the  first  Monday  of 
]\lav,  eighteen  hundred  and  sixty-four,  and  subsequent  meetings  may  be 
ludd  at  such  times  as  may  be  determined  by  a vote  of  the  body.  At  all 
meetings  six  members  shall  be  suthcient  to  constitute  a quorum  for  the 
transaction  of  business,  but  a less  number  may  adjourn  over  and  send  for 
absent  members. 

Sec.  5.  The  said  convention  shall  elect  one  of  their  number  to  be 
president  of  the  body,  and  shall  also  elect  a clerk,  whose  duty  it  shall  be 
to  kee])  an  accurate  record  of  the  proceedings  of  the  convention,  and  to 
perform  such  other  services  as  the  convention  may  reciuire.  He  shall 
receive  a compensation  for  his  services  at  the  rate  of  not  exceeding  five 
dollars  for  each  day  upon  which  he  shall  attend  the  sittings  of  the  conven- 
tion, to  be  i)aid  ont  of  the  treasury  of  the  city,  upon  the  certiticate  of  th(‘ 
president. 

Sec.  6.  The  said  city  shall  provide  said  convention  with  all  neetled 
stationery,  and  shall  pay  all  expenses  which  may  be  certitied  by  the 
president. 

Sec.  7.  The  ])roceedings  of  said  convention  shall  be  governed  by  the 
standing  rules  of  the  board  of  common  council  of  said  city,  so  far  as  the 
same  may  be  apjdicable,  but  the  convention  may  change  the  said  rnles  or 
adopt  others  at  its  discndion. 

Sec.  8.  4’he  said  convention  shall  candidly  examine  the  chai-terof,  and 
all  laws  ap])licable  to.  said  city,  and  ])i-octVd  to  frame  a bill  tor  a new 
charter  therefor,  which,  when  adopted  by  that  body,  shall  he  ])rinted  in 
the  form  in  which  bdls  for  h'gishitive  bodies  are  usually  printed,  and  two 
hundred  cojiies  thei-eof  shall,  by  the  president  of  the  convention,  be  laiil 
before  the  lU'xt  Uenei-al  Assembly,  at  its  tirst  regular  session,  d’lu*  said 
bill  shall  be  published  in  the  newsiiaixo's  in  said  city  which  jmblish  the 
procei'dings  of  the  board  of  common  council,  at  haist  thirty  days  before 
the  tirst  regular  si'ssion  of  the  lU'xt  (General  Assembly. 

Sec.  t).  Should  any  vacancy  occur  in  said  convention  by  di*ath,  resig- 
nation, ())•  removal  from  tlu;  city.  th(‘  same  shall  be  tilh'd  by  apiiointment 
by  the  mayor,  with  the  consent  of  tin*  boai-d  of  common  council  of  said  city. 

This  aci  shall  taki^  eth'ct  upon  its  jiassage. 

Ai)p roved,  February  LI,  18()4. 


AN  AaT 

FOR  THE  HENEFIT  OF  THE  CITY  OF  ST.  LOUIS. 

Be  it  enacted  by  the  (ieneral  AsHernbly  of  the  State  of  Missouri^  as  follows : 

Section  1.  That  the  city  council  of  the  city  of  St.  I.onis  shall  have  full 
l)OW(!r,  with  the  aiiproval  of  the  mayor,  to  d(*'t(*rmine  all  ipiestlons  ai-ising 
with  reterence  to  str('(*t  railroads  in  tin*  corjioratii  limits  of  said  (*ity, 
whethei-  such  ipiestions  may  involve  the  ineor])oration  of  companies  to 
construct  such  str(‘(‘t  railroads,  granting  the  right  of  way,  or  regulating 
and  controlling  any  such  railroads  afp'r  theii-  comidetion. 

Sec.  2.  The  city  council  of  said  (-ity,  with  the  aiiproval  of  the  mayor, 
shall  have  full  jiower  to  si'll  the  right  of  way  for  such  str<*et  railroads  to 
the  highest  bidder,  having  giv(*n  at  [least]  one  month’s  notice  thereof  in 
the  iK'wspapers  published  in  said  city;  the  proceeds  of  such  sale  or  sah's  to 
H 


162 


SUT*PLEMENTARY  ACT— PUBLIC  PARK. 


be  applied  to  the  benelit  of  the  common  schools  within  the  limits  of  said 
city.  Further  i)ower  is  hereby  given  to  tax  the  stock  or  other  property 
of  street  railroad  companies,  in  all  cases  not  conti*avening  existing  laws. 
Skc.  3.  This  act  to  take  effect  from  and  after  its  passage. 

Approved,  February  15,  18G4. 


AN  ACT 

TO  REPEAL  THE  FIRST  AND  SECOND  SECTIONS  OF  AN  ACT  ENTITLED  “AN  ACT 

SUPPLEMENTARY  TO  THE  SEVERAL  ACTS  INCORPORATING  THE  CITY  OF  ST. 

LOUIS,”  APPROVED  JANUARY  16,  1860. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

Section  1.  That  the  tirst  and  second  sections  of  an  act  entitled  “an 
act  supplementary  to  the  several  acts  incorporating  the  city  of  St. 
Louis,  ’ ’ approved  January  IG,  18G0,  he  and  the  same  are  hereby  repealed. 

Sec.  2.  The  cost  of  paving,  macadamizing,  or  otherwise  improving, 
constructing,  reconstructing,  and  repairing  all  streets,  alleys,  and  other 
liighways  in  the  city  of  St.  Louis,  which,  under  existing  laws,  is  charge- 
able to  the  property  adjoining,  or  in  the  vicinity  of,  such  work,  shairbe 
assessed  by  the  city  engineer  as  a special  tax  against  such  property,  in 
such  manner  as  the  common  council  may,  by  ordinance,  direct,  and  shall 
be  collected  as  other  taxes  are  collected,  according  to  the  provisions  of  an 
act  of  the  General  Assembly  of  the  State  of  Missouri,  entitled  “an  act  in 
relation  to  the  assessment  and  collection  of  taxes  in  the  city  of  St.  Louis, 
levied  for  the  purposes  of  the  government  thereof,  ” approved,  Januarv 
17,  18G3. 

Sec.  3.  Nothing  herein  contained  shall  be  so  construed  as  to  affect  any 
proceedings  in  any  court,  or  the  collection  of  any  specaal  taxes  assessed 
by  the  city  engineer,  under  the  provisions  of  the  sections  of  the  act  hereby 
repealed,  that  may  have  been  commenced  or  assessed  before  the  approval 
of  this  act. 

This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  Februaiy  15,  18G4. 


AN  ACT 

TO  ESTABLISH  A PUBLIC  PARK  FOR  THE  UsE  OF  THE  INHABITANTS  OF  THE 
CITY  OF  ST.  LOUIS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

Section  1.  The  commissioners  hereinaftei-  appointed  are  hereby 
authorized  to  select  and  designate  such  })iec(‘s  or  parcels  of  land,  situate, 
lying,  and  being  west  and  m^ar  the  city  of  St.  Louis,  not  to  exceed,  in 
all,  three  hundred  and  fifty  acres,  as,  in  their  judgment,  shall  be  best 
adapted  for  a public  ])ark,  and  which  can  be  obtained  or  secured  on  the 
most  reasonable  terms  for  that  jiurpose;  and,  when  so  selected  and  desig- 
nated, the  same  shall  beset  apart  and  improved,  in  accordance  with  the 
provisions  of  this  act,  to  be  a public  jiark,  for  the  u.se  and  benelit  of  the 
inhabitants  of  the  city  of  St.  I^ouis,  to  ]>e  held  and  used  as  a public  jiark 
foiTiver. 

Sec.  2.  The  commissioners  henunafter  appointed  are  hereby  author- 
ized to  enter  upon  and  take  possession,  for  the  city  of  St.  Louis,  of  the 
land  above  descrilx'd,  for  the  use  afori^said,  and  to  close  up  th<i  striads 
and  avenues  laid  out  thi*ough  the  same,  and  iiuGosc^  the  land  so  taken,  and 
make  such  imjirovements,  tfom  time  to  time,  as  they  may  deem  u(‘C(*ssary 
and  ])roper  for  a pubfu*  park. 

Sec.  3.  There  is  hereby  cri'ated  a board  ot  commissioners,  to  consist 
of  seven  members,  to  be  styled  “The  Commissioiu'rs  of  the  (k'ntral 


PUBLIC  PAHK. 


loa 

Park,  ” ^vho  shall  rcprosiMit  tho  cit}'  of  St.  Louis  in  all  thiiiij^s  ])ortainin^ 
to  said  i)ark ; shall  inak(‘ all  nocossary  lailos,  ivi^^ulatioiis  and  by-laws  for 
tlu*  o-ovoi-niiKMit  of  said  i)ark.  and  Ihe  transaction  of  business  pcrtaiidn^ 
to  the  same;  they  shall  appoint  all  agents,  en^neers  and  superinhmdents 
of  the  work  and  o-roiinds,  and  lix  the  wa«es  of  all  eini)loyes;  shall  hav(‘ 
control  of  all  moneys  ])rovid(‘d  for  the  improvement  of  said  pai-k;  they 
shall  mak('  an  annual  i-eport  of  their  proceedings  and  exi)enditui-es  to  the 
common  council  of  the  city  of  St.  Louis,  which  report  shall  show  the  i)ro- 
gress  of  the  work  on  the  tirst  day  of  October  in  that  year,  and  shall  be 
turnisluHl  to  the  council  within  thirty  days  after  that  date. 

Sec.  4.  The  mayor  of  the  city  of  St.  Louis,  the  comptroller  of  the 
city  of  St.  Louis,  and  the  ])resident  of  the  common  council,  shall  he  ex- 
o^cio  members  of  said  board  of  commissioners,  and  the  remaining  four 
snail,  after  the  expiration  of  the  term  of  those  hereinafter  appointed,  be 
elected  by  the  common  council  of  the  city  of  St.  Louis,  and  shall  hold 
their  office  for  four  years,  and  until  their  successors  are  elected  and  quali- 
fied. The  first  board  shall  consist  of  John  II.  Lightner.  James  B.  Lads, 
Henry  Shaw,  and  William  McPherson;  two  of  those  named  shall  hold 
their  oflice  until  the  tirst  day  of  January,  18GG,  and  two  shall  hold  their 
oftice  until  the  first  day  of  January,  18G8,  to  be  determined  b}'  lot,  at  the 
tirst  meeting  of  the  board. 

Sec.  5.  The  board  of  commissioners  herein  provided  for  shall,  after 
the  passage  of  this  act,  proceed  to  organize,  without  imnecessaiy  delay, 
and  may  proceed  to  acquiie  the  title  to  the  property  herein  described,  or 
any  part  thereof,  by  jirivate  purchase,  or  by  lease,  with  the  privilege  of 
purchase  at  a price  to  be  fixed  at  the  time  of  making  the  lease.  But  if  no 
such  purchase  or  lease  can  be  made  on  terms  deemed  just  and  reasonable 
l)y  the  commissioners,  then  it  shall  be  the  duty  of  said  board  to  cause 
said  land,  or  so  much  thereof  as  shall  not  have  been  purchased  or  leased, 
to  be  condemned  for  i)ublic  use. 

Sec.  G.  If  the  board  of  commissioners  find  it  necessary  to  condemn 
said  land,  or  any  jiart  th(*reof,  they  shall  notify  the  city  counselor  of  the 
city  of  St.  Louis,  who  shall  give  notice  that,  on  a day  to  be  named,  the 
city  of  St.  lamis  will  inaki;  application  to  the  St.  Louis  land  com-t.  or 
the  judge  theriaif,  in  vacation,  for  the  apiiointment  of  commissioners  of 
estimate  to  aiijiraise  fhe  land  mentioned  in  the  notice*,  for  public  use, 
which  notice  shall  be  addressed  to  all  whom  it  may  concern,  and  shall  he 
published  in  two  newspapers  published  in  the  city  of  St.  Louis,  for  at 
least  one  w(*ek  before  the  day  named  upon  which  application  is  to  be 
made . 

Sec.  7.  Upon  jiresenting  the  application  to  the*  land  court,  or  the 
judge  ther(*of,  in  vacation,  with  evidence  of  flu*  pulilication  as  above 
required,  the  court,  or  judge  thereof,  ii;  vacation  (as  the  case  may  be), 
shall  })roc(!ed  to  ap})oint  five*  discreet  citizens  of  the  city  of  St.  Louis  as 
comriussioners  of  estimate,  who  shall  go  upon  the  land,  and  car(*fully 
examiiu;  the  same,  and  assess  flu*  value  then'of,  to  be  paid  l)y  the  city  for 
the  land  so  taken  for  public  use;  and  shall  also  view  the"  land  iii  the 
vicanity  of  the  pi'oposed  ])ubllc  i)ark,  and  assess  against  the  saim*  the 
value  of  the  l)en('fits  to  accrue  to  such  land  from  the  establishment  of  said 
public  ])ark,  and  shall,  without  unreasonable  delay,  make  a rei)ort  to  the 
land  court  of  their  j)roce(*dings. 

Sec.  8.  A copy  of  said  i-eport,  and  maps  of  tin*  land  condemned  for 
the  ])ark,  and  all  lands  assess(‘d  for  benelits,  shall  be  lih‘d  in  the  city 
engineer's  otlice,  and  a notice  given  of  the  same  by  publication  in  some 
newsi)ai)er  i)ublished  in  St.  Louis,  for  one  we(dv  ])efore  said  r(;poit  is 
returned  to  the  land  court,  and  such  report  shall  be  open  to  the  insi)ection 
of  all  parties  interested. 

Sec.  1).  Upon  the  coming  in  ot  said  r(‘])ort,  sigiu'd  by  the  commissioiiers, 
or  any  three  ot  them,  the  said  court  shall,  by  rule  or  order,  after  heiiring* 
any  matt{*r  that  may  be  alh*ged  against  the  same,  either  contirm  the  said 
report  in  full,  or  any  ])art  thereof,  or  reter  the  same  back  to  said  commis- 
sioners for  nnisal  or  correction,  or  to  new  commissioners,  to  be 
a])point(!d  by  the  said  court,  to  reconsider  the  subject  matter  thereof;  and 
the  said  conimissioners,  to  whom  the  said  report’ shall  be  referied,.  shall 


164 


PUBLIC  PAPK. 


return  the  .said  r(‘poi-t,  corrected  and  i-cnised,  or  a new  report,  to  be  made 
])y  them  in  the  })remises,  to  the  said  court  without  nnm'cessary  delay;  on 
the  .same  h(*ing  so  Kdiirned,  shall  be  contirm(‘d,  as  a whole  oi'in  part,  or 
a^’ain  referred  in  maimer  aforesaid,  as  to  the  said  court  it  shall  appear 
that  ri«ht  and  justice  requires,  and  so,  from  time  to  time,  until  a reiiort 
shall  be  made  and  i-etnrned  in  the  premises  which  tHe  .“^aid  court  shall 
conlirm  in  full,  and  such  report  or  reports,  when  eontirmed,  shall  be  linal 
and  coiicln.sive,  as  well  iqioii  the  city  of  !St.  Louis  as  iqion  the  owners,  les- 
sees, and  pei'.sons  or  parties  intere.sted  in  or  entitled  unto  the  lands  and 
premises  hereinbefore  de.scribed,  and  upon  all  ])ersoiis  who.se  lands  have 
been  assessed  for  lienefits,  and  also  upon  all  persons  whomsoever;  and  on 


such  tinal  conlirmation  of  such  report  by  the  said  court,  the  city  of  8t. 
Louis  shall  become  and  be  seized  in  fee  simple  absolute  of  all  said  lands, 
tenements,  and  premi.ses  hereinbefore  de.'^cril^ed,  and  all  the  rights  and 
privileges  thereto  belonging,  in  trust,  nevertheless,  for  the  uses  and  i)nr- 
poses  of  a public  park  forever,  subject  only  to  the  i)ayment  of  the  bonds 
that  may  be  issued  for  the  purchase  money;  and  ail  leases,  covenants 
and  contracts  between  landlord  and  tenant,  peitaining  to  any  of  the  lands 
so  taken  for  public  use,  shall  cease  and  determine  upon  the  conlirmation 
of  such  report. 


8ec.  10.  The  board  of  commissioners  of  the  Central  Park  .‘^hall . after 
they  have  taken  possession  of  said  lands  for  the  city  of  8t.  Louis — pro- 
vided the  said  report  shall  be  eontirmed  in  full,  and  if  the  same  shall  not 
be  then  eontirmed,  then  after  it  shall  be  eontirmed  by  the  coni  t — pay,  on 
behalf  of  the  city  of  St.  Louis,  to  the  respective  pei’sons  or  parties  men- 
tioned or  referi-ed  to  in  the  said  report,  in  who.se  favor  any  sum  or  sums 
of  money  shall  be  estimated  or  reported  by  the  commis.sioners  of  estimate, 
the  respective  sum  or  sums  so  estimated  and  reported  in  their  favor, 
resi)ectively ; and  in  ca.se  of  neglect  or  default  in  the  payment  of  tin?  same 
to  the  resi)ective  persons  or  l)arti(^s  in  whose  favor  the  same  shall  be 
reported.  Ids,  her,  or  their  executors,  administi-ators,  or  a.ssigns,  at  any 
time  after  ai)])lication  to  the  mayor  of  the  city  of  8t.  Louis,  or  tlu'  jn-esi- 
dent  of  said  board  of  comndssioners,  for  payment  thereof,  may  sue  for 
and  recover  from  tlie  city  of  8t.  Louis  the  amount  so  due,  with  lawful 
interest  from  the  date  of  such  application,  in  any  court  having  jin-isdi(;- 
tion  thereof;  and  in  such  suit  it  shall  be  snliicient  to  complain,  generality, 
for  so  much  money  due  to  the  plaintitf  or  plaintitfs,  nndei*  this  act,  for 
premises  taken  by  viidne  thereof,  and  it  shall  be  lawful  for  the  plaintitfs 
to  give  any  special  matter  in  evidence  under  such  geiua-al  c()mi)laint,  pro- 
vided that  whenever  the  owners  of  any  such  lands,  taken  by  ^ il•tlIe  of  this 
act,  shall  be  under  the  age  of  twenty-one  years,  or  insane,  or  mai*ried 
women,  or  absent  from  the  city  and  county  of  8t.  Louis,  and  also  in  all 
ca.ses  where  tlie  name  or  namVs  of  the  owner  oi*  owners  entitled  to  or 
intere.sted  in  .said  land  shall  not  be  set  forth  in  said  reports,  or  wlun-e  the 
title  to  any  of  the  land  so  taken  .shall  be  in  litigation,  it  shall  be  lawful  for 
.said  boani  of  comnnssioners,  in  l)ehalf  of  the  city  of  8t.  Louis,  to  pay 
the  sum  or  sums  mentioned  in  the  rei)ort  of  said  commissioners  of  (*sti- 
mate,  or  payable  to  such  owners,  persons  or  parties,  respectively,  into 
the  land  court,  to  be  secured,  disposed  of,  or  held  as  the  said  court  shall 
direct,  and  such  payment  shall  be  as  valicl  and  elfeetnal,  in  all  respects, 
as  if  made  to  the  said  owners. 


8ec.  11.  In  all  cases  where  (‘stimates  are  made  for  ])rop(‘rty  tak(‘n  in 
favor  of  parties  who  have  })roperty  asse.s.scd  tor  bemdits,  the  commis- 
.sioners of  e.stimate  shall  set  out  the  facts  and  deduct  the  bemdits  from  the 
damages,  and  make  the  award  foi-  th(‘  balance,  if  any,  and  tin;  eonlirma- 
tion  of  the  i-eport  by  the  land  court  shall  op(‘rat(^  as  a judgnuMit  against 
the  land  for  all  Ixmelits  assessed,  and  the  city  shall  have  the  right  to  collect 
the  same  for  tin;  bemdlt  of  the  Central  Pai-k.  In  cast;  of  tlu*  d(*alh,  resig- 
nation, or  refusal  to  act,  of  the  said  commissiom'rs  of  (‘stimab',  oi’  eillier 
of  them,  the  court  albi’esjiid  shall,  upon  the  api)lication  of  the  citv  (*oun- 
.selor,  as  ofhm  as  siudi  (*vent  shall  hap[)(*u,  appoint  a disciaad  p(M-son, 
being  a citizen  of  the  city  of  8t.  Louis,  in  the  plae(^  of  said  eommissioucr 
so  dying,  resigning,  or  refusing  to  a(d.  lint  it  shall  Ix'  compcdeiit  and 
lawlul  for  any  tln-ee  of  .said  commissioners  to  i)erform  the  trust  and 


PUBLIC  PAPtK. 


lt)5 

(liilios  of  llioir  :ii)i)()iutiiuMit,  nud  their  acts  shall  he  as  valid  as  the  acts  of 
all  the  eonnnissioiu'rs  so  ai)i)oiiited . 

Sk('.  12.  Said  (a)iiinussion(‘rs  shall  be  each  ('iitilled  to  i-eeeive  the  sum 
of  live  dollars  for  each  tlay  llu*y  shall,  rc'spectively , he  actually  employed 
ill  the  duties  of  th(*ir  ai)"poiiitmeut,  hesidi's  all  naisoiiahle  expeiisi's  for 
majis.  survey's,  clerk  hire,  and  otlu'r  necessary  (‘xiienses,  which  shall  he 
taxed  by  said  court,  and  paid  by  the  city  of  St.  Louis;  Proirided,  That  in 
case  of  the  award  bi'ing*  referred  back  to  the  commissioners  by  the  coui-t, 
on  motion  of  any  of  the  jiartiics  interested  in  the  land  condemned  or 
benetited,  and  the  second  award  is  not  more  favorable  for  the  applicant, 
then  such  party  or  parties  so  applying,  shall  pay  all  the  costs  of  such 
reference. 

Sec.  13.  If  the  board  of  commissioners  of  the  Central  Park  shall 
agree  with  the  owners  of  the  property  hereinbefore  declared  to  be  a public 
park,  for  the  purchase  thereof,  or  any  part  of  said  land,  or  if  commis- 
sioners of  estimate  are  appointed,  then,  upon  the  confirmation  of  tlndr 
report,  it  shall  be  lawful  for  the  ma3'or  and  comptroller  of  the  citv  of  St. 
Louis  to  raise  the  amount  of  the  purchase  monej"  of  said  premises,  or  the 
amount  directed  hy  the  report  of  the  commissioners  of  estimate  to  be 
paid;  or  if  part  b\' agreement  and  part  lyv  the  award  of  commissioners, 
then  to  raise  the  amount  necessaiy  to  cover  both  the  agreements  and  the 
awards  and  the  expenses  connected  therewith,  lyissue  of  the  bonds  of 
said  citjy  bearing  an  interest  not  exceeding  live  percent,  pm-  annum, 
payable" senii-annuall\",  in  the  city  of  St.-  Louis,  or  New  York,  as  the}' 
may  deem  most  advantageous;  said  bonds  to  have  twenty  years  to  run", 
but  redeemable  at  the  iileasnre  of  the  citv  after  tifteen  vears.  Said  bonds 
shall  not  be  sold  for  less  than  ninet^—tive  cents  on  the  dollar,  but  as  long 
as  th(*v  are  held  or  owned  bv  citiziuis  of  St.  Louis,  or  hy  aiiv  coriioration 
of  s;iid  ciyv,  such  bonds  shall  lie  exempt  from  all  citv  and  [vj  taxi^s.  Said 
bonds  shail  be  designated  bv  the  comptroller,  and  shall  lx*  signed  by  the 
ina\’or,  countersigned  bv  the  comptroller,  and  shall  be  nnuU*  pa^-abh*  to 
the  board  of  commissioners  of  tlu*  C,'enti-al  Park,  or  beai-ei-,  and  shall  be 
indorsed  by  the  president  of  said  board,  and  lx*  of  such  denomination  as 
the  mayor  and  eomptrolh*!-  shall  deem  advisable*.  Said  bonds,  when 
indorseel  by  the  i)resident  of  the*  board  ot  commission(*rs  of  said  C(*ntral 
Park,  shall  ojeerate  as  a tirst  mortgage*  nieeen  saiel  (x*ntral  Park,  anel  all 
the  lanel  anel  impi-ovemeiits  there*e)n  shall  be*  liable  tor  the  payment  of  said 
bonels. 

Sec.  14.  All  vae*ane*ie*s  e)ee*uri-ing  in  the  be)arel  e)f  commissie)ners  of  the 
Centi-al  Park  shall  lx*  tilleel  by  the  ce)mme)n  ce)une*il  e)f  St.  Le)nis.  Saiel 
commissie)ners  shall  ne)t  r(*e-e‘iv(*  an_v  <‘nnii)ensatie)u  fe)i- th(*ii-  sei-vices,  nor 
shall  the*v  be;,  elire*e‘tly  e)i-  lneliree*tly , lnte*re*sted  in  anv  contrae-t  for  labor, 
materials,  e)r  snpe*rinte*nele*ne-e  in  tlie*  im))re)V(‘me*nt  e)f  the*  jeai-k. 

Sec.  15.  Pe)r  the  pnrpeese  of  paying  inte*i-est  em  the  be)nels  te)  be  issu(*el 
inpayment  tor  the*  lanel  i)in-e-has(*el  te)r  saiel  leublic  park,  and  preevieling  a 
siidsing  tund  tee  retire*  saiel  be)nels,  as  we‘11  as  te)  pre)viele*  tor  snitabl}^ 
ine*le)sing  anel  impi-e)ving  saiel  greeiniels,  an  aelelitieenal  tax  e)f  halfa  mill  per 
cent,  will  be  aeleleel  te)  the  annual  tax  e)f  the*  e*ity,  anel  e*e)lle*e*te*el  anel  appro- 
])rlate*el,  e*ae*h  ye*ar,  tor  the*  purpe)se*s  name'ei,  anel  all  the?  me)ne*y  thus 
elei-iveel,  e*xe‘e*pt  what  is  ne*ce*ssar3’  te)  pa}'  inte*re*st  e)n  saiel  beenels,  shall  be 
sid)Je*e*t  te)  the*  ce)ntre)l  anel  manage*me*nt  e)f  saiel  be)arel  e)f  e‘e)mmissie)ne*rs  of 
the*  (,'e*ntral  Park,  as  well  as  me)ne*ys  that  may  be  eleriveel  from  e)ther 
soure*es  tor  the*  impre)>'e*me*nt  e)f  saiel  park. 

Sec.  K).  The*  e;ity  e)t  St.  Le)uis  shall  have*  juriselie;tie)n  over  saiel  park, 
anel  all  the;  aelje)inlng  lanels  te)  the;  elistance*  e)t  eene*  the)usanel  fe*e*t  e)n  eve*ry 
siele;  e)f  saiel  park,  se)  far  as  is  nee'essary  te)  establish  pe)lie;e  re‘gulatie)ns  anel 
to  abate*  nuisane*es;  anel  the*  i)e)rie*e*  may  arrest  anel  ele*tain  e)lfe‘nele*rs  within 
the  be)nnels  name*el,  anel  the*  e-ity  re*e;orele*r  shall  have*  Juriselictie)n  e)f  all 
olfe*nse;s  against  the*  peelie-e*  eir  sanitary  e)relinane*e*s  e)f  the;  city,  within  the 
be)unels  nameel,  as  fully  as  if  saiel  territe)ry  was  within  the  e;e)rpe)rate*  limits 
of  the*  e-ity. 

Six-.  17.  The;  be)arel  of  e-e)mmissie)ne‘rs  he*re*in  e*re*ate*el  mav,  afte*r  their 
oi-gani/atie)n , anel  be*fore  pre)ceeellng  te)  j)ni-e-hase;  e)r  ce)nele‘mn  saiel  lanel, 
for  intbrmation,  reepiest  the  mayor  "ot  the  city  of  St.  Louis  to  submit  the 


166 


TOWEP.  GPOVE  AND  LAFAYETTE  K.  11.  CO. 


question,  as  to  their  wish  for  such  a i)ark,  to  tlie  voters  of  said  city,  either 
at  a special  oi-  general  election,  and,  if  so  requested,  the  mayor  shall  issue 
his  ])i-oelaination  at  least  t(Mi  days  before  the  day  named  for  the  election, 
directing-  the  vote  to  he  taken,  and  at  such  (ihngion  the  vote  shall  be  hy 
ballot,  and  the  ballots  shall  he  '-‘■for  the  pnldic  i)ark,  ” or  ’‘against  the 
public.  ])ark.  ’ ’ If,  at  an  election  so  oi-dered,  the  majoj-ity  of  the  vot(i  cast 
shonld  be  against  a i)nhlic  park,  then  the  said  hoard  of  commissioners 
shall  take  no  further  action  in  the  matter  of  purchasing  or  condemning 
said  land,  until  ordered  to  do  so  by  act  of  the  Legislatni-e. 

Sec.  18.  This  act  is  hereby  declared  a public  act,  to  he  recognized  as 
siudi  in  all  courts  and  places,  and  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved,  February  15,  18G4. 


AN  ACT 

INCORPORATlX(^  THE  TOWER  OROVE  AXD  LAFAYETTE  RAILROAD  COMPANY 

OF  ST.  LOUIS. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  ISIissonri,  as  follows : 

Section  1.  That  James  B.  Eads,  John  J.  Iloe,  John  C.  Rust,  Ilenr}* 
Siiaw,  Christian  Staehlin,  John  11.  Bowen,  (Jinton  O.  Dutcher,  Charles 
fh  Tracy,  Erastus  Wells,  James  B.  Sickles,  and  Henry  Whitmore,  and 
their  associates,  successors  and  assigns,  under  the  name  and  style  of 
‘‘The  Tower  Grove  and  Lafayette  Railway  Company,”  he  and  they  are 
hereby  authorized  to  construct,  maintain,  and  operate  a railway  from 
Grand  avenue,  at  its  intersection  with  Lafayette  avenue-,  tlience,  down 
Lafayette  avenue,  to  the  interseidion  of  Tadayette  avenue  with  Soulard 
street,  a single  track,  embracing  all  necessary  turnouts  and  switches, 
with  the  pi-ivilege  of  laying  a double  track  instead;  also,  a single  track 
down  Soulard  street  to  Jackson  street;  thence  up  Jackson  stn^et  to  its 
intersection  with  Third  street;  thence  up  Third  street  to  Pine  street; 
thence  westwardly  to  Sixth  street;  thence  southwardly  to  (iratiot  sti-('et; 
thence  westwardly  to  Beckwith  street;  down  Beckwith  streid,  across 
Chouteau  avenue,  to  Stoddard  avenue;  down  Stoddard  avenue  to  Park 
avenue:  out  Park  to  Linn  and  St.  Ange  avenue;  thence  to  the  intersec- 
tion of  the  main  route,  at  the  corner  of  Soulard  and  Lafayette  avenue. 
They  shall  also  have  the  further  i-ight  of  running  over,  or  connecting 
with,  the  routes  of  any  other  street  railroad  company  in  said  city  of  St. 
Louis  with  whom  they  can  arrange  terms  satisfactory  to  lioth  companies. 

Sec.  2.  The  said  niilway  comiiany  shall  be  coiistrueted  with  tracks,  as 
herein  pi-ovided,  of  iron  rails,  the  cenbn-  line  of  the  single  track  of  which 
shall  coincide,  as  nearly  as  may  he,  with  the  center  liiu'  of  the  avenues 
and  streets  on  which  said  track  may  be  laid,  and  to  be  of  the  same  guage 
as  the  otlun-  city  railways. 

Sec.  8.  The  tracks  of  said  railway  shall  he  laid  on  a grade  even  with 
the  grade  of  the  streets  through  whic-h  if  may  pass,  and  so  that  the  fr(‘e 
tlow  of  the  water  in  the  lateral  and  cross  gutters  is  not  thereby  obsti-iicb'd, 
and  the  space  lietween  the  i-ails,  and  for  two  leet  outsidi*  of  tin;  rails, 
shall  be  kept  in  good  repair  by  said  conqiany,  so  as  not  to  obstriud  the 
])assing,  crossing,  or  traveling  on  said  streets  and  avenues  by  otlua- 
vehicles. 

Sect-  4.  Said  radway,  with  its  apiiurtenances,  shall  be  maintained  in 
g-ood  ordei-  and  repair  liy  said  company,  and  Ix'  o])(M-ated  at  all  ri'asoiiable 
times  for  the  use  of  the  iiublic,  and  (th-Ii  ])asseng(T-  may  b(‘  i-(Mpiir(‘d  to 
pay  a fare,  not  exceeding  tive  (*ents,  for  transportation  from  any  one 
point  on  said  line  to  any  other  ])oi!it. 

Sec;.  5.  The  stables,  sheds,  and  hoi‘S(‘s  of  said  (*ompany  shall,  in  all 
resiK'cfs,  contorm  to  existing  city  oi(tinanc(*s,  and  said  company  shall 
hei-eatt(T-  pay  such  license's  as  may  he;  j)re*sci-ihe‘el  by  e*ity  eirelinance'S,  anel 
be  subje'ct  tei  taxe-s  anel  assessme'iit  on  all  pre)perty  beleinging  te)  them  in 
like  manner  as  other  corporatie)ns. 


STREET  RAILROADS 


167 


Skc.  ().  Said  (•oin])any  sliall  be  re(iuii-(>(l  to  eoniplete  said  main  lim;  and 
connections,  and  j)ut  tlie  sanu*  in  operation,  within  two  y(‘ai's  from  the 
dat('  of  the  passa<>(‘  of  this  act;  Provided,  The  saim^  shall  not  h(‘  r(!(|iiir(Ml 
to  he  completed  within  a time  less  than  two  years  after  said  Linn  str(!(;t, 
(Irand  and  Lafayette  avemu's  ar(‘  ^'raded  and  macadamiz(‘d. 

Skc.  7.  To  the  city  of  St.  Louis  is  reserved  the  ri,<^ht  to  take  up  and 
remove  the  rails  of  said  (*ompany  wlumever  it  shall  he  necessary  for  the 
repair  or  improvement  of  the  streets  on  which  said  rails  may  he  laid,  amt 
such  repairs  or  improvements  shall  he  made  hy  the  city  at  the  least  possi- 
ble delay,  the  track  to  he  taken  np  and  relaid  at  the  cost  of  said  company. 

Se(’.  8.  The  capital  stock  of  this  company  shall  he  one  hundred 
thousand  dollars,  which  may  he  increased  at  the  option  of  the  company 
to  not  more  than  live  hundred  thousand  dollars;  said  stock  shall  be 
divided  into  shares  of  tifty  dollars,  and  each  share  shall  be  entitled  to  one 
vote  for  directions  [directors]  and  in  the  business  of  the  company,  either 
by  ])resence  of  the  holder,  or  by  proxy. 

Sec.  9.  The  affairs  of  the  company  shall  he  manaa-ed  hy  a hoard  of 
seven  directors,  which  may  he  increased  to  nine,  one  of  whom  shall  be 
])resident.  Said  hoard  of  directors  shall  have  power  to  i)rovide  rules  and 
regulations  for  the  froverumeut  of  the  company,  employ  all  agents,  and 
with  the  power  to  remove  the  same;  a majority  of  the  directors  of  said 
company  shall,  at  all  times,  he  bona  fide  citizens  of  St.  Louis,  and  in  default 
of  this  requirement,  the  grants  aiid  privileges  herein  contained  may  he 
declared  forfeited. 

Skc.  10.  Said  railway  company  shall  not,  hy  any  possible  construction 
of  this  act,  he  permitted  to  carry'freight  on  said  railway  line,  under  pen- 
altv  of  one  hundred  dollars  for  each  otfense.  unless  otherwise  authorized. 

_ Sec.  11.  To  the  city  council  is  hereby  resei’ved  the  right  to  regulate  the 
times  of  trips  and  i*ate  of  speed,  whenever  it  shall  api)ear  that  the  r(*gula- 
tions  of  the  company  in  these  respects  do  not  accommodate  the  public 
necessities. 

Skc.  12.  This  company  shall,  in  all  cases,  he  legally  liable  for  all 
injuries  or  daniag(!S  resulting  to  any  ])erson,  or  property  of  any  iierson, 
through  the  carehcssiu'ss  or  neglig<Mice  of  any  jierson  having  control  ot 
said  road,  or  employed  in  any  capacity  in  the  managimient  of  said  road 
hy  said  company. 

Skc.  1.‘L  'Phis  act  shall  he  and  remain  in  force  for  twenty-five  years 
from  and  after  its  ajiproval. 

Sec.  14.  This  company  shall  have  tlu^  right  of  extending  this  I’oad  on 
Sixth  street,  from  (Ji-atiot  street  to  Chouteau  avenue,  and  using  the  track 
of  the  People’s  Railway  Comiiany,  between  Sixth  and  Paul  stri'cts, 
provided  the  consent  of  said  Piaijile’s  Railway  Company  he  first  ohtaiiHHl. 

Sec.  15.  All  acts  and  parts  of  acts  conflicting  with  this  act  ai-e  hereby 
nqiealed. 

This  act  to  take?  effei-t  and  he  in  force  from  and  after  its  passage. 

Approved,  Eehruary  15,  1SG4. 


AN  ACT 

AMENDATORY  OF,  AND  SUPPLEMENTARY  TO,  AN  ACT  ENTITLED  “AN  ACT  CON- 
(JERNINO  STREET  RAILROADS  IN  THE  CITY  OF  ST.  LOUIS,”  APPROVED  JANUARY 
16,  1860. 

lie  it  enacted  by  the  General  AnHembly  of  the  State  of  Missouri,  as  follows : 

Sec.  1.  So  much  of  section  six  of  th(‘  act  concerning  stri'ct  railroads  in 
the  city  of  St.  Louis,  approved  Januaiy  !(>.  ISfH),  as  riMpilres  fh(‘  People’s 
Railway  Company  ‘ ‘to  construct  their  road  from  St.  Angc^  avmiiic  along 
Chouteau  avenue,  to  the  jioiut  where  tin*  Pacific  Railroad  (a-osses  said 
Chouteau  avenue,”  within  two  ycairs  aftiw  th(^  passage  of  said  aid,  is 
luMH'hy  r(*])ealed,  and  said  Peopl(*’s  Railway  (dmipany  arc;  h(“r(;hy  author- 
ized to  extend  their  road  along  Ciioiiteaii  avenue,  from  St.  Ange  avenue 


168 


WATERWOEKS— POLICE  FORCE . 


to  tlie  point  where  the  Paeific  railroad  crosses  said  Clioiiteaii  avenue, 
provided  the  same  is  constructed  before  the  first  dav  of  February, 
A.  I).  ]S()(). 

This  act  to  tnke  effect  and  be  in  force  from  and  after  its  passage. 
Approved,  February  15,  1864. 


AN  ACT 

AMENDATORY  OF  AN  ACT  ENTITLED  AN  ACT  TO  ENABLE  THE  CITY  OF  ST. 
LOUIS  TO  EXTEND  THE  WATERWORKS  TiIEREOF,  AND  FOR  OTHER  PURPOSES/’ 
APPROVED  MARCH  23,  1863. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri^  as  follows  : 

Section  1.  The  third  section  of  an  act  entitled  '‘an  act  to  enable  the 
city  of  St.  Louis  to  extend  the  waterworks  thereof,  aud  for  other  pur- 
poses,” approved  March  23,  1863,  is  hereby  so  amended  that  the  four 
commissioners  provided  for  in  said  section  shall  be  appointed  by  the  Gov- 
ernor. and  all  vacancies  occurring  in  said  board  of  commissioners  shall  be 
tilled  by  appointment  by  the  Governor. 

Sec.  2.  The  commissioners  appointed  by  the  Governor  shall,  in  all 
respects,  have  the  same  power  [and]  authority,  and  continue  in  otlice  for 
the  same  length  of  time,  and  receive  the  same  compensation,  as  if  they 
had  been  elected  b}^  the  board  of  the  common  council  of  the  ciG'  of  St. 
I.iOuis,  in  conformity  with  the  a(;t  to  which  this  is  amendatory. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its  passage. 

Approved,  January  18,  1865. 


AN  ACT 

AMENDATORY  TO  AN  ACT  ENTITLED  “AN  ACT  CREATING  A BOARD  OF 
POLICE  COMMISSIONERS,  AND  AUTHORIZING  TUB  APPOINTMENT  OP  A POLICE 
FORCE  FOR  THE  CITY  OF  ST  LOUIS,”  APPROVED  MARCH  27,  1861. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

Section  1.  That  section  four  (4)  of  aii  act  entitled  ” an  act  creating  a 
board  of  police  commissioners,  and  authorizing  the  apiiointment  of  a 
police  force  for  the  city  of  St.  Louis,  ’ ’ aiiproved  March  27,  1861,  be  and 
the  same  is  hereby  repealed,  and  the  following  S(‘ction  substituted  there- 
for; Sectio7i  4:.  The  Governor  of  the  State  of  Missouri,  by  and  with  the 
advice  and  consent  of  the  Senate,  shall,  without  unnecessary  delay, 
aiipoint  the  four  commissioners  jirovided  for  in  S(;ction  three  of  this  act, 
and  said  commissioners  shall  hold  their  otlices,  two  of  them  for  two  years 
and  two  of  them  for  four  years  from  the  first  day  of  .Januaiy,  1865,  and 
until  their  successoi's  shall  have  becm  ajipointed  and  (|uallli(‘d.  The 
Governor  shall  issue  commissions  to  the  persons  so  apjiointed,  designating 
the  time  for  which  they  are  sev(‘rally  apiiointed.  And  whenever  the  term 
of  oftice  ol'  any  commissioner  expires,  the  appointment  of  his  successor 
shall  be  tor  four  yeai-s. 

Sec.  2.  The  commissions  of  the  iin’sent  incumbents  of  s;dd  commis- 
sionerships  shall  Ik;  declared  vacnted  liy  the  passage*  of  this  act. 

Sec.  3.  All  acts  oi*  parts  of  acts  conllicting  with  this  act  shall  he  and 
hereby  are  repealed. 

'I'liis  act  to  take,  elfect  and  be  in  forex*  from  and  afte*r  its  passage*. 

i\l)proved,  dannary  25,  1865. 


STKEET  HAIEEOADS— WIIAUE  AND  IIAKBOH. 


109 


AN  ACT 

Ti)  AMKNl)  AN  ACT  ENTICLED  “AN  ACT  INC0U1»0RAT1N(J  TFIE  TOWER  GROVE 
AND  LAFAYETTE  RAILROAD  COMFANY  OF  ST.  LOUIS,.”  APPROVED  FEHRUARY 
15,  1864. 

He  it  enacted  by  the  treneval- AHHcmhly  oj  the  State  of  Missouri,  as  follows: 

Sfa'tion  1.  Spction  six  of  ;in  act  entitled  “an  act  incorporating’  the 
'I'ower  Grove  and  Lat^wette  Kailroad  Company  of  St.  Louis, ’’  approved 
Febrnai’}'  lo,  18(34,  is  liereby  amended  by  striking  out  the  word  ‘“Grand.” 
Approved,  February  15,  18G5. 


AN  ACT 

FOR  THE  RELIEF  OF  STREET  RAILROAD  COMPANIES  IN  ST.  LOUIS,  AND  THE 
PROTECTION  OF  CITIZENS  FROM  CHARTERED  MONOPOLIES. 

NVhereas,  Certain  street  railroad  companies  in  the  city  of  St.  Louis  are 
asking  trom  this  General  As.sembly  additional  privileges,  such  as  raising 
the  rates  of  fare — alleging,  as  a I’eason,  inability  to  carry  on  the  business 
at  present  rates:  and  whereas.  The  coi’iiorators  of  said  street  railroad  com- 
panies eagerly  sought  and  obtained  the  franchises  they  now  possess,  the 
riglit  of  way  on  the  public  highways,  and  so  forth,  for  private  purposes; 
and,  at  the  time,  deemed  such  franchises  peculiarly  valualile,  and  did  not 
pay  said  city  iiecnniary  considerations  for  said  frani’liises:  and  whereas. 
All  privileges  granted  to  coi’iiorations,  and  especially  such  as  affect  the 
right  of- way  on  jinblic  highways,  should  be  granted  for  the  benefit  and 
convenience  of  the  public,  and  not  solely  for  individual  speculation: 
therefore. 

He  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows: 

Section  1.  That  any  street  railroad  company  in  the  city  of  St.  Louis, 
feeling  its  inability  or  indisposition,  from  pecuniary  loss,  to  carryforward 
the  business  at  present  rates  of  fare,  may  notify  the  mayor  of  said  city  of 
such  indisposition,  and  surrender  thendiy  all  their  chartered  rights  and 
franchi.ses  within  tliree  months  from  the  jiassage  of  this  aet. 

Sec.  2.  d'he  mayor  may  imnu'diati’ly  i>roc(‘ed  to  dispose  of  said  fran- 
chises, by  public  sah',  atter  jirojicr  noth’c,  by  publication,  of  time  and 
place  of  said  sale,  and  shall  sell  the  same  to  the  highest  bidder. 

Sec.  IL  'I'he  ])roee(Mls  of  th(‘  sale  of  said  franchisi's  shall  be  ajiplied  to 
the  public  school  fund  of  said  city. 

Sec.  4.  Th<‘  purchaser  shall  jiay  the  late  comjiany.  for  the  road-bed  and 
track,  the  first  cost  of  said  bed  and  track;  and  for  the  rolling  stock  and 
stables,  such  sum  as  may  be  apprai.sed  by  disinterested  aiipraisers,  selected 
by  both  parties  for  that  imi’iiose. 

Sec.  5.  The  city  council  of  St.  Tainis  shall  have  no  power  to  increase 
the  rates  of  fare  on  said  rpads,  nor  shall  they  have*  th(‘  right  to  divide  or 
sejiarate  the  liiu'S  of  said  roads  in  such  mann(*r  as  will  increase*  the*  fai’c. 

This  act  shall  be  in  force  and  take  effect  trom  and  after  its  passage. 

Approved,  Februar}'  IG.  18G5. 


AN  ACT 

TO  AUTHORIZE  THE  CITY  OF  ST.  LOUIS  TO  I.MPROVE  THE  WHARF  AND  HARBOR, 
AND  FOR  OTHER  PURPOSES. 

He  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

Section  1.  The  harbor  of  the  city  of  St.  Lonis  shall  ext(*nd  from  the 
mouth  of  the  Missouri  river  to  the  northern  boundary  line  of  the  city  of 
(dirondelet,  and  shall  embrace  the  beds  of  the  Mississippi  river,  its 


170 


BOAKI)  OF  POIACE  CO  M MISS  1 0X1^]  RS. 


slouo-lis,  islands,  bayous,  and  all  liig-li-vvater  cliannels  alono- ])otb  slioi-es 
of  the  river. 

Sec.  2.  For  maintuinin^  the  pei-maneney  and  ini])rovin«-  the  wharf 
and  liarhor,  and  for  opening-  and  extending-  the  wharf,  it  sliall  he  eoni- 
petent  for  the  city  of  St.  Louis  to  apply  all  the  lud,  receipt  from  wharfag(‘ 
and  all  the  moneys  now  in  the  city  treasury  to  the  credit  of  the  sev(‘ral 
wharf  funds;  also,  for  the  same  purpose,  to  borrow'  $500,000  by  an  issue 
of  coupon  bonds  of  the  denomination  of  $1,000  each,  rnnning-  for  the 
term  of  twenty  years,  and  hearing  inhin^st  at  the  rate  of  six  per  cent,  per 
annum,  for  the  ])ayment  of  the  prin(‘ii)al  and  interest  of  which  the 
revenu(\s  of  the  wharf  shall  he  pledged;  and  the  city  council,  in  its  dis- 
cretion, may  levy  a liarhor  tax  of  not  exceeding-  one-tenth  of  one  per  cent, 
upon  all  propei-ty  made  taxable  by  law  for  State  purposes  within  the  city 
of  St.  Louis,  the  proceeds  of  which  tax  shall  he  lield  sai-red  for  the 
purpose  of  paying  the  principal  and  interest  of  the  wharf  and  harbor 
debt  herein  authorized  to  he  created,  and  shall  he  paid  ovcu- to  the  fund 
commissioner  on  the  tirst  day  of  each  tiscal  year,  as  may  he  regulated  l)y 
ordinance. 

Sec.  3.  The  city  of  St.  Louis  shall  also  he  authorized,  iu  addition  to 
the  w'hartage,  to  levy  and  collect  a tonnage  tax  upon  all  boats,  rafts,  and 
other  w'ater  crafts  landing-  at  the  w'liarf  hetwa^en  Biddle  street  and  Plum 
street,  for  the  i)ui-pose  of  widening  and  repairing  the  w'harf  ])etw'een  the 
points  mentioned,  and  the  said  city  may  l)orrow'  the  sum  of  $250,000  for  flu* 
pur])oses  above  meutioned,  and  may  issue  bonds  therefor,  similar  to  bonds 
mentioned  hereinbefore,  and  the  said  tonnage  tax  shall  l)e  held  sacred  for 
the  payment  of  the  principal  and  interest  thei-eof,  and  shall  he  held  by 
the  fund  commissioner,  all.  as  may  he  provided  by  ordinance:  Provided. 
'riiat  no  part  of  the  fund  hereby  created  shall  he  used  to  pay  for  private 
property  w hich  may  h(^  required  for  the  opening  or  extending  of  said 
wharf  until  the  amount  to  be  paid  by  the  city  thereof  shall  have  been 
assessed  as  benefits  to  the  public  generally,  by  a jury  impauneled  to  con- 
demn said  i)roperty,  as  provided  for  by  law'  and  ordinance. 

Sec.  4.  This  act  to  take  effect  and  he  in  force  from  and  after  its 
{)assag-e. 

Approved,  February  IG,  18G5. 


AN  ACT 

AMENDATORY  OF  AN  ACT  ENTITLED  “AN  ACT  AMENDATORY  OF  AN  ACT 
ENTITLED  ‘AN  ACT  CREATING  A HOARD  OF  POLICE  COMMISSIONERS,  AND 
ACTIIORIZING  THE  APPOINTMENT  OF  A POLICE  FORCE  FOR  THE  CITY  OF  ST. 
LOUIS,”’  APPROVED  MARCH  27,  1861,  APPROVED  DECEMBER  12,  1863 ; ALSO^ 
AMENDATORY  OF  AN  ACT  ENTITLED  “AN  ACT  TO  PROVIDE  FOR  THE  PAYMENT 
OF  THE  POLICE  OF  THE  CITY  OF  ST  LOUIS,”  APPROVED  FEBRUARY  5,  1864. 

Be  if  enac.ted  hy  the  General  Asaemhly  of  the  State  of  ]\Ii.sso>iri,  as  follou's  : 

Section  1.  Section  three  of  an  act  amendatory  of  an  act  entitled  “an 
art  creating  a hoard  of  jiolice  commissioners,  ami  authorizing-  the  appoint- 
ment of  a police  force  for  the  city  of  St.  iAmis.-’  approved  March  27, 
18G1,  approved  December  12,  18()3,  is  hereby  anumded  as  follow's,  viz: 
After  the  word  ‘•follows,’'  in  the  tirst  line  of  said  third  section,  strike 
out  the  remainder  of  the  section,  and  insm-t  in  lieu  thereof  tlu'  following, 
viz:  ‘ •Each  cajitain  shall  receive  one  hundred  dollars  per  month,  (‘ach 
lieuhmant  eightv-tivi*  dollars  per  month,  (‘ach  serg(‘ant  eighty  dollars 
p(‘r  montli,  each  oi-dlnary  ])oliceman  and  detective  s(‘V(*nty-live  dollars 
p(‘r  month,  and  each  turnkey  sixty  dollars  i)(*r  month,  payable' 
monthly.  ’ ’ 

Sec.  2.  Section  one  of  ‘•an  act  to  provide  for  the  jiayirn’iit  of  the 
police*  of  th(‘ city  of  St.  Louis.”  approved  Fe'hruary  5,  18G4,  is  iK'rchy 
amended,  as  follows,  viz:  Strike  out,  in  the*  third  line*  of  said  tirst  section, 


EDUCATION  OF  THE  BUND. 


171 


tlio  word  • ‘ ’ and  iMW(*i*(  in  li(‘U  tli(*rcM)f,  tlio  woi-d  “ oiic- 

s(‘V(MitIi , ' ■ and  in  the  seventh  liin'  of  said  seetion  one,  afUa-  tlie  word 
“pni-i)ose,  ' ’ strike  out  the  reinaiinka-  of  said  lirst  seetion. 

Si'X'.  Ik  All  acts  and  ])arts  tlierc'of  ineonsistent  lu'rewitli  are  hereby 
repeali'd,  and  this  aet  to  take  (dfeet  from  and  after  its  passage. 

Ai)i)roved,  Febrnary  18,  ISGo. 


AN  ACT 

IN'  Rm.ATION’  TO  TiTE  MISSOURI  INTSTITU  L'lON  FOR  THE  EDUCATIONT  OF  THE  RIHND. 

Be  it  enacted  by  the  Creneral  Assembly  of  the  State  of  Jrissoicrij  as  follows  : 

Section'  1.  Notlnn<^  contained  in  an  aet  entitled  ^ ‘ an  act  to  dedicate 
for  use  as  a public  liitibway  land  in  the  city  of  St.  Louis,”  approved 
dannary  2(1,  1804,  shall  be  so  construed  as  to  relieve  said  city  of  St.  lamis 
from  the  duty  of  compensatin<^  said  ]Missouri  Institution  for  the  Educa- 
tion of  the  Blind  for  the  lands  in  said  act  mentioned,  taken  by  said  city  for 
the  ])urpose  thei*(“in  stated;  and  said  city  is  hereliy  authorized  and  emjiow- 
cred  to  make  full  and  adequate  compensation  to  said  institution  for  said 
lands,  and  to  do  all  things  therein  which,  in  justice  and  good  faith,  it 
ought  to  do. 

Approved,  February  20,  1805. 


AN  ACT 

TO  INCORPORATE  THE  BREMEN  AND  CEMETERY  RAILROAD  COMPANY. 

Whereas,  By  an  act  of  the  Ceneral  Assemblv  of  tln^  State  of  ^Missouri, 
entitled  “an  act  concerning  stn'ct  railroads  in  th(‘  city  of  St.  lands,'' 
approved  .lannary  !(>,  1800,  the  St.  Louis  Kailroad' ('ompany  wm-e 

emjiowered  to  extend  their  road  to  tin*  Bidlefontaine  and  (lalvary  (‘(umde- 
ries,  which  they  have  not  done,  and  it  is  desirable  that  lh(‘ facilitii'S  of 
street  railroad  travel  should  be  (*xt('nded  as  speinlily  as  ])ossible  to  those 
desirous  of  visiting  those  c(Mneteri(‘s,  and  others  living  on  tlu'  Bellefon- 
taine  road,  iK'y'ond  the  northern  limits  of  the  city  of  St.  Louis; 

Be  it,  therefore,  enacted  by  the  (General  Assembly  of  the  State  of  JMlssonri,  as 

follows : 

Section  1.  That  in  case  the  said  St.  lainis  Bailroad  Company  shall  not 
have  exteiuh'd  and  completed  their  said  road,  from  tlu'  northi'm  limits  of 
th(' city  of  St . Louis,  along  the  Bellefontaine  road,  to  a ])oint  opjiosite 
the  main  (‘ntramte,  on  the  said  road,  of  the  (lalvary  e(‘met(‘ry,  and  shall 
not  hav(*  tlunrcars  running  tluM-inm,  for  tln^  accommodat  ion  of  jiassengers, 
at  regular  Intervals  of  half  an  hour,  (‘aeh  way,  daily,  from  0 o’chx'k  a m. 
until  8 o’clock  p.  m.,  to  and  from  said  ceimMi'ry  and  city  limits,  all  on  or 
befori^  th(!  fourth  day  of  duly,  1805,  said  company  shall  lx*  takim  and 
demmal  to  have  forf{*it(*d  and  abandoiuMl  and  relin([nished  all  the  right, 
privih'ge  and  franchisi' conterred  upon  them  by  said  act  of  extending  their 
said  road,  from  the  northern  boundary  ol  th(‘  city  of  St.  Louis  to  tbe  said 
Bellelbntaiiu*  and  (’alvary  cemeteries;  and  thecom|)any  her(*inaft(‘r  ineor- 
porat(*d,  their  associates,  successors  and  assigns,  shall  th(*ren[)on  be 
autbori/AMl  to  entm-  upon  the  construction  of,  and  to  completi',  the  rail- 
road hereinatt(*r  specili(‘d. 

Sec.  2.  That  Amade  Valle,  David  Nicholson,  Bichard  (L  Shackc'lford. 
Michael  S.  Mejiham,  David  White,  (distavus  M.  Dreyer,  and  'I'imothy 
B.  Perkins,  tlunr  associate's,  sncce'ssors  and  assigns,  for  tin*,  pe-riod  ot 
twenty-live  years,  be,  and  are;  hereby,  created  a body  politie;  and  corjio- 
rate,  by  the  name  and  styh'  of  the  Bremen  and  Cenu'tery  Badroad 
Company,  and  by  that  name  may  sue  and  be  stu'd.  jileadand  be  imph'aded, 
answer  and  be  answered,  in  all  courts  and  places;  may  have  a common 


172 


BREMEN  AND  CEMETERl^  RATTJJOAD  CO. 


s(“al,  and  tlic  same  alter,  eliaii^e,  or  renew  at  ])lea.sure,  and  1)}"  that  name 
may  eontraet  and  be  eonti-acted  witli;  may  i)nrcha.se.  hold  and  convey 
real  or  i)(‘rsonal  or  mixed  estate,  and  sliall  he.  and  hereby  are.  invested 
with  all  the  powei's,  immnnities  and  privileo’es  which  are,  or  may  be, 
nec(‘ssai-y  to  carry  into  effect  the  purposes  anil  objects  of  this  act,  or  the 
lawful  business  of  said  cori)oration. 

Sec.  3.  Shonld  the  St.  Louis  Railroad  Company  aforesaid  not  have 
constructed  and  completed  their  said  i‘oad,  from  the  northeiai  line  of  the 
city  of  St.  Louis,  on  the  Bellefontaine  road,  to  a point  opposite  the  main 
entrance  of  the  Calvary  cemetery,  and  have  the  same  in  running- oi-der 
for  the  accommodation  of  passengers,  in  the  manner  specitied  in  the  tirst 
section  of  this  act.  l)y  the  fourth  day  of  Jnly,  1865.  or  if.  on  or  before 
that  day,  there  shall  * have  been  tiled  with  tlie  Secretary  of  State  of  this 
State  a renunciation  by  said  St.  Louis  Railroad  Company.  eviden(*ed  by 
a written  declaration  of  such  remmeiation,  si<?ned  by  the  stockholders  in 
said  company,  with  the  certiticate  thereto  of  the  ])resident  and  secretary 
of  said  company,  that  the  si^nafm*es  thereto  are  the  signatures  of  all  said 
stockholders,  of  all  the  ri^ht,  ])rivilef?e  and  franchise  claimed  of  said 
company,  of  extending’  and  opening  their  said  road,  from  the  said  north- 
ern line  of  the  city  of  St.  la)nis  to  the  Bellefontaine  and  Calvary  ceme- 
teries, thereupon  and  within  sixty  days  after  said  fourth  day  of  Jnly, 
1865,  in  the  one  case,  or  within  the  same  period  after  the  tiling’  of  such 
renunciation,  the  cor])oration  hereby  created  may  commence  the  construc- 
tion, and  within  two  years  after  the  commencement  tlierc'of,  shall  complete 
the  construction  and  equipment  of  a raih’oad,  for  the  accommodation  of 
])assengers,  along  the  Bellefontaine  road,  from  a i)oint  on  the  same  within 
twenty  feet  north  of  the  present  northern  line  of  the  city  of  St.  Louis,  to 
a point  in  said  road  within  twenty  feet  south  of  the  southern  end  of  the 
bridge  over  the  Maline  or  Gengras  creek,  near  the  Six  INIile  House  so-called. 
Said  com[)any  may  make  and  use,  in  connection  with  their  said  railroad, 
all  such  switches' and  turnouts  as  may  be  deemed  necessary  to  facilitate 
the  working  of  their  said  roads.  They  shall  l)e  entitled  to  construct  a 
single  or  a double  track  between  said  imints,  and  may  work  said  road  bj' 
steam  or  horse  i)Ower.  They  shall  be  entitled  to  charge  a fare  not  exceed- 
ing ten  cents  for  all  passengers,  either  way,  ovei’  the  age  of  twelve  years, 
and  not  exceeding  five  cents,  cither  way,  for  all  ])assengers  under  the  age 
of  twelve  years.  They  shall  not  be  re([uired  to  transport  freight  of  any 
description,  but  may,  'whenever  they  may  deem  it  proper,  trans])ort  the 
remains  of  deceased  persons  to  and  from  said  cemeteri(‘s,  upon  such  terms 
as  may  be  agreed  upon,  but  such  trans])ortation  shall  in  no  wise  int(a’rui)t 
the  regular  passenger  trips  of  said  road,  nor  shall  any  such  remains  be 
placed  in  or  about  any  car  containing  passengers  othei-s  than  pall-bearers, 
or  persons  accompanying  said  remains. 

Sec.  4.  The  capital  stock  of  said  comi^any  shall  be  fifty  thousand 
dollars,  to  be  divided  into  shares  of  one  hundred  dollars  eacli,  with  the 
])rivilege  to  increase  the  same  to  an  amount  not  exceeding  one  hundred 
thousand  dollars. 

Sec.  5.  The  affairs  of  said  company  shall  be  managed  by  a board  of 
directors,  three  in  number,  wbo  shall  be  chosen  annually  by  the  stock- 
holdei’s,  in  the  city  of  St.  Louis,  at  such  time  and  place  as  shall  be  desig- 
nated in  the  by-laws  of  the  conqiany.  Each  share  of  stock  shall  entitle 
the  owner  to  one  vob*:  each  stockhohl(*r  to  be  entitled  to  as  many  voti's  as 
he  owns  shares;  votes  may  la*  given  in  person  or  by  jiroxy,  niuh'r  such 
rules  and  regulations  as  may  be  prescribed  by  the  by-laws  of  the  company. 

SE(n  6.  The  persons  abov(^  named  shall  constituti*  the  (irst  board  of 
directors  of  said  conqiaiiy,  and  shall  hold  tlunrollice  until  their  sncc(‘ssors 
are  eh'cted  and  (pialilied.  J'liey  shall  caus(‘  books  to  be  opened  tor  the 
sul)scription  of  stock,  and  as  soon  as  live  thousand  dollars  of  said  stock  is 
subs(a’ibed,  may  organiz(‘  said  company  for  operation  hereunder. 

Sec.  7.  This  comiainy  shall  not  l)e  sulqect  to  the  provisions,  nor  shall 
any  stockhold(*r  th(M’(*in  be  subj(‘ct  to  the  i)rovisions,  of  tin*  (!th  and  13lh 
to  the  16th,  inclusive,  nor  to  th(‘  ihth,  s(*(;tions  of  chapter  34  of  the  I’cvisc'd 
Statutes  of  this  State,  (Mititled  “au  a(;t  concerning  cori)orations, " 
approved  November  23,  1855. 


JIOnSK  OF  REFUGE. 


173 


Skc.  8.  Notliin^  in  this  act  shall  be  so  construed  as  to  authorize*  Due 
eon\|):my  lu'rchy  civatcd  to  run  tiu'ir  cars  over  any  road  inside  of  the 
lerescnt  limits  of  the*  city  of  St.  Louis. 

Sue.  t).  Tliis  act  shall  he  in  foi-ce  from  and  alter  its  passage. 

Approved,  February  20,  18()5. 


AN  ACT 

TO  AUTHORIZE  THE  CITY  OF  ST.  LOUIS  AND  THE  COUNTY  OF  ST.  LOUIS  TO 

IS'UE  BONUS  TO  REBUILD  AND  FURNISH  THE  HOUSE  OF  REFUGE,  IN  THE 

COUNTY  OF  ST.  LOUIS. 

Whereas,  The  House  of  Refiisre  in  the  county  ot  St.  Louis,  its  furni- 
ture and  contents,  have  been  destro^'ed  by  lire,  and  the  inmates  thereof 
are  now  destitute  of  protection  and  support,  and  it  is  the  pride,  as  well  as 
the  duty,  of  the  people  of  these  coi’porations,  to  support  and  re-establish 
her  charitable  institutions;  therefore. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows : 

Section  1,  The  city  of  St.  Louis  and  the  county  of  St.  Louis,  by 
their  several  coriiorations,  the  common  council  of  the  city  of  St.  Louis, 
and  the  county  coniT  of  the  county  of  St.  Louis,  are  hereby  authorized  to 
issue  each  its  several  bonds  of  and  for  the  sum  of  fifty  thousand  dollars, 
in  sums  of  one  thousand  dollars  each  bond,  coupons  attach(‘d,  with  int(*i-- 
est  at  tin*  rate  of  six  jx'r  centum  p(*r  annum,  ]jayable  annually  in  the  (*ity 
of  New  York;  such  bonds  to  be  due  and  payalile  ten  years  after  dab*,  the 
l)roc(*eds  of  such  bonds  to  b(*  applicabh*  solely  to  tin*  r(*bnildin,<>’  and  fur- 
nishing of  the  House  of  Refuge  in  the  county  of  St.  Louis,  lately 
destroyed. 

Sec.  2.  The  common  council  of  the  city  of  St.  TiOnis,  and  the  county 
court  of  th(^  county  of  St.  Louis,  are  (*ach  of  them  luna'by  authorized  to 
control  and  manage  tlu!  proceeds  of  th(*s(*  bonds,  and  to  provider  such 
ag{*ncics  for  the  cai-rying  out  the  object  of  the  issue*  of  tin*  bonds  as,  in 
th(*ir  jndgm(*nt  and  Joint  aedion,  shall  1)3  in  )st  (dhictnal  for  the  ))iirpose; 
it  b(*ing  tli(*  intent  and  purpose  of  this  a<‘t  to  authorize  each  of  these*  cor- 
l)0)*atie)ns  to  jirovide  all  eletails  in  e*onne*e‘tion  with  the  form,  issue;  and 
ne*ge)tiatie)ns  e)f  the*  beinds  by  the*ir  coiiid  and  conne'il,  as  to  them  may  seem 
lit,  in  accen-elanea*  \\ath  the;  jirovisieins  eif  this  ae*t. 

Sec.  IL  This  ae;t  te)  take;  e*lfe*e*t  from  anel  after  its  passage. 

Approveel,  FebruaiT  20,  ISOrj. 


AN  AC  r 

PERFECTING  AND  PROTECTING  THE  'ITTLE  OF  THE  CITY  OF  ST.  LOUIS  TO 
CERTAIN  REAL  EST.\TE  HELD  FOR  PU.^LIC  USE. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as  follows  : 

SEerneix  1.  ddie  ceinnty  ceinrt  of  St.  Louis  e;omity  may  ereinvey,  or 
cause  te)  be  ce)nve*yeel,  te)  the  e-ity  e)f  St.  Le)uis,  ae*e*e)reling  te)  law,  all  of  the 
right,  title*  and  inte*r(*st  e)f  said  e'onnty  in  anil  to  all  the;  )»le*e'e*s  anel  |)are;e*ls 
of  land  witliin  the  e-orporate*  limits  of  saiel  e*ity,  whie*h  have*  l)e*cn  vesti'il  in 
saiel  e'onnty  imele*i- oi*  by  virtue*  of  all  or  any  of  the*  following  me*ntioncel  acts 
of  the*  Ge*iu*ral  Assembly  of  the;  State*  of  Missouri,  to- wit:  ‘"An  act  eeon- 
e‘e*rning  ])lats  of  towns  and  villages,''  appre)ve*el,  I)e*cember  the;  18th, 
182f;  ••  An  ae*t  e;once*rning  plats  of  towns  anil  villages,”  ai)pre)vcel,  F(*b- 
rnary  the  2()th,  18.‘F);  • An  act  cone;e*i-ning  jelats  of  towns  anel  villages,  ” 

api)re)ve*el,  Fe*brnai-v  the*  12th,  18U);  and  “.Vn  ae;t  concerning  the  plats  of 
towns  and  villages,  ” approveel,  Nov(;mber  the  17th,  LS.o.o. 


174 


PERFECTING  TITLE  TO  REAL  ESTATE. 


Sec.  2.  Wliencvor  iiiiy  ])i(!C(*  or  parcel  of  land  which  L now,  or  may 
licreaftei"  lx*,  owned  or  held  l)y  said  city  for  piihlic  use,  shall  he  no  lon^vr 
wantini';'  for  such  i)nhlic  nse,  snch  land  may  be  sold  by  said  city,  and  con- 
veyances of  the  SMiiK*  may  be  made  to  the  respective  pnrcliasers  thereof, 
in  snch  manner  as  said  city  shall,  by  ordinance,  provide*. 

Sec.  8.  All  of  the  ri«-ht,  title*  anel  interest  in  anel  te)  all  real  estate 
within  the  ce)rpe)rate  limits  of  saiel  cJty,  which  may,  at  any  time  hereafter, 
he  eleelicated,  ele)nated,  or  ^ranteel  to  any  public  nse,  shall  vest  in  the  cor- 
poration of  the  city  of  St.  Louis,  unless  otherwise  expresseel  in  the 
conveyance,  jilat,  map,  or  other  instrument  making  or  creating  such 
deelication.  elonation,  or  grant. 

Sec.  4,  No  law  or  statute  of  this  State  limiting  the  time  for  com- 
mencing any  action,  suit,  or  other  proceeding  for  the  recovery  of  the 
])Ossession  of  real  estate,  or  for  the  recovery  of  any  right,  title,  or  inter- 
est therein,  shall  prevent  or  prohibit  the  city  of  St.  Louis  from  com- 
mencing any  such  action,  suit,  or  other  jiroceeding,  at  any  time  within 
ten  yeai-s  after  the  expii-ation  of  the  time  limited  in  such  law  or  statute, 
for  the  commencement  thereof,  nor  from  prosecuting  the  same  to  final 
judgment  and  tinal  execution,  or  final  determination,  in  the  same  manner, 
and  under  the  same  rules  and  regulations,  as  if  such  action,  suit,  or 
other  proceeding  had  been  commenced  within  the  time  prescribed  by 
such  law  or  statute. 

Sec.  5.  No  law  hereafter  passed  shall  be  deemed  or  construed  as 
changing,  or  alt(*ring.  or  repealing  the  whole  or  any  part  of  this  act. 
unless  the  title  of  this  act,  and  the  date  of  the  approval  of  the  same,  be 
exi)ressly  mentioned  or  referred  to  in  such  law. 

This  act  to  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  February  20,  1865. 


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1)  I & E S T 


OF 

CHARTERS  AND  LAWS 

AFFECTING 

THE  CITY  OF  ST.  LOUIS, 

IN  FORCE  UP  TO  THE  FIRST  MONDAY  IN  NOVEMBER,  1865 


CHAPTER  I. 

Of  Boundaries^  Corporate  Powers,  and.  Division  into 
» Wards. 


Actions  for  real  osUite,  how  lim- 
ited ag-ainst  city ^ 8 

Boundaries  of  (.‘ity 1 

City,  corporah^  jiowers  of. 4 — 11 

boundaries 1 

Charity  trusts,  iiowers  eoiiceru- 

iiig 5 

Corporate  povievs 4 — 1 1 

Corporation.,  what,  city  maj^  tak(i 

stock  ill 10,  II 

Council,  yiowersof,  extended  over 

new  territoiy 2 

Land,  power  to  sell G 

Limitation  of  a.ctions  against  city 

for  real  property 8 

Broperty,  powers  of  city  concern- 
ing   .". 4 — 9 

for  what  ]nirpos(*s  city  may 

may  liold 4—9 

dedicated  to  public  use,  how 
vested 7 


when  city  may  sell \ G 

Railroad  stock,  what,  city  may 

snliscribe  for 10,  11 

Real  estate,  powers  concerning  4,  9 
for  what  purposes  city  may 

hold 4,  9 

effect  of  dedicating  to  pub- 
lic use 7 

limitation  of  actions  for 8 

when  city  may  sell G 

Roads,  citizens  exempt  from 

work  on 9 

Seal,  common,  powi'rs  concern- 

-1 

Stock,  what,  citv  may  subscribe 

for 10,  11 

Trusts,  powei-s  concerning 5 

Wards,  provisions  concerning...  3 
Working  on  roads,  citizens  (‘xmnpt 
from ! 9 


Section  1.  All  tliat  district  of  countiy  situated  in  tlie  county 
of  St.  Louis,  einbraced  Avitliin  the  follotving  limits,  to-wit : 
Beginning  at  a point  in  the  middle  of  the  main  channel  of  the 
Mississippi  river,  where  the  continuation  of  the  south  side  of 
Keokuk  street  eastwardly  would  intersect  said  main  channel ; 


Act,  December 
5,  1855,  g I,  p. 
116. 


178 


DIGEST  OF  CIIAllTERS  AND  LAWS. 


Had,  g2,  p 116, 
as  amended  by- 
act  of  March  li, 
1859,  g 3,  p.  128. 


Act  December 
5,  1855,  g 3,  p. 
116,  amended  as 
above. 


Act  March  3, 
1851 . art.  i,  § 2, 
p.  91. 


thence  westwardly,  by  the  said  line  of  the  south  side  of  Keokuk 
street,  to  a point  six  hundred  and  sixty  feet  west  of  Grand 
avenue ; thence  northwardly,  and  parallel  to  said  Grand  or 
Lindell  avenue,  at  a distance  of  six  hundred  and  sixty  feet 
therefrom,  until  it  intersects  the  Belief ontaine  road ; thence 
northeast,  to  the  line  dividing  townships  forty-five  and  forty-six 
north,  range  seven  east ; thence  eastwardly,  Avith  said  line,  and 
in  the  same  direction,  to  the  middle  of  the  main  channel  of 
the  Mississippi  river  ; thence  soutlnvardly,  Avith  the  meanderings 
of  the  main  channel  of  said  river,  to  the  place  of  beginning,  is 
hereby  incorporated  into  a city,  by  the  name  of  ‘‘  The  City  of 
St.  Louis.” 

Sec.  2.  All  acts  and  parts  of  acts  iioav  in  force  concern- 
ing the  City  of  St.  Louis  or  the  inhabitants  thereof,  and  not 
inconsistent  Avith,  or  repugnant  to,  the  proAusions  of  this  act, 
shall  extend  to  all  the  district  of  country  included  in  the 
above  mentioned  boundaries,  and  to  all  the  inhabitants  therein  ; 
and  the  mayor  and  common  council  shall  have  and  exercise 
Avithin  said  boundaries,  all  the  poAver  and  authority  noAV  vested 
by  hiAv  in  the  mayor  and  common  council  of  the  City  of  St. 
Louis,  as  at  present  established,  except  as  herein  otherAvise 
proAuded. 

Sec.  3.  The  City  of  St.  Louis  shall  be  divided  into  eight 
Avards,  and  the  common  council  may,  at  any  time,  district  the 
city  into  ten  Avards,  the  boundaries  of  Avhich  shall  be  fixed  by 
the  common  council,  by  straight  lines  running  east  and  Avest, 
deviating  to  equalize  population;  and  each  Avard  shall,  as  near  as 
practicable,  contain  an  equal  number  of  Avhite  male  inhabitants  ; 
and  the  common  council  shall,  from  time  to  time,  change  the 
lines  of  each  of  said  Avards  for  the  purpose  of  ecpializing  popu- 
lation in  the  same  ; but  in  so  changing  must  adhere  to  straight 
lines,  as  above,  as  near  as  may  be. 

Sec.  4.  Tlie  inhal)itants  of  the  City  of  St.  Louis,  as  the 
same  extends  and  is  laid  out  above,  and  their  successors,  forever, 
are  herel)y  constituted  a,  coi-poration  and  body  politic,  in  fact  and 
in  hiAV,  by  the  name  and  style  of  “ The  City  of  St.  Louis,  ” and 
by  the  same  name  shall  have  perpetual  succession,  sliall  sue  and 
be  sued,  implead  and  be  impleaded,  defend  and  be  defended,  in 
all  courts  of  hiAV  and  cMpiity,  and  in  all  actions  Avhatsoever  ; may 


DIGEST  OF  CTIAirrERS  AND  LAWS. 


179 


piircliase,  receive,  and  liold  ])roperty,  real  and  personal,  witliin 
said  city ; and  may  sell,  lease,  or  dispose  of  the  same  for  the 
benefit  of  the  city  ; and  may  purchase,  receive  and  hold  property, 
real  and  personal,  beyond  the  limits  of  the  city,  to  be  used  for 
the  burial  of  the  dead  of  the  city  ; also  for  the  erection  of  water- 
works to  supply  the  city  with  water  ; and  also  for  the  establish- 
ment of  a hospital  for  the  reception  of  persons  infected  with 
contagious  and  other  diseases  ; also,  for  a poorhouse,  workhouse, 
or  house  of  correction  ; and  may  sell,  lease,  or  dispose  of  such 
property  for  the  benefit  of  the  city ; they  shall  have  and  use  one 
common  seal,  and  may  break,  change,  alter,  and  make  a new 
seal  at  pleasure. 

Sec.  5.  The  city  of  St.  Louis  is  hereby  declared  to  be  capable  fggg  p**^i26 
of  taking  and  holding  property,  real  and  personal,  both  within 
and  without  the  city  limits,  given  or  to  be  given  to  charitable 
purposes,  and  of  executing  all  such  charity  trusts,  in  like  manner 
as  natural  persons  are. 

Sec.  6.  Whenever  any  piece  or  parcel  of  land,  which  is  now 
or  may  hereafter  be  owned  or  held  by  said  city  for  pulilic  use, 
shall  be  no  longer  wanted  for  such  public  use,  such  land  may  be 
sold  by  said  city,  and  conveyances  of  the  same  may  be  made  to 
the  respective  purchasers  thereof,  in  such  manner  as  said  city 
shall  by  ordinance  provide. 

Sec.  7.  All  of  the  right,  title  and  interest  in  and  to  all  the  §3,  p.  nn 
real  estate  within  the  corporate  limits  of  said  city,  which  may  at 
any  time  hereafter  be  dedicated,  donated  or  granted  to  any  public 
use,  shall  vest  in  the  coi’poration  of  the  city  of  St.  Louis,  unless 
otherwise  expressed  in  the  conveyance,  })lat,  map,  or  other  instru- 
ment, making  or  creating  such  dedication,  donation,  or  grant. 

Sec.  8.  No  law  or  statute  of  this  State,  limiting  the  time  for  ib.,  §4,  p.ni. 
commencing  any  action,  suit,  or  other  proceeding  for  the  recovery 
of  the  possession  of  real  estate,  or  for  the  recovery  of  any  right, 
title  or  interest  therein,  shall  prevent  or  prohibit  the  city  of  St. 

Louis  from  commencing  any  such  action,  suit  or  other  proceeding, 
at  any  time  within  ten  years  after  the  expiration  of  the  time 
limited  in  such  law  or  statute  for  the  commencement  thereof,  nor 
from  prosecuting  tlie  same  to  final  judgment  and  final  execution, 
or  final  determination,  in  the  same  manner,  and  under  the  same 
rules  and  regulations,  as  if  such  action,  suit  or  other  proceeding 


180 


DIGEST  OF  CHARTERS  AND  LAWS. 

had  been  commenced  within  the  time  prescribed  by  such  law  or 
statute. 

Act  March  3,  Sec.  9.  The  inhabitants  of  St.  Louis  are  hereby  exempted 
§i2ip.ioi.  ’ from  Avorking  upon  anyroad  beyond  the  limits  of  the  city,  and 
from  paying  any  tax  to  procure  laborers  to  work  upon  the  same, 
lb.  §13,  p.  101.  Sec.  10.  The  city  shall  not,  at  any  time,  become  a subscriber 
for  any  stock  in  any  corporation. 

Act  February  23,  Sec.  11.  But  tlic  citv  of  St.  Louis  sliall  luive  powci’  to  sub- 

1853,  §9,  p.  106  . e 1 1 i -i  i 

scribe  any  amount  or  stock  she  may  deem  proper  to  any  railroad 
to  be  constructed  Avithin  the  State  of  Missouri ; and  may  issue  her 
bonds  to  pay  her  subscriptions,  for  such  length  of  time,  and  upon 
such  terms  and  conditions,  as  she  may  deem  proper,  and  take  all 
steps  she  may  think  proper  to  protect  her  interest  in  any  railroad 
to  Avhicli  she  may  or  has  subscribed  any  stock. 


CHAPTER  II. 

Of  the  Common  Council. 


Absent  members,  poAA'er  to  compel 

attendance  of \ 6 

Abstract  of  proceedino’s  of  board..  8 
Agents  ot  board  may  be  elected...  4 
A'pjyropria.tion  bills,  ajuis  and 

noes  on 15 

A^ote  necessary  to  pass 16 

Ayes  and  noes,  AAdieii  to  be 

taken  15,  21 

Bills,  AAdien  ayes  and  noes  to  be 

taken  on.  . 15,  21 

to  be  read  tln-ee  days 17 

to  be  presented  to  tluMnayor...  19 
returned  by  mayor,  " boAV 

passed 1 20 

not  returned,  Avlien  to  be- 
come laAV 22 

A^ote  necessary  to  pass  cer- 
tain  16 

Borrowing  money,  A^ote  necessarj" 

to  ])ass  bills  for 16 

Clerk  of  common  council  to  be 

elected 4 

Comynon  council,  liow  composed..  1 

jiowers  of 4 — 8 

finalilication  of  members 1 

bow  elected 1,  2 

tei-m  of  oftice  of  immibers 2 

ollicers  of,  how  appointed 4 

to  determine  contested  elec- 
tions   5 

(juornm  of. 6 

to  (U'termine  rules  of  pro- 
ceeding  7 


Common  council,  may  punish  tor 

disorderly  condiict § 7 

may  expel  members 7 

prdeeedino-s  of,  how  pub- 
lished   8 

A-acancies  in,  how  tilled 11 

sessions  of. 14 

Contested,  elections,  boai'd  to  de- 
termine  5 

Council.  hoAA^  styled 1 

Disorderly  behavior,  poAver  to 

pnni.sh 7 

Etection  of  members,  AA'heii  to  be 

held.: 2 

board  to  jndjre  of 5 

proceedino's  if  tie  in 13 

Improvements,  hoAV  to  be  or- 
dered  18 

Licenses,  bills  alfectin^-,  how 

l)assed  15 

Mayor,  when  to  order  new  elec- 
tion   13 

diitv  and  poAver  of,  touching 

bills 19 

Members  of  council,  Iioaa'  elected  1,  2 

t(‘rni  of  otli(*(‘ 2 

elfect  of  moving-  ont  of  Avanl  3 

nniA'  be  exi)elh‘d 7 

to  hold  no  appointment 10 

oath  of  ol1l(*e  ot i2 

Minority  may  com|)(4  attendancx^ 

of  memix'rs 6 

may  adjourn 6 

Money,  hoAV  only  to  beexpemded  IS 


DIGEST  OE  CHARTERS  AND  LAWS. 


181 


Oath  of  iiKMnlxM’S  of  council ^ 

Office,  members  not  to  be  ap- 
pointed to 

Officers  of  board,  bow  api)ointed 

Ordinances , how  i)nblisbed 

style  of, 

bow  proved 

President  of  common  council  to 

be  elected 

Proceedings  of  board,  liow'  kept 

and  published 

QualiJicatio7i  of  members  of  com- 

liion  council 

board  to  jiulo’e  ot 

Quo^ntm,  what  shall  constitute... 
power  to  compel  attendance 

of 

Record  of  proceedings,  common 

council  to  keep 

Removal  from  ward,  effect  of  on 
members 


12 

10 

4 

0 

2:1 

24 

4 
8 

1 

5 

6 

G 

8 

3 


Revenne,  vote  n(‘C(vssai*y  to  pass 

bills  allectino- ^ IG 

Rules  of  nroceedinq,  board  to  de- 
termine  7 

Servants  of  common  council,  to 

be  elected 4 

Sessions  of  common  council, 

time  and  place  of 14 

Style  o f ordinances 23 

Tax  bilL  ayes  and  noes  to  be 

taken  on 15 

vot('  necessary  to  pass IG 


Terms  of  office  of  members  of 

council  2 

Tie  in  elections,  i)roceedino-supon  13 
Vacancies  in  board,  how'lilled...  11 

Veto,  proceedings  upon 19 — 21 

Vote  iK'cessarv  to  pas«i  certain 

bills '. IG 

Yeas  and  nays,  when  to  be  ta- 
ken  15,  21 


Section  1.  The  city  council  shall  consist  of  one  board.  Act  March  14 

. 1859,  § 3,  p.  12s. 

called  the  board  of  common  council,  who  shall  possess  all  the 
powers,  and  exercise  all  the  functions  of  the  board  of  aldermen 
and  city  council  as  heretofore  constituted.  Said  board  shall 
consist  of  twenty  members,  two  to  lie  elected  in  each  ward  ; ami 
no  person  shall  be  eligible  Avho  shall  not  have  resided  three  years 
in  the  State  of  Missouri,  and  be  a resident  of  the  ward  from 
which  he  is  elected,  and  be  a citizen  of  the  United  States  and  of 
the  State  of  Missouri,  or  who  shall  be  delimpient  in  the  payment 
of  taxes  or  other  dues  to  the  city. 


Sec.  2.  On  the  first  Monday  of  April,  1800,  and  every  year  ibiu,  § 4, p 123. 
thereafter,  each  ward  in  the  city  shall  elect  one  councilman,  who 
shall  hold  his  office  for  two  jxairs,  so  that  one-half  of  the  members 
of  the  common  council  shall  be  elected  in  each  year. 

Sec.  3.  If  any  councilman  shall,  after  his  election,  remove  §lUan  u 
from  the  ward  for  which  he  was  chosen,  his  office  shall  be  thereby  U acV]vL^rci?u* 
vacated. 


Sec.  4.  The  board  of  common  council  shall  elect  one  of  their  ibid, §7 amis  p. 

92  as  amt  nded 

number  to  be  president  of  the  board,  and  may  appoint  a clerk 
and  such  other  officers,  servants,  and  agents,  as  they  shall  deem 
necessary  in  the  transaction  of  their  business. 

Sec.  5.  The  board  shall  be  the  judge  of  the  elections,  returns, 
and  qualifications  of  its  own  members,  and  shall  determine  con- 
tested  elections. 

Sec.  6.  The  maiority  of  the  board  shall  constitute  a quorum 

0 J 1 inuenaou  as 

to  do  business,  but  a smaller  number  may  adjourn  from  day  to 


182 


DIGEST  OF  CHARTERS  AND  LAWS. 


Ib..  § 1 1,  p.  92, 
amended  as 
above. 


Act  March  14, 
1859,  § 5,  p.  128. 


Ib.,  §6,  p.  128 


Act  Mar.  3,  ’51, 
art.ii,  §14  p.92, 
as  am’d  by  act 
Mar  14,  ’59,  p 128 
Ib.,  § 15,  p.  92, 
amended  as 
above. 


Ib  , § 16,  p.  92, 
amended  as 
above. 


lb.,  § 17,  p.  92, 
amended  as 
above. 


Ib  , § 18,  p.  92, 
amended  as 
above. 


Ibid,  § 19,  p.  92, 
and  act  Mar.  14, 
’69,  § 26,  p.  128. 


day,  and  may  compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties  as  the  board  may  prescribe. 

Sec.  7.  The  board  may  determine  the  rules  of  its  proceedings  ; 
punish  its  members  for  disorderly  behavior,  and,  with  the  con- 
currence of  two- thirds  of  all  the  members  elected,  expel  a mem- 
ber, but  not  a second  time  for  the  same  offense. 

Sec.  8.  The  board  shall  cause  a correct  abstract  of  its  pro- 
ceedings to  be  made  out  and  published  in  two  of  the  newspapers 
of  the  city.  This  abstract  shall  present  the  substance  of  all  the 
petitions,  memorials  and  remonstrances,  of  all  motions  and  pro- 
positions, and  of  all  bills,  resolutions  and  orders,  so  as  to  exhibit 
their  nature  and  import ; and  shall  also  present  a brief  and 
accurate  statement  of  all  proceedings  in  relation  thereto.  The 
communications  of  the  mayor  and  other  city  officers  shall  be 
published  in  full  in  the  papers  publishing  the  proceedings  of  the 
board ; but  the  board  shall  so  order  as  not  to  incur  the  expense 
of  publishing  the  same  document  a second  time. 

Sec.  9.  All  ordinances  passed  by  the  council  shall,  within  five 
days  after  they  become  laws,  be  published  in  two  newspapers, 
published  in  the  city  of  St.  Louis. 

Sec.  10.  No  councilman  shall,  during  the  term  for  which  he 
was  elected,  be  appointed  to  any  office  under  the  city. 

Sec.  11.  All  vacancies  that  shall  occur  in  the  board  shall  be 
filled  by  election,  in  such  manner  as  shall  be  provided  for  by 
ordinance. 

Sec.  12.  Each  councilman  shall,  before  entering  on  the  duties 
of  his  office,  take  an  oath  that  he  will  support  the  constitution 
of  the  United  States,  and  of  this  state,  and  the  provisions  of 
this  charter,  and  that  he  will  faithfully  demean  himself  in  office. 

Sec.  18.  Whenever  there  shall  be  a tie  in  the  election  of  coun- 
cilman, the  judges  of  elections  shall  certify  the  same  to  the 
mayor,  who  shall  immediately  thereupon  issue  his  proclamation, 
stating  such  facts,  and  ordering  a new  election. 

Sec.  14.  There  shall  be  two  stated  sessions  of  the  board  of 
common  council  every  year,  and  they  shall  be  held  on  the  second 
Mondays  of  May  and  October,  at  such  places  as  shall  be  pre- 
scribed by  ordinance. 

Sec.  15.  Upon  the  passage  of  all  bills  appropriating  money, 
or  bills  imposing  taxes,  increasing,  lessening,  or  abolishing 


DK^EST  OF  CHARTEIIS  AND  liAWS. 


183 


licenses,  and  of  bills  borroAving  money,  and  on  any  (question, 
at  the  desire  of  tAvo  members  i)resent,  the  yeas  and  nays  shall  be 
entered  on  the  journals. 

Sec.  IC).  A concurrent  Amte  of  a maioritA^  of  all  the  members  ,1'*’ 

•'  1859^  § 25,  p.  132, 

elect  of  the  common  council  shall  be  necessary  to  pass  a tax  bill, 
bills  appropriating  money  for  any  purpose,  and  bills  in  anyAAdse  ^ 
increasing  or  diminishing  the  city  reA^enue. 

Sec.  17.  No  bill  shall  be  passed  Avithout  being  read  on  three  ib.,  §io,  p.  129. 
separate  days. 

Sec.  18.  No  money  shall  be  expended,  nor  shall  any  improve-  ActMar. 3,  isoi, 

1 1 1 • 1 ■ 1-  P ^ I iii,  § 4 p. 

ment  be  ordered,  involving  an  expenditure  or  money,  except  9g. 
by  ordinance,  the  provisions  of  Avhich  shall  be  specific  and 
definite. 

Sec.  19.  Every  bill  aaIucIi  shall  have  been  passed  by  the  ib..  § 5,  p.  96, 
council  shall,  before  it  becomes  a laAV,  be  presented  to  the  mayor  iviar.  u,  1859‘p. 
for  his  approbation.  If  he  approA^e,  he  shall  sign  it ; if  not,  he 
shall  return  it,  AAdth  his  objections,  to  the  board,  Avhich  objections 
shall  be  entered  at  large  on  the  journal,  and  the  bill  be  recon- 
sidered. 


Sec.  20.  If,  after  such  reconsideration,  tAvo-thirds  of  all  the  ib.  §6,  p.  96,  an.i 
members  elected  to  the  board  shall  agree  to  pass  the  same,  it  shall  §7,  p.  128.' 
become  a hiAv. 

Sec.  21.  In  all  such  cases,  the  votes  of  councilmen  shall  1)0  ib.,  § 7,  p.  96. 
taken  by  yeas  and  nays,  and  entered  on  the  journals  of  the  board. 

Sec.  22.  If  any  bill  shall  not  be  returned  by  the  mayor  in  five  ib  , §8,  p.  96. 
days  (Sundays  excepted)  after  it  shall  have  l)een  presented  to  him 
for  his  approbation,  the  same  shall  become  a laAV  in  the  same 
manner  as  if  he  had  approved  and  signed  it. 

Sec.  23.  The  style  of  the  ordinances  of  the  citv  shall  be ; Mar.  14, -59, 

, . , § >2,  p.  129. 

^Be  it  ordained  by  the  cornnion  council  of  the  city  of  St. 

Louis. 


Sec.  24.  All  ordinances  of  the  city  may  be  proven  by  the  ActMar. 
seal  of  the  corporation,  and,  Avhen  printed  and  published  in  book  96. 
form,  and  purporting  to  be  so  printed  and  published  by  authority 
of  the  corporation,  the  same  shall  be  received  in  evidence,  in  all 
courts  and  places,  Avithout  further  proof. 


3,  1851, 

§12,  p. 


184 


DIGEST  OF  CHARTERS  AND  LAWS. 


CHAPTER  HI. 


Of  Legislative  Powers. 


Alcohol^  inspection  of  provided 

P,  1[29 

Alleys,  powers  concerning-.  ^1,  ^ 8,  43 
Amusements,  powers  concern- 
ing  , Tl  20 

Appomfment  ot  otticers,  powers 

concerning gl,  ^ 35 

Auctioneers,  powers  concern- 

in^^ ^17 

Avenues,  powers  concerning  ^1,  ^ 8,  43 
Bawdy  houses,  power  to  sup- 

Pi-nss §1 , 21 

Beef,  ])ower  to  provide  ins])ec- 

tion  of. ^1,  29 

Billiard  tables,  power  concern- 
ing  1[21 

Bills  to  borrow  money,  how 

passed I 2 

Board  of  health,  liow  consti- 
tuted  |1,  ^ f) 

Borrowing  money,  powei'S  for 

n,  r-i 

l)ills  for,  how  passed | 2 

Bread,  powers  concerning...^!,  ^ 31 

Bricks,  powers  concerning \l,  j 32 

Bridges,  powers  concerning...^],  \ 9 
Brokers,  ])owers  concerning. ..|l,  ^ 17 
Buildinq  materials,  inspection  of 
iy27 

Baildinqs,  powers  concernint)- 

22,  24 

Butter,  inspection  of  provided  '^1,  f 30 
(Jarondelet,  may  commit  prison- 
ers to  workhouse ^4 

may  be  annexed  to  8t. 

Lonis ^ 

Carts,  powers  concerning ^1. 

Ce?isus,  ])ower  to  take |l. 

Charcoal,  measuring  of. ^1, 

Chhnneys,  cleaning  of. |l, 

Chouteau'S  power  to 

Cleaning  chimneys ^1,  ^ 23 

Combustible  materials,  storage 

of §1,  1124 

Common,  control  ovei* ^1,  ^ 44 

Compensation  of  otlicers,  pow(‘r 

to  fix .§1,  H 30,  §0 

of  niemb(“rs  of  council (5 

Contagious  diseases,  power  to 

])r(went |1 , 1[  4 

Convent  of  the  Sacred  Heart, 

privilegi'  of ^1 , ^ 8 

Culverts,  ])owers  concerning. ..|l,  1[  9 
Curbstones,  powers  concerni ng  D . 1[  41 

Debt  of  city,  powi'rto  pa}^ ^1,  U 3 

Diseases,  contagious,  power  to 


prevent §1,  1[  4 

Disorderly  assemblage,  power  to 

prevent p,  1f42 

houses,  power  to  suppress... 

1[21 

Disturbance,  power  to  pre\ent, 

§1,  1[42 

Docks,  powers  concerning. ..p,  1[  15 
Dram-shops,  powers  concern- 
ing  ^L1[21 

Drays,  powers  concerning...p , f 18 
Eggs,  power  to  prevent  fore- 
stalling of p,  1[30 

Elections,  powers  concerning,  p,  If  34 
Enumeration  of  inhabitants , pow- 
er to  take p , If  33 

Exhibitions,  powers  concerning 



Expenses  ot  city,  power  to  pay,  P,  If  3 
Eees  of  jurors  and  witnesses, 

power  to  tix p.  If  30 

Fences,  partition,  powers  con- 
cerning  p.  If  25 

Ferries,  power  to  license  and 

regulate p.  If  39 

Fines,  power  to  impose p,  \ 37 

maximum  of. p,  1 

how  recovered p,1f44 

Fire  companies,  powers  concern- 
ing  P,1[22 

Fireplugs,  power  to  erect p.  If  7 

Fire  wardens,  powers  concern- 
ing  P,  1122 

Fires,  powers  concerning 

P,1f  22,  23,  24 

Flour,  ins[)ection  ot p,  ^29 

Forestalling,  power  to  prevent^  1,  f 30 
Forfeitures,  jiower  to  impose,  p,  jf  37 
Fruit,  power  to  pr(;vent  fore- 
stalling of p.  If  30 

Fuel,  nKaisuring  of. p.  If  28 

Gaming  and  gambling  houses, 

powers  concerning p.  If  21 

General  legislative  powers  p.  If 44,  47,  ^5 
Good  government,  i)ower  to  se- 

cuVe p , If  44 

Grocers,  powers  concerning. ..^1 , \ 17 

Gunpowder,  storage  of. p,  *[  24 

Gutters,  powers  c()ncerning...p  , If  41 
Hackney  carriages,  iiowers  con- 

(;erning p , 

Hawkers,  jiowers concerning,  p, 

Hay,  inspi'clion  of. p. 

Health,  j)Owei-  to  si'curc; p. 

Health  offiixr,  provisions  cou- 

('('rn'ing p , 

Hospitals,  power  to  establisb...p  , 


18 

17 

28 

1D5 

0 

5 


DIGES'L'  OF  CHARTERS  AND  LAWS. 


\llydranfs^  power  to  erect ^ 7 

^Jnttpection^  jtowers  coneei-niii”- 

|1,  ^ 27,  28,  20,  80 

\nsura7ice  coynpayiics , power  to 

tax ^1,  ^ 4() 

Jvrors,  power  to  lix  tees  of...^l,  f 80 
I Junes  ^ powers  coiicerniiig-,  ^1,^8,  48 

L(\}'d,  inspection  of ^1,  ^80 

LeHslative  powers,  general 

^1,  If  44,  47,  ^5 

LigMing  streets.,  powers  concern - 

n\g P,1fio 

Liquors,  inspection  of. ^1,  f 29 

Lumber.,  inspection  and  meas- 

nring*  of ^1,  ^27 

Manufactures.,  dano’erons,  pow- 
ers concerning ^1,  f 22 

Market  houses  and  places.,  powers 

concei-ning ^1,  If  11 

Meal.,  inspection  of. ^1,  29 

Measures,  power  to  establish,  |l,  20 

Meat,  power  to  regulate  sale 

of. ?1,  1f30 

Merchants,  powers  concern- 

, . Ifl" 

Mississippi  river,  navigation 

ot §1,  If  14 

Molasses,  inspection  of ^1,  f 29 

Money,  power  to  borrow ^1,  ^ 2 

power  to  appi-opriate p,  ^ 8 

Money  changers,  powers  con- 


Navigation  of  Mississippi  river,  P^l,  J 14 

Noise,  power  to  prevent ^1,  ^ 42 

Nuisances,  power  to  abate gl,  ^f  0 

Officers,  powers  concerning 

^1,  If  84,  85,  80 

Oil,  inspection  of ^l,  ^ 29 

Omnibuses,  powers  concerning 

„ 

Ordinaries,  powers  concerning 

„ §Mfl7 

Partition  fences , powers  conc(*rn- 

p ?^^25 

Pawnbrokers,  powers  concern- 
ing  ?1,  f 17 

Peace,  i)Ower  to  maintain |l,  ^'44 

Pedlers,  powers  coneerning...|l , V 17 
impose...|l,  f 87 


Penalties,  ])ower  to  ii 


inaxinumi  of ^1,  ^44 

bow  reeovered ^1,  ^ 44 

Police  commissioners,  city  not  to 

contlict  with ^1 , ^ 47 

Poll  tax,  power  to  levy  and  col-  ' 

„ •. D.lf-io 

Pork,  inspection  ot ^1,  ^29 

Port  wardens,  powers  conc(*rn- 

If  ^ 89 


Porters,  powers  concerning,..^!,  ^ 19 
Poultry,  power  to  r(‘gnlate  sale 

of ^1,  J 80 

Property,  control  over ^1,  ^ 44 

Propei'ty  guards,  powers  con- 
cerning  p,  Tf  22 

Pi'ovisions,  inspection  of |1 , f 80 

Public  grounds,  powers  concern- 
ing  §1,  ^18 

Pumps,  power  to  erect ^1,  ^ 7 

Quarantine  laws,  power  to  make 

^1,J4 

Retailers,  poAvers  concerning  p,  ^17 
Riot  or  rout,  powers  to  pre- 


vent. 


U,1f42 

Sacred  Heart,  streets  not  to  pass 

through  convent ^1,  ]f  8 

Sewers,  powers  concerning.. ..|l,  ^ 9 
Shows,  powers  concerning. ..p.  ^ 20 
Sidewalks,  powers  concerning 
^1,  If-ll 

Standard  weights  and,  measures, 

power  to  establish §1,  ^ 26 

St.  Louis  University , streets  not 

to  pass  through If  8 

Stone  coal,  inspection  and  weight 

of. P,  If  ‘28 

Streets,  powers  concerning,  p,  ^[8,  48 

Syrup,  j)ower  to  inspect gl,  ^ 49 

Taverns,  powersiConcerning...^l,  ^17 
Taxes,  power  to  lew  and  col- 
lect  .‘.^^1,  If  1,  40,  46 

Theaters,  powers  concerning,  gl,  20 
Tippling -houses , powers  concern- 
ing  ^1,  1f21 

Vegetables,  power  to  regulate 

sale  of. ^1,  If  80 

Vessels,  jiowers concerning...^  1 , \\  16 

Vinegar,  jiower  to  ins])ecf ^1,  ^29 

Wagons,  jiowers  eonci'rning,  |l,  ^ 18 
ire//.s,  jiowers  concerning. .. ^1 , ^f  25 
Water,  power  to  jn-ovide  city 

with l\,  If  7 

Water  com'ses,  jiowers  concern- 

.ing If  3 

Weights  and  measures,  powers 

concerning ^1 , ^ 26 

Whai'ves,  poAvers  concerning,  ^1,  ^15 

Whisky,  insiiection  of ^1,  ]|  29 

Wine,  inspection  of. ^1,  1f29 

Witnesses,  iiowertotix  fees  of  |l,  ^ 86 
Wi)oden  buildings,  poAvers  con- 
cerning  ^1  ]f  22 

W'orkhouse,  power  to  erect,  etc. 

?1,  ^18,  ?8 

commitments  to  regulated. ..^|8,  4 
Carondelet  may  commit  to ^4 


W) 


Section  1.  The  Mayor  and  Common  Council  shall  have  power 
within  the  city,  by  ordinance  : 

Firsi  — To  levy  and  collect  taxes,  not  exceeding  one  per 


186 


DIGEST  OF  CHARTERS  AND  LAWS. 

centum,  upon  all  property  made  taxable  by  law  for  State  pur- 
poses. 

Second — To  borrow  money  on  the  credit  of  the  city. 

Third — To  appropriate  money  and  provide  for  the  payment 
of  the  debt  and  expenses  of  the  city. 

Fourth — To  make  regulations  to  prevent  the  introduction  of 
contagious  diseases  into  the  city  ; to  make  quarantine  laws  for 
that  purpose,  and  to  enforce  the  same  within  ten  miles  of  the 
city. 

Fifth — To  establish  hospitals  and  make  regulations  for  the 
government  thereof. 

Sixth — To  make  regulations  to  secure  the  general  health  of 
the  inhabitants,  and  to  prevent,  remove,  and  abate  all  nuisances, 
at  the  expense  of  the  owners  or  occupants,  or  the  parties  upon 
whose  grounds  they  exist ; also,  to  constitute  a board  of  health, 
to  consist  of  five  members,  wdio  shall  be  elected  by  the  common 
council,  and  hold  their  offices,  respectively,  for  the  term  of  one 
year ; said  members  to  be  elected  from  the  members  of  the  com- 
mon council ; said  board  shall  perform  such  duties  and  receive 
such  compensation  as  may  be  prescribed  by  ordinance  ; Provided^ 
however^  The  health  officer  shall  be  ex-officio  a member  of  said 
board,  but  shall  receive  no  additional  compensation  for  his  ser- 
vices as  such  member. 

Act  Mar.  3, 1851,  Scveuth — To  pi’ovide  the  city  with  water,  and  to  erect 
hydrants,  fire-plugs  and  pumps  in  the  streets,  within  or  beyond 
the  boundaries  of  the  city,  for  the  convenience  of  the  inhabitants 
of  the  city  and  environs. 

Act  March  14,  Eighth — To  opoii,  alter,  abolish,  widen,  extend,  establish, 

1859,  §22,  p.  132.  ^ ^ \ i i • • 

grade,  pave,  or  otherwise  improve,  clean,  and  keep  in  repair, 
streets,  avenues,  lanes  and  alleys,  wharves  and  public  grounds 
and  squares ; but  the  mayor  and  common  council  shall  not 
establish  nor  open  a street,  lane,  avenue,  or  alley,  through  the 
grounds  lying  and  being  situated  between  Ninth  street  and 
Eleventh  street,  and  Washington  avenue  and  Green  street,  with- 
out the  written  assent  of  the  proprietors  of  the  St.  Louis  Univer- 
sity, so  long  as  the  building  now  used  as  a university  remains 
erected  thereon.  And  they  shall  have  no  power  to  open  or  cause 
to  be  opened,  to  extend  or  cause  to  be  extended.  Sixth  street, 
or  any  other  street  or  lane,  through  the  grounds  now  enclosed 


Act  Feb’y  11, 
1847,  p.  84. 


DIGEST  OF  CHARTERS  AND  LAWS. 


18T 


and  occupied  by  the  Sisters  of  tlie  Sacred  Heart,  and  upon  wliicli 
tlieir  convent  is  located,  it  being  designed  to  protect  them  in  the 
enjoyment  of  the  garden  and  pleasure  grounds  attached  to  said 
convent. 

A'*i?ifh — To  establish,  erect,  and  keep  in  repair,  bridges,  cul-  a,? 
verts,  and  servers,  and  regulate  the  use  of  the  same  ; to  establish, 
alter,  and  change  the  channel  of  water- courses,  and  to  wall  them 
up  and  cover  them  over. 

Tenth- — To  provide  for  lighting  the  streets  and  erecting  lamps 
thereon. 

Eleventh — To  erect  market-houses,  establish  markets  and  mar- 
ket places,  and  provide  for  the  government  and  regulation 
thereof. 

Twelfth — To  provide  for  the  erection  of  all  needful  buildings 
for  the  use  of  the  city. 

Thirteenth — To  provide  for  enclosing,  improving  and  regulat- 
ing all  public  grounds  belonging  to  the  city. 

Fourteenth — To  improve  and  preserve  the  navigation  of  the 
Mississippi  river  within  the  city. 

Fifteenth — To  erect,  repair  and  regulate  public  wharves  and 
docks  ; to  regulate  the  erection  and  repair  of  private  wharves  and 
to  fix  the  rate  of  wharfage  thereat : Provided^  the  rate  of  wharf- 
age at  private  wharves  shall  be  the  same  as  at  public  wharves. 

Sixteenth — To  regulate  the  stationing,  anchoring  and  mooring 
of  vessels  within  the  city. 

Seventeenth — To  license,  tax,  and  regulate  auctioneers,  gro- 
cers, merchants,  retailers  and  taverns,  and  to  license,  tax,  regulate 
and  suppress  ordinaries,  hawkers,  peddlers,  brokers,  pawnbrokers 
and  money  changers. 

Eighteenth — To  license,  tax,  and  regulate  hackney  carriages, 
omnibuses,  wagons,  carts  and  drays,  and  fix  the  rates  to  be  charged 
for  the  carriage  of  persons,  and  of  wagonage,  cartage  and  dray- 
age  of  property. 

JVineteenth — To  license  and  regulate  porters  and  fix  the  rate 
of  porterage. 

Twentieth — To  license,  tax,  regulate  and  suppress  theatrical 
and  other  exhibitions,  shows  and  amusements. 

Twenty-first — To  license,  tax,  restrain,  prohibit  and  suppress 
billiard  tables,  tippling-houses  and  dram-shops  ; and  to  suppress 


188 


DIGEST  OF  CHARTERS  AND  LAWS. 


Ac(M:ir  14, ’59, 
§•24,  1).  132. 


Act  Miu-.  3.  1851, 
art . iii,  § 2, 

IT  27,  I).  94. 


gaming  and  gambling  houses,  and  other  disorderly  houses,  and  to 
suppress  bawdy  houses. 

Twenty -second — To  provide  for  the  prevention  and  extinguish- 
ment of  fires,  and  to  organize  and  establish  fire  companies  ; also, 
to  regulate,  restrain  or  prohibit  the  erection  of  wooden  buildings, 
and  to  provide  for  the  removal  of  the  same,  when  erected  con- 
trary to  the  ordinance  of  the  city ; to  regulate  and  prevent  the 
carrying  [on]  of  manufactures  dangerous  in  causing  or  produc- 
ing fires,  or  dangerous  or  injurious  to  health ; to  appoint  fire 
wardens  and  property  guards,  with  power  to  remove  and  keep 
away  from  the  vicinity  of  any  fire  all  idle  and  suspicious  persons 
lurking  near  the  same  ; and  to  compel  any  person  or  persons 
present  to  aid  in  extinguishing  such  fire,  or  in  the  preservation  of 
property  exposed  to  the  danger  of  the  same,  and  in  preventing 
goods  from  being  purloined  thereat,  and  with  such  other  powers 
and  duties  as  may  be  prescribed  by  ordinance  ; to  compel  the 
owners  of  houses  and  other  buildings  to  have  scuttles  upon  the 
roof  of  any  such  houses  and  buildings,  and  stairs  and  ladders 
leading  to  the  same. 

Twenty -third — To  regulate  and  order  the  cleaning  of  chim- 
neys, and  to  fix  the  fees  thereof. 

Twenty-fourth — To  regulate  the  storage  of  gunpowder,  tar, 
pitch,  resin,  hemp,  cotton,  and  all  other  combustible  materials, 
and  the  use  of  lights  and  candles  in  all  stables,  shops,  and  other 
places  ; to  remove  or  prevent  the  construction  of  any  fire-place, 
hearth,  chimney,  stove,  oven,  boiler,  kettle,  or  apparatus,  used  in 
any  house,  building,  manufactoiy,  or  business,  Avhich  ma}'  be 
dangerous  in  causing  or  promoting  fires  ; to  direct  the  safe  con- 
struction of  deposits  for  ashes,  and,  severally,  to  enter  into,  or 
to  appoint  one  or  more  officers,  at  reasonable  times,  to  enter  into 
and  examine  all  dwelling  houses,  lots,  yards,  enclosures,  and 
buildings  of  every  description,  in  order  to  discover  whether  any 
of  them  are  in  a dangerous  state,  and  to  cause  such  as  may  be 
dangerous  to  be  put  in  safe  and  secure  condition. 

Twinty -fifth — To  regulate  and  prescribe  the  manner,  ami 
order  the  building  of  partition  and  of  pai-apet  walls,  and  of 
partition  fences. 

Twenty-sixth — To  establish  standard  weights  and  measures, 
and  regulate  the  weights  and  measures  to  be  used  in  tlie  city,  in 
all  cases  not  otherwise  provided  by  law. 


DIGEST  OF  CHARTERS  AND  LAWS. 


189 


Twenty-seventh — To  provide  for  the  inspection  and  measur- 
ing of*  lumber,  and  other  building  materials. 

Twenty-eiy^hth — To  provide  for  the  inspection  and  weighing 
of  hay  and  stone  coal,  the  measuring  of  charcoal,  firewood  and 
other  fuel  to  be  used  in  the  city. 

Twenty -ninth — To  provide  for  and  regulate  the  inspection  of 
beef*,  pork,  meal  and  flour,  in  barrels,  hogsheads,  or  other  vessels  ; 
also,  to  provide  for  and  regulate  the  inspection  and  guaging  of 
oils,  molasses,  syrup,  whisky,  alcohol,  aud  other  spirituous  licpiors, 
as  well  as  vinegar  and  wine  in  kegs,  barrels,  half -barrels,  tierces, 
hogsheads  and  all  other  vessels  : Provided^  That  nothing  in  this 
act  contained  shall  be  so  construed  as  to  authorize  the  inspection 
of  any  article  enumerated  in  this  act  which  is  to  be  shipped  beyond 
the  limits  of  this  State,  except  at  the  request  of  the  owner  or 
owners  of  such  article. 

Thirtieth — To  regulate  the  inspection  of  butter,  lard  and  ActMar.3,  isai, 
other  provisions  ; to  regulate  the  vending  of  meat,  poultry,  and  p- 
vegetables  ; to  restrain  and  punish  the  forestalling  of  poultry, 
butter,  eggs,  and  fruit,  and  to  suppress  hucksters. 

Thirty -first — To  regulate  the  weight,  quality  and  price  of 
bread  to  be  sold  and  used  in  the  city. 

Thirty -secoixd — To  regulate  the  size  of  bricks  made  or  used 
in  the  city. 

Thirty -third — To  provide  for  the  taking  an  enumeration  of 
the  inhabitants  of  the  city. 

Thirty- fourth — To  regulate  the  election  of  all  the  elective 
city  officers,  and  provide  for  removing  from  office  any  pei’son 
holding  an  office  created  by  this  act,  or  by  ordinance,  not  other- 
wise provided  for. 

Thirly-Jiffh — To  provide  for  the  appointment  of  all  officers, 
servants,  and  agents  of  the  corporation,  not  otherwise  ])rovided 
for. 

Thirty-sixth — To  fix  the  compensation  of  the  city  officers, 
and  regulate  the  fees  of  all  jurors,  witnesses,  and  others,  for  ser- 
vices rendei'ed  under  this  act,  or  any  ordinance. 

Thirty-seventh — To  impose  fines,  forfeitures,  and  penalties, 
for  the  breach  of  any  ordinance,  and  provide  for  the  recovery  and 
appropriating  such  fines  and  forfeitures,  and  the  enforcement  of 
such  penalties. 


DIGEST  OF  CHARTERS  AND  LAWS. 


H)() 

Thirty-eighth — To  erect  a workhouse  and  house  of  correction, 
and  provide  for  the  regulation  and  government  thereof. 

Thirty-ninth — To  create  the  office  of  port  warden,  and  define 
the  duties  thereof ; and  to  regulate  and  license  all  ferries  within 
the  limits  of  the  city. 

Fortieth — To  levy  and  collect  a poll  tax,  not  exceeding  fifty 
cents,  upon  every  free  white  male  person  over  twenty- one  years  of 
age,  who  shall  have  resided  six  months  within  the  city. 

Forty-first — To  remove  all  obstructions  from  the  sidewalks 
and  curbstones,  and  to  provide  for  the  construction  and  repair  of 
all  sidewalks,  and  for  the  cleaning  of  the  same,  and  of  the 
gutters,  at  the  expense  of  the  owners  of  the  ground  fronting 
thereon. 

Forty-second — To  prevent  and  restrain  any  riot,  rout,  noise, 
disturbance  or  disorderly  assemblages  in  any  street,  house  or  place 
in  the  city. 

Forty-third — To  prevent  and  remove  all  encroachments  into 
and  upon  all  streets,  lanes,  avenues,  and  alleys,  established  bylaw 
or  ordinance. 

Forty-fiourth — To  exercise  complete  and  perfect  control  over 
the  common,  and  all  of  the  property  belonging  to  the  city,  real 
or  personal,  whether  lying  within  or  beyond  the  limits  of  the 
corporation  created  by  this  act,  and  the  same  to  lease,  sell, 
transfer  and  dispose  of,  either  absolutely  or  with  limitation,  to 
any  person  or  persons  whatsoever  ; and  generally  to  make  such 
rules,  regulations,  by-laws,  and  ordinances,  for  the  purpose  of 
maintaining  the  peace,  good  government  and  order  of  the  city  of 
St.  Louis,  as  the  council  may  deem  expedient,  not  ]*epugnant  to 
the  constitution  or  laws  of  this  State  ; and  also  to  enforce  the 
observance  thereof,  by  inflicting  penalties  upon  any  inliahitant 
thereof,  or  other  person  or  persons,  for  the  violation  of  any 
ordinance,  not  exceeding  five  hundred  dollars  for  any  one  offense, 
recoverable  with  costs,  in  any  action  of  debt,  by  and  in  the  name 
of  the  city  of  St.  Louis,  for  the  use  of  the  city,  before  any  court 
having  cognizance  of  the  same. 

Forty-fiifth — To  drain  and  keep  di’ained  Chouteau’s  pond, 
whenever  they  deem  it  best  so  to  do  for  the  general  health. 

Forty-sixth — To  levy  and  collect  an  annual  i)ro  rata  tax  on 


Act  Mill  . 5,  1S65, 
§ 2,  \>  107. j 


DIGEST  OF  CHARTERS  AND  LAWS. 


191 


all  fire  insurance  companies,  for  tlie  purpose  of  defraying  the 
expenses  of  the  inspection  of  buildings  and  investigating  the 
causes  of  fires. 


Forty-s€ve7ifh — To  pass  ordinances  for  preserving  order,  ^ct  March  27.^ 
securing  property  or  persons  from  violence,  danger  or  destruc- 
tion, protecting  public  and  private  property,  and  for  promoting 
the  great  interests  and  insuring  the  good  government  of  the  city ; 
but  no  ordinance  hereby  passed,  or  that  may  hereafter  be  passed, 
by  the  common  council  of  St.  Louis,  shall  in  any  manner  conflict 
or  interfere  with  the  powers,  or  the  exercise  of  the  powers,  of  the 
board  of  police  commissioners  of  the  city  of  St.  Louis  ; nor^  shall 
the  said  city,  or  any  officer  or  agent  of  the  corporation  of  the 
said  city,  or  th(^  mayor  thereof,  in  any  manner  impede,  obstruct, 
hinder  or  interfere  with  the  said  board  of  police,  or  any  officer,  or 
servant,  or  agent  thereof  or  thereunder. 


Sec.  2.  The  common  council  shall  have  power,  by  ordinance,  March 

^ art.  V 

to  provide  for  borrowing  money  for  the  following  objects  : p- 101. 

First — To  complete  the  sewer  on  Biddle  street,  from  Ninth 
street  to  the  river. 


3, 

ii. 


Second — To  build  sewers  on  Poplar  street,  from  Tenth  street 
to  the  river ; on  Thirteenth  street,  from  Washington  avenue  to 
Poplar  street,  and  on  Seventh  street,  from  Olive  street  to  Biddle 
street. 

Third — To  purchase  ground  for,  and  erect  all  public  buildings  ib.,  amended  hy 

: „ , . , ; , act  February  23, 

necessary  tor  the  use  ot,  the  corporation,  and  also  to  purchase  i«b3,  § 3,  p.  loo. 
public  grounds,  and  to  improve  and  keep  the  same  in  repair  ; 
also  to  purchase  ground  for  and  erect  a town  hall,  and  other 
municipal  buildings,  in  any  part  of  the  city  of  St.  Louis  ; and 
to  issue  the  bonds  of  the  city  for  the  purpose,  under  the  same 
restrictions  as  are  provided  in  regard  to  other  loans. 

Fourth — To  erect  a new  reservoir,  and  to  extend  and  comiilete  ActMar.s,  issi, 

1 art.  vii.  § 14, 

me  waterworks.  4,  p.  101. 


Fifth — To  complete  the  works  necessary  for  the  improvement 
of  the  harbor,  and  to  improve  unimproved  streets. 

Sixth — To  erect  a house  of  refuge  and  correction  for  juvenile  ib.,  v 6,  anuui 
offenders;  Provided^  however^  That  every  ordinance  for  borroAving  23^  is63,  § 7,  p 
money  shall  specify  the  amount  to  be  borrowed  and  the  object  to 
which  it  is  to  be  applied,  and  shall  have  been  passed  by  a concur- 


192 


DIGEST  OF  CHARTERS  AND  LAWS. 


Act  March  3 
1861,  art.  vii, 

§ U,  IT  7,  p.  101. 


Tb.,  art.  vii, 

§ 10,  p.  100. 


Act  December  5, 
1853,  p.  118. 


rent  vote  of  two- thirds  * of  the  members  elect  voting  for  the  same  : 
Jiiul  provided  further^  That  no  such  ordinance  shall  be  in  force 
until  the  same  shall  have  been  submitted  to  the  qualified  voters  of 
the  city  for  their  approval,  to  be  taken  at  any  general  election 
held  in  this  city,  or  at  any  special  election  held  for  that  or  any 
Other  purpose,  if  so  ordered  by  the  council  in  the  ordinance 
proposing  the  loan. 

Seventh — To  pay  judgments  against  the  city  when  there  is 
otherwise  no  money  in  the  treasury  to  meet  the  same  ; and  in 
case  of  money  borrowed  for  this  purpose,  the  same  may  he  done, 
upon  a vote  of  two-thirds  of  the  council,  without  submitting  the 
same  *to  the  qualified  voters  of  the  city. 

(See  also  Chapter  XX,  section  1.) 

Sec.  3.  The  city  of  St.  Louis  shall  have  power  to  erect  and 
organize  a workhouse  in  St.  Louis  county.  Any  person  who 
shall  fail  or  neglect  to  pay  any  fine  or  costs  imposed  on  him  by 
any  ordinance  of  the  city  of  St.  Louis,  for  any  misdemeanor  or 
breach  of  any  ordinance  of  said  city,  shall,  instead  of  being 
committed  to  the  jail  of  the  county,  be  committed  to  the  work- 
house,  until  such  fine  and  costs  be  fully  paid:  Provided^ 
however^  That  no  such  imprisonment  shall  exceed  the  period  of 
six  months  for  any  one  offense.  Every  person  so  committed  to  the 
workhouse  shall  be  required  to  work  for  the  city  at  such  labor  as 
his  health  and  strength  will  permit,  within  or  without  said  work- 
house,  not  exceeding  ten  hours  each  day  ; and  for  such  work  and 
labor,  the  person  so  employed,  shall  be  allowed,  exclusive  of  his 
board,  fifty  cents  per  day  for  each  day’s  work,  Vvdiich  amount 
shall  go  toward  paying  such  fine  and  costs. 

Sec.  4.  The  cities  of  St.  Louis  and  Carondelet  shall  have 
power  to  make  any  contract,  agreement  or  arrangement,  by  which 
the  city  of  Carondelet  may  imprison  persons  in  the  workhouse  of 
the  city  of  St.  Louis,  or  in  the  inclosures  or  appurtenances 
thereof,  for  the  violation  of  any  ordinance  or  by-law  of  the  city 

*Tlie  25tli  section  of  “An  act  amendatory  of  and  supplementary  to  the 
several  acts  incorporating  the  city  of  St.  Louis,”  approved  Marcli  14, 
1850,  which  i)rovides  that  ‘‘a  concurrent  vote  of  two-thirds  of  all  the 
members  elect’  ’ shall  be  necessary  to  ]3ass  a tax  hill,  etc. , was  amended 
by  section  13  of  ‘ ‘An  act  for  the  relief  of  tlu*  city  of  St.  Ivouis,  ’ ’ approviul 
May  13,  1801,  so  as  to  retpure  a majoi-ity  vote  only  of  all  members  elect. 
4'he  above  section  is  not,  however,  referred  to  in  either  of  these  acts. 


DIGEST  OF  ClEAllTERS  AND  l.AWS. 


1 m 


of  Caroiulolct ; and  tlio  person  so  imprisoned  may  be  recpiired  by 
tlie  eity  of  Oarondelet  to  Avork  or  labor  in  such  Avorkhouse  or 
inelosure,  or  appurtenances  or  elsewhere,  under  such  rules  and 
regulations  as  said  city  of  Carondelet  may  by  ordinance  pre- 
scribe. 


Sec.  5.  The  common  council  shall  have  now'cr  to  make  all  ^ciMar  3,  issi, 

^ _ art.  Ill,  §3.  p 95. 

ordinances  Avhicli  shall  be  necessary  and  proper  for  carrying  into 
eftect  the  poAvers  vested  by  this  act  in  the  corporation,  the  city 
government,  or  any  department  or  officer  thereof. 

Sec.  6.  The  common  council  shall  have  poAver,  by  ordinance,  fl'' 
to  fix  the  compensation  of  all  its  members  and  other  city  officers. 

Sec.  7.  The  citv  of  St.  Louis  and  the  citv  of  Carondelet,  in  Act  Mar.  >8. -6 1, 

. r . § 1,  p- 147. 

the  county  of  St.  Louis,  are  hereby  authorized  to  annex  their 

respective  corporations,  upon  such  terms  and  conditions  as  regards 
boundaries,  indebtedness,  real  estate,  liabilities,  priAuleges,  im- 
munities, and  the  limitations  and  the  extent  thereof,  as  may  be 
agreed  upon  by  joint  ordinance  of  the  municipal  council  of  each 
of  said  cities  by  a majority  vote  of  the  memliers  of  each  council ; 

Provided^  That  Avithin  six  months  after  the  passage  of  such 
joint  ordinance,  the  same  shall  be  submitted  to  the  legal  voters  of 
each  of  said  cities,  and  be  approved  l)y  a majority  vote  of  such 
Anters,  respectAely ; in  AAdiich  CAmit  such  joint  ordinance  shall  be 
of  full  force  and  effect  as  if  the  same  had  been  passed  as  an  act 
of  the  General  Assembly  of  the  State  of  Missouri. 


CHAPTER  IV. 


()f  lilt  Municipal  Officers^ 


Assessor,  otlice  of  (U-eated...,, 

1 10 

diiti(‘s  of. 

....  10 

Auditor,  to  be  elected 

....7,  11 

term  of  of1i(te  of. 

7 

otlice  of  entated 

10 

duties  of. 

..10, 1:1 

Chief  oificer  iA'  oMy , who  to  be...  1 

(hty  attorney,  to  be  elected  ., 

....7,  11 

term  of  office  of. 

7 

otlice  of  creat(*d 

10 

diiti(3S  of. 

10 

Common  council,  m:iy  romoA’e 

mayor  from  ofHcc. 1 

Avlicn  to  decide  mavor’s  (‘lee- 

lion i ;i,  4 

pi'csideut  of  to  act  as  mayor, 
Avlieu.... G 

13 


t/ieii'  Power  and  Duties. 
Common  council,  mayor  to  eommuni- 


(•at(‘  Avitli 7 

mayor  may  call  extra  ses- 
sions of 8 

to  i)roc(‘(*d  against  oflicers  in- 
terested in  conti-acts 20 

Comptroller,  to  be  elected 7,  11 

term  of  otlice  of 7 

otlice  of  cr{‘at(*d 10 

duties  of. 10 

Contracts,  ollicers  not  to  be  in- 

b'rested  in 20 

not  to  b(‘  made  unless  a])i»ro- 

))riat(‘d  for — 22 

Counselor,  city,  o0ic(‘  of  (treated  10 

duties  of. 10 

Engineer,  city,  ollice  of  created  10 


114 


DIGEST  OF  CHARTERS  AND  LAWS. 


En(jinee7\  oity,  duties  of. ^10,  1(5 

to  b(‘  appointed  by  mayor 28 

term  of  oftiee  of. 28 

Fund  coimyiinnioner  ^ otH(*e  of 

created 10 

duties  of 10 

Gan  cojHinifisioner,  otlice  of  created  10 


Harboi'  inaate/^  to  be  elected 7,  11 

term  of  office  of. 7 

office  of  created 10 

duties  of 10 

Ijcmd  coimnissioner  ^ office  of 

created 10 

duties  of 10 

Marshal^  f'ify,  office  of  created  10 

duties  of. 10,  15 

3/ayo7’,  to  be  chief  officer  of  city  1 

to  be  elected 1 

term  of  office  of 1 

may  l)e  removed  from  office...  1 

(pialifications  of 4 

tie  in  election  of,  how  decided  8 
coiitesfed  elecfioii  of,  how 

decided 4 

vacancy  in  office  of,  liow  filled  5 

tie  in  office  of,  how  filled 5 

president  of  common  coun- 
cil to  act  as,  when 6 

to  appoint  certain  officers 7, 10 

may  remove  certain  officers...  7 
fo  see  laws  and  ordinances 

observed 7 

mav  remit  fines,  efc 7 

to  fill  vacancies 7 

to  communicate  with  com- 

•'inon  council 7 

may  call  special  sessions  of 

council 8 

to  state  cause  of  special  ses- 
sions  0 


May 01'.  to  reside  in  city 17 

effect  on,  of  removing  from 

city 17 

to  re])ort  officers  interested 

in  conti-acts 20 

Officers,  to  reside  in  city 17 

not  to  be  interested  in  con- 

tracts 20 

not  to  hold  two  appoint- 
ments  20 

cmlx'zzliug  moneys,  penalty,  21 
to  make  no  contracts  unless 

ap[)ro[)rlated  for 22 

President  o f common  council.,  when 

to  act  as  mayor (► 

(liialificafions  of  mayor 2 

of  recorder 18 

Recorder,  to  be  elected 7,  11 

([ualilications  of 18 

jurisdiction  of  18 

duties  of 18,  10 

to  report  to  mayor 10 

term  of  office  of 7 

Register,  city,  to  be  elected 7,  11 

term  of  office  of. 7 

office  of  created 10 

duties  of. 10,  12 

Superintendent  of  water  works., 

office  created 10 

duties  of. 10 

Superintendent  of  workhouse.,  of- 
fice creah'd 10 

duties  of 10 

Treasurer,  city',  to  be  elected... 7,  11 

term  of  office  of 7,  28 

office  of  created 10 

duties  of 10,  14 

Vacancies,  mayor  maj' fill 7 

Vacancy  in  office  of  mayor.,  how 
filled ■ 5 


Act  Mar.  3,  ]851, 
art.  iv,  § 1.  p.  96, 
as  amended  hy 
act  Mar.  1 1 ’59, 
§6,  |)  128 


lb.  §2  p.  96.  as 
ameniled,  p 128. 


Ib.  §3.  p.  96  as 
amended,  p.  12H. 


Section  1.  Tlie  cliiei*  executive  officer  of  the  city  shall  be  the 
mayor,  who  shall  be  elected  by  the  qualified  voters  of  the  city, 
and  who  shall  hold  his  office  for  the  term  of  two  years,  and  until 
his  successor  is  duly  elected  and  qualified  ; and  may,  for  misde- 
meanor in  oftice,  be  removed  from  office  by  the  board  of  common 
council,  if  three-fourths  of  all  the  members  elected  to  said  ])oard 
shall  vote  for  such  removal. 

Sec.  2.  No  person  shall  be  mayor  who,  at  the  time  of  his 
election,  is  not  possessed  of  tJie  qualifications  requij-ed  for  a 
councilman,  or  who  holds  any  lucrative  office  under  the  authority 
of  the  United  States. 

Sec.  8.  When  two  or  more  persons  shall  have  an  equal  number 
of  votes  for  the  office  of  mayor,  the  board  of  common  council 
shall  decide  the  election. 


DKIEST  OF  CIIAIITERS  AND  LvVWS. 


1 ur> 


8i^X\  4.  Whencvor  an  election  for  mayor  shall  be  contested,  the 
council  shall  determine  the  same  hy  vote. 

Sec.  5.  Whenever  any  vacancy  shall  happen  in  the  office  of 
mayor,  it  shall  l)e  filled  by  election,  in  such  manner  as  shall  be 
provided  for  by  ordinance. 

Sec.  0.  The  president  of  the  hoard  of  common  council  shall 
exercise  the  duties  and  receive  the  compensation  of  mayor,  when- 
ever and  so  long  as,  from  any  cause,  said  office  of  mayor  shall  be 
vacant,  or  the  mayor  be  absent  from  the  city. 

Sec.  7.  The  mayor  shall,  subject  to  the  approval  of  the  board 
of  common  council,  appoint  every  officer  of  the  city,  except  the 
comptroller,  city  recorder,  auditor,  treasurer,  register,  harbor 
master,  and  city  attorney,  who  shall  be  elected  in  the  same  manner 
as  heretofore,  whose  term  of  office  shall  be  the  same  as  that  of  the 
mayor  ; and  the  mayor  shall  have  power  to  remove  any  such  officer 
by  him  appointed:  Provided,  That  three-fourths  of  the  members 
elect  to  such  board  shall  vote  foi*  such  removal. 

The  mayor  shall  take  care  that  the  laws  of  the  State  and  the 
ordinances  of*  the  city  are  duly  enforced,  respected  and  observed 
within  the  city  ; he  may  remit  fines,  forfeitures  and  penalties 
accruing  from,  or  imposed  for,  the  violation  of  any  ordinance  of 
the  city  ; he  may  fill  all  vacancies  which  may  occur  in  any  elective 
office,  other  than  that  of  councilman,  until  the  same  be  filled  by 
election;  and  in  any  other  office,  until  the  end  of  the  session  of 
the'  board  of  common  council  which  shall  next  happen  after  the 
vacancy  shall  have  occurred  ; he  shall,  fi'om  time  to  time,  give  to 
the  common  council  information  i-elative  to  the  state  of  the  city, 
and  shall  recommend  to  their  consideration  such  measures  as  he 
shall  deem  ex})edient  for  the  advantage  of  the  city. 

Sec.  8.  The  mayor  may  call  special  sessions  of  the  board  of 
common  council,  by  proclamation. 

Sec.  1).  Whenever  a special  session  of  the  common  council 
shall  have  been  called  by  the  mayor,  he  shall  state  to  them,  when 
assembled,  the  cause  for  which  they  have  been  convened. 

Sec.  10.  There  shall  be  a city  register,  city  auditor,  city 
treasurer,  city  marshal,  city  attorney,  city  engineer,  city  comp- 
troller, harbor  master,  city  counselor,  land  commissioner,  gas 
commissioner,  superintendent  of  workhouse,  superintendent  of 
waterworks,  assessor,  and  fund  commissioner,  who,  in  addition  to 


Ib.  § 1,  I).  97,  an 
aiiieiKlt'd,  p.  I2b 


Ib.  § 5,  p.  97. 


Ib.  Art.  iii.  §13, 
p.  96. 


Act  Mar.  14,  ’59. 
§ 8,  p.  128 


Act  Mar.  3, 1861, 
art.  iv,  §7,  p. 
97,  as  amended 
by  act  March  14, 
1859. 


Act  Mar.  3,  1861, 
art.  iv,  §8,  p 97, 
as  amended  by 
act  Mar  14,  ’69. 
lb.  §9,as  amend- 
ed by  act  Marcli 
14,  1859. 


Act  Mar.  3, 1861, 
art.  iv,§10,  p 97. 
Act  Feb  23,  ’63. 
§ 4,  p 106;  act 
Dec.  13, 1855,  §1, 
p.  121 ; act. Ian 
16,  I860,  §’6,  p. 
136;  act  March 
14,  1869,  §2,  p. 


196 


DIGEST  OF  CHARTERS  AND  LAWS. 


' 126;  act  Dec.  11, 
1855,  p.  120  ; act 
Jan.  17,  1863.  §2, 
p.  147  ; act  Mar. 
5,  1855_,§1,  p.  109. 


Act  Mar.  3,  ’51, 
art.  iv,§ll,  p.97, 
as  ameiuled  by 
act  Mar.  14,  ’69, 
p.  128;  also,  act 
Feb.  23,  1853, 

§ 4,  p.  106. 

Ibid,  § 12. 


Ibid,  § 13. 


Ibid,  § 14. 


Act  Mar.  3,  ’61, 
art.  iv,  § 15,  as 
amended  by  act 
Mar.  14.  1859,  p. 
97. 


Ibid,  § 16. 


Ibid,  § 17,  p.  98. 


the  duties  prescribed  by  this  act,  shall  perform  such  other  duties 
as  may  be  prescribed  by  ordinance ; there  shall  also  be  such  other 
officers,  servants  and  agents  of  the  corporation,  as  may  be  pro- 
vided by  ordinance,  to  be  appointed  by  the  mayor,  by  and  with 
the  advice  and  consent  of  the  board  of  common  council,  and  to 
perform  such  duties  as  may  be  prescribed  by  ordinance. 

Sec.  11.  The  city  register,  city  auditor,  city  attorney,  city 
comptroller,  city  recorder,  city  treasurer,  and  harbor  master, 
shall  be  elected  by  the  qualified  voters  for  the  office  of  mayor. 

Sec.  12.  It  shall  be  the  duty  of  the  city  register  to  keep  a 
record  of  all  the  official  acts  of  the  mayor,  and,  when  necessary, 
to  attest  them.  He  shall  keep  and  preserve  in  his  office  the 
common  seal  of  the  city,  and  all  records,  pulilic  papers  and  docu- 
ments of  the  city,  not  properly  belonging  to  any  other  office. 

Sec.  13.  It  shall  be  the  duty  of  the  city  auditor  to  prescribe 
the  mode  of  keeping,  stating  and  rendering  all  accounts,  unless 
otherwise  provided  by  ordinance,  between  the  city  and  any  person 
or  body  corporate. 

Sec.  14.  It  shall  be  the  duty  of  the  city  treasurer  to  receive 
and  keep  the  money  of  the  city,  and  to  pay  out  the  same  on 
warrants  drawn  by  the  auditor. 

Site.  15.  The  city  marshal  shall,  within  the  city,  in  matters  of 
a criminal  nature,  arising  under  any  law  of  the  State,  possess 
the  same  powers,  perform  the  same  duties,  and  receive  the  same 
compensation  as  either  constable  of  St.  Louis  township  ; ho  shall  « 
execute  and  return  all  processes  issued  by  the  mayoi*,  recorder, 
any  councilman  or  justice  of  the  peace,  under  this  act  or  any 
ordinance  of  the  city. 

Sec.  16.  It  shall  be  the  duty  of  the  city  engineei'  to  superin- 
tend the  construction  of  all  public  works  ordered  by  the  city ; to 
make  out  plans  and  estimates  thereof,  and  to  contract  for  the 
execution  of  the  same  ; and  to  perform  all  surveying  and  engi- 
neering ordered  by  the  city:  Fi'ovidvd,  hou'ever.  Such  })lans 
and  contracts  shall  be  first  approved  by  the  board  of  common 
council,  or  they  shall  not  be  valid. 

Sec.  it.  The  mayor,  and  all  other  officers  oF  tlio  corporation, 
shall  reside  witliin  the  limits  of  the  city  during  their  continuance 
in  office ; and  if  the  mayor  of  the  corporation  sliall  cease  to 


DIGEST  OE  Cl  [MITERS  AND  LAWS. 


DJ7 


reside  'witliiii  tlie  limits  of  tlie  same,  Ids  office  shall  he  tlierehy 
vacated. 

Sec.  18.  The  recorder  shall  possess  the  same  (|ualiflcations  as  ibui,  § is. 
the  mayor,  under  the  provisions  of  this  act,  and  may  be  removed 
from  office  in  the  same  manner  as  the  mayor  ; he  shall  have  the 
same  jurisdiction  as  jnstices  of  the  peace,  within  the  limits  of 
the  city,  in  all  State  cases  ; he  shall  have  a jurisdiction  over  all 
cases  arising  under  any  ordinance  of  said  city,  subject,  however, 
to  an  appeal,  in  all  cases,  to  the  St.  Louis  criminal  court;  and 
every  such  appeal  shall  be  taken  and  granted  in  the  same  manner 
as  appeals  are  taken  from  and  granted  by  justices  of  the  peace 
to  the  criminal  court,  under  the  general  law  of  the  State.  He 
shall  charge,  in  all  cases,  the  same  fees  which  are  now  allowed  to 
justices  of  the  peace  for  the  same  kind  of  services,  which  shall 
be  charged  and  collected  as  other  costs,  and,  when  collected, 
paid  into  the  city  treasury. 

Sec.  19.  The  recorder  shall  make  a semi-annual  report  of  all  ibid,  § i9. 
fees  charged  for  his  services,  which  report  shall  be  verified  by 
affidavit  and  returned  to  the  mayor,  who  shall  submit  the  same  to 
the  first  meeting  of  the  common  council  thereafter. 

Sec.  20.  No  officer  of  the  city  shall  be  interested  in  any  con-  Act  March  i t, 

1869,  ^27,  p i;V2. 

tract  under  the  city,  directly  or  indirectly,  in  any  manner 
whatever  ; and  any  apjiointed  officer  becoming  so  interested,  shall 
be  dismissed  from  office  immediately  by  the  mayor  ; and  on  the 
mayor’s  being  satisfied  that  any  elective  officer  is  so  interested, 
he  shall  immediately  suspend  said  officer,  and  report  the  facts  to 
the  board  of  common  council;  whereupon  the  board  shall,  as 
soon  as  practicable,  meet  to  hear  and  determine  the  same,  and  if, 
by  a two-thirds  vote,  he  be  found  so  interested,  he  shall  be  imme- 
diately dismissed  from  such  office.  No  officer  shall  hold  two 
appointments  under  the  city  government. 

Sec!  21.  Any  officer  or  emjiloyee  of  the  city  who  shall  appro-  ibui,  § lo,  p.  129. 
priate  to  his  own  use,  or  to  the  use  of  any  other  person,  any 
money  lielonging  to  the  city,  or  the  interest  thereon  accruing, 
when  the  same  is  dejiosited  in  a bank  or  other  institution,  or  with 
any  banker,  or  other  jierson,  shall  be  deemed  guilty  of  embezzle- 
ment, and  be  punished  by  imprisonment  in  the  county  jail  for  a 
term  not  less  than  two  years. 


108 


DIGEST  OF  CHARTERS  AND  LAWS. 


Act  May  13,  ’61, 
§ II,  p.  145. 


Act  Mar.  3,  ’61, 
art.  iv,  § 11,  p. 
97,  as  amended 
by  act  Feb.  23, 
Ib53,  § 4,  p.  106, 
and  also  by  act 
Dec.  11,  1855,  p. 
120. 


Act  Mar.  3,  ’61, 
art.  V,  § 1,  p.  98, 
■IS  amended  by 
act  Mar.  14,  ’.59, 
§8,  p.  123. 


Ibid,  § 2. 


Ibid,  § 3. 


Sec.  22.  No  officer  of  said  city,  authorized  to  make  contracts 
on  behalf  of  the  city  for  work,  or  materials,  shall  make  any  such 
contract  which  shall  rei^uire  the  expenditure  of  any  greater  sum 
than  the 'amount  actually  appropriated  by  existing  ordinance  for 
such  work  or  materials. 

Sec.  28.  The  city  engineer  shall  be  ajipointed  by  the  mayor,  by 
and  with  the  consent  of  the  board  of  common  council ; and  he 
and  the  city  treasurer  shall  hold  their  office  for  one  year,  and  until 
their  successors  are  duly  qualified. 


CHAPTER  V. 


0/  Elections. 


Common  council  to  appoint  judges 

of  election .' ^ 

Election  for  niimicipal  otticers, 

when  held 

judges  of,  how  appointed 

to  take  oath 

Elections,  result  of,  how  ascer- 
tained   

to  be  by  ballot 

where  iiot  to  be  held 

how  long  to  continue 

special,  how  provided  for 

proceedings  on  tie  in 

Grogshops.,  elections  not  to  be 

held  in 

Judges  of  election,  how  appointed 
to  take  oath.. 


Judges  of  election,  when  to  open 

3 and  close  polls \ 3 

how  to  ascertain  result  of 

1 elections 3 

3 Officers,  when  elected..,. 1 


3 when  opened  and  closed...  3 

I how  many  to  be  opened 4 

3 I not  to  be’closed  during  day...  7 

2 Qualification  of  voters (> 

5 Special  elections,  how  jirovided 

7 ! for 8 

8 I Voters  to  vote  by  ballot 2 

1)  j in  wards  in  which  they  re- 

I side 2 

5 1 how  many  may  be  present  at 

3 j counting 3 

3 I qualitications  of G 


Section  1.  A general  election  for  all  the  officers  of  the  corpor- 
ation, required  to  be  elected  biennially  by  this  act,  shall  be  holden 
on  the  first  Monday  of  Ajiril,  in  the  year  1851),  and  eyery  hvo 
years  thereafter. 

Sec.  2.  At  all  elections  for  city  officers,  the  yoters  shall  yote 
by  ballot,  and  only  in  the  wards  wherein  they  res})ectively  reside. 

Sec.  8.  Judges  of  election  shall  be  ajipointed  by  the  lioard  of 
common  council ; they  shall  take  an  oath  to  faithfully  and  impar- 
tially discharge  their  duties  ; they  shall  ojien  the  ])olls  at  sunrise 
and  close  them  at  sunset,  when  they  shall  forthwith  proceed  to 
ascertain  and  certify  the  result  of  the  election,  in  pi-esema'  of  so 
many  of  the  candidates  oi’  other  ])ersons  of  all  jiarties,  indis- 
criminately, as  can  be  conveniently  aycoininodati'd  in  the  room 
selected  for  the  puiqiose  : Provided.,  Idiat  there  shall  never  be 


DIGEST  OF  CHARTERS  AND  LAWS. 

loss  tliaii  ten  voters  present  at  any  count,  IF  so  many  desire  to 
he  |)resent. 

Sec.  4.  Hereafter,  not  less  than  nvo  polls  shall  he  opened  in 
each  of  the  wards  in  said  city  at  elections. 

Sj'/j.  5.  No  election  shall  he  held  in  a grogshop,  or  other  place 
where  intoxicating  li(piors  are  vended. 

Sk?.  6.  All  persons  (pialified  as  electors  under  the  tenth  section 
of  the  third  article  of  the  constitution  of  the  State  of  Missouri, 
who  shall  have  i-esided  six  months  within  the  city,  and  one  month 
Viithin  the  ward  Avhere  they  offer  to  vote,  next  preceding  the 
election,  shall  be  deemed  qualified  voters  at  all  elections  for  city 
officers. 

Sec.  7.  Elections  for  city  officers  shall  continue  hut  one  day, 
and  during  that  day  the  polls  shall  not  he  closed  under  any  pretense 
whatsoever. 

Sec.  8.  Special  elections  to  fill  vacancies  shall  he  held  under 
such  regulations  as  may  he  provided  for  ))y  law  or  ordinance. 

Sec.  Ih  Whenever  there  shall  he  a tie  in  the  election  of  city 
officers,  the  judges  of  election  shall  cei'tify  the  same  to  the  mavoi’, 
who  shall  issue  his  proclamation  immediately  thereupon,  stating 
such  fact,  and  ordering  a new  election. 


CHAPTER  A I. 


Of  (Jpdiln^  and  Jniprovi nii^  Streets. 


Alleys.  ])r()C(*(*( ling’s  to  oixai ^2 — 9 

(;ost  of  i)aving  and  i’(*i)air-  ' 

ing,  liow  paid 10,  17 

(‘iigiiHH'i’  to  kcej)  in  i’(‘pair 11 

wIkmi  council  to  ord(*r  grad- 
ing and  paving  of. El  | 

Aecnues.  ])roc.(‘cdings  to  o])cn 2 — 9 j 

(see  stre(*ts) 

Jle?iefits.  on  openingstrccls,  etc., 

how  ass(*ssed 4 j 

to  he  lien  on  propta-ly 4 

(hrriaye  v)ay . cost  of  i’(‘pairing,  ■ 

who  to  pay 10  ' 

(Vianqe  of  qrade  of  street,  city 

liallle  for.. IG 

Comnwn  council  not  to  order  ' 

work  on  iinopeiu’d  str<‘(4...  1 ^ 

may  cause;  all(*ys  to  he  clean-  i 

ed  and  paved 1 j 

to  appropriate  beiietits  as-  j 

sessed (5  [ 

to  conlirm  or  I’eject  impiest...  G i 


Coniynon  council.  j)ro(*(‘edings  of, 

when  title  in  dispute ^ G 

when  to  cause  streaUs,  etc., 

to  he  i‘(‘j)aired 12 

to  ordei’  certain  work  on 

]K‘tltlon 12,  El,  14 

not  to  order  certain  work  at 

cost  of  ownei’s El , 15 

(fnyipensation  for  land  takeni  to 

oi»en  str(*(‘ts,  (dc. 2,  4 

Cost  of  work  on  sti’iads.  how 

paid 10,  12,  El,  15,  17 

Curlriny.  \\’ho  to  pay  cost  of 10 

Dunwyes  for  land  in  ojaming 

stre'cts,  how  ascei’talned 11,  4 

payment  of,  how  secured 4 

not  awardeal  to  peditioners 

foi’  opcinng  sti’ced , etc • 7 

Fjtujineer.  city,  too  kea'p  side;- 

walks  and  all(*ys  in  r(‘i)air...  11 

Crude  of  streets,  city  liahh;  for 
change;  in .* IG 


\\)\) 

Act  I)(*c.  .i,  1865, 

§ 12,  p.  118. 

Act  Mar.  3,  '51, 
art.  V,  § 4,  p.  5)8. 

Ibid,  § 5. 


Ibid,  § 6. 

Ibid,  § 7. 

Act  Feb.  15,  '4  1 
art  iv,  §17,  p.6  7 


200 


DIGEST  OF  CHARTERS  AND  LAWS. 


Grading  streets,  wlio  to  piiy ^ 10 

Guttering,  who  to  ])ay 10 

hnprovmg  streets , etc. , cost  of, 

how  paid 10,  12,  18,  15,  17 

Judgments  ao-uiiist  city  on  open- 
ing’ streets,  nature  of. 9 

Jury,  to  ascertain  tlie  value  of 

land  taken 2,  4 

iinpiest  of,  may  he  set  aside  5 
Land  commissioyier,  duty  of  in 

oi)ening’  streets,  etc! 2 — G 

to  appoint  jury 3 

to  give  notice  to  owners 8 

may  set  aside  inquest  of  jury  5 
to  report  inquest  to  council.!.  G 
may  agree  with  land  owners...  8 
May's) ml,  city,  to  serve  notices 


on  land  owners 3 

Notices  to  land  owners,  how 

served 3 

Opening  streets.,  etc.,  proceed- 
ings in VI 

Owners  of  land  to  be  compensated 

for  property  taken 2 , 4 

to  pay  benefits,  when 4 


Otoners  of  land  may  petition  for 

opening  strec'ts,  etc ^ 7 

may  agree  with  land  com- 
missioner  8 

Paving  streets,  etc.,  how  paid  10 
Public  squares,  proceedings  to 

oi)en 2 — 8 

Repairing  streets,  etc.,  who  to 

l)ay 10 

Sidewalks,  cost  of  paving,  etc., 

how  paid 10 

how  to  keep  in  repair 11 

Special  taxes  for  improving 

sti-eets,  etc.  1.5,17 

Streets,  provisions  concerning...  VI 
compensation  for  land  taken 

to  open 2 

proceedings  to  open 2 — 9 

cost  of  grading  and  repair- 
ing, how  paid 10,  15,  17 

■when  to  be  graded  and  ]>aved . . . 12 

city  liable  for  change  of 

grade  in IG 

Wharf,  proceedings  to  open 2 


Act  Mar.  14,  ’69, 
g 15,  p.  130. 


Section  1.  It  shall  not  be  lawful  for  the  board  of  common 
council  to  grade,  pave,  macadamize,  clean,  water,  or  light  any 
street,  lane,  avenue,  or  wharf,  not  established  and  opened 
according  to  law  and  ordinance.  It  shall,  nevertheless,  be  lawful 
for  the  common  council  to  order  the  owner  or  owners  of  ground 


fronting  on  any  private  alley  to  keep  the  same  clean,  and,  if 
necessary  thereto,  to  direct  him  or  them  to  pave  the  same. 

Acfjan.  16, ’60,  Sec.  2.  Whenever  the  council  shall  provide  l)y  ordinance  for 

g ,p.  136.  establishing,  opening,  widening  or  altering  any  street,  avenue, 
alley,  wharf,  or  public  scpiare,  and  it  becomes  necessary  for  that 
purpose  to  take  private  property,  and  no  agreement  can  be  made 
with  the  owner  or  owners  thereof,  just  compensation  shall  be  made 
therefor  to  the  person  or  persons  whose  property  is  so  taken, 
which  the  land  commissioner  shall  cause  to  be  ascertained  by  a 
jury  of  six  disinterested  freeholders  of  the  city,  the  particulars 
of  which  proceeding  shall  be  prescribed  by  ordinance. 

Ibid,  g6,  p.  137.  Sec.  8.  The  land  commissioner  shall  appoint  a day  of  impan- 
neling  a jury  and  ascei’taining  the  damages,  at  least  six  days’ 
notice  of  which  shall  be  given  to  the  person  whose  property  is 
proposed  to  bo  taken  ; and  if  any  of  tlie  owners  thereof  are 
unknown  or  cannot  be  found  by  the  marshal  of  the  city,  or  are 
absent  from  the  city  (and  the  return  of  the  marshal  shall  be 
conclusive  as  to  the  facts  therein  stated),  ])ublication  tlu'reoi 


DIGEST  OE  CHARTERS  AND  l.AWS. 


liol 


shall  be  iiiade  in  at  least  two  of  the  city  daily  newspapei’s,  for  at 
least  four  weeks  before  the  day  a})pointed,  notifying  all  owners 
and  others  interested  in  the  })ropei-ty  proposed  to  be  taken,  that, 
on  the  day  therein  named,  the  land  commissioner  will  cause  the 
property  therein  described  to  be  condemned  for  public  use  as  an 
alley,  street,  avenue,  wharf,  or  s(|uare,  as  the  case  may  be,  and 
damages  to  be  assessed  therefor  as  herein  provided  ; and  such 
notice,  by  publication  as  aforesaid,  shall  be  binding  upon  all  per- 
sons whatsoever  having  any  interest  in  any  property  that  may  be 
charged  by  the  verdict  of  the  jury,  and  with  the  payment  of  any 
portion  of  the  damages  in  consideration  of  benefits  to  be  derived 
by  them. 

Sec.  4.  It  shall  be  the  duty  of  the  jury,  first,  to  ascertain  the  p.  137. 

actual  value  of  the  land  proposed  to  be  taken  for  the  opening, 
widening,  or  altering  of  an  alley,  street,  avenue,  wharf,  or  pub- 
lic square,  without  reference  to  the  proposed  improvement ; then, 
for  the  payment  of  such  sum,  to  assess  against  the  city  the 
amount  of  benefit  to  the  public  generally,  and  the  balance  against 
the  OAvner  or  owners  of  property  benefited  by  the  opening  of  such 
alley,  street,  avenue,  Avharf,  or  square,  according  to  the  value  of 
the  property  so  assessed,  and  in  the  proportion  that  sucli  property 
may  be  respectively  l)enefited  by  the  ])ro})osed  improvement ; and 
the  sum  or  sums  to  be  paid  l)y  the  OAvner  or  OAvners  of  property 
respectively  benefited  by  the  im])rovement,  as  ascertained  by  the 
jury,  shall  be  a lien  upon  the  ])roperty  so  charged,  and  shall  be 
collected  as  provided  by  ordinance. 

Sec.  5.  The  land  commissioner  shall  have  poAA'ci-,  for  good  ibid,  gs,  p.  137. 
cause  shoAvn,  AA’itbin  ten  da3\s  after  any  impiest  shall  have  been 
returned  to  him,  to  set  the  same  aside,  and  cause  a ncAv  impiest 
to  be  made. 

Sec.  6.  If  the  verdict  of  the  jury  be  not  set  aside  by  the  land  ibid.p,  p,  137. 
commissioner,  it  shall  be  bis  duty,  Avithin  one  month,  to  rcjiort 
the  same  to  the  council,  and,  if  confirmed  by  the  council,  an 
appropriation  shall  be  made  to  ])ay  such  sums  as  shall  be  assessed 
against  the  city,  and  it  shall  be  hiAvful  for  the  city  to  take  jios- 
session  of  the  ground  so  condemned  for  public  use;  but  if  not 
confirmed  by  the  council  Avithin  tAvo  months  after  being  reported 
to  them  by  the  land  commissioner,  all  the  proceedings  shall  b^i 
void.  If  the  title  to  any  pro])erty  proposed  to  be  condemned  be 


DICxEST  OF  CHARTERS  AND  LAWS. 


•io2 


ill  controversy,  iiotliiiig  shall  be  paid  therefor  until  the  right  to 
the  money  ascertained  by  the  verdict  of  the  jury  is  determined 
by  a court  of  competent  jurisdiction,  in  a suit  between  the  par- 
ties respectively  claiming  the  same ; none  of  the  costs  of  which 
litigation  shall  be  borne  by  the  city  unless  the  city  be  one  of  the 
claimants  ; and  during  such  contro^'ersy  the  money  shall  remain  in 
the  city  treasury. 

ii.i.i.  3 i>  137.  Sec.  7.  When  the  OAvners  of  the  major  part  of  the  front  of  all 
the  property  on  the  street,  avenue,  alley  or  Avharf  proposed  to 
be  opened,  Avidened  or  established,  shall  petition  the  council 
therefor,  the  city  council,  if  the  improvement  proposed  by  the  pe- 
titioners be  deemed  expedient,  shall  provide  by  ordinance  for  the 
opening,  Avidening  or  establishing  the  same  ; and  the  proceedings 
for  the  condemnation  of  property  so  proposed  to  be  taken  shall 
in  other  respects  be  conducted  as  is  prescribed  in  this  article, 
Avhen  it  is  sought  to  condemn  property  for  public  use,  Avifhout  the 
petition  of  the  property  holders,  but  no  damage  shall  be  aAvarded 
to  any  OAViiers  so  petitioning. 

u.i.i,?i!,j>  137.  Sec.  8.  Whenever  one  or  more  of  the  OAvners  of  property 
Avhich  it  may  be  necessary  to  take  for  public  use  in  the  opening 
of  any  street,  avenue,  alley,  or  Avharf,  shall  propose  to  reliiupiish 
such  property  Avithoiit  claim  of  dajnages,  on  condition  of  exemp- 
tion from  payment  of  benefits  for  further  ojiening  of  such  im- 
provement, or  upon  other  conditions,  the  land  commissioner  shall 
be  authorize*!  to  compromise  or  agree  Avith  such  pei'sons,  and  to 
i-emit,  abate  and  exempt  them  from  the  payment  of  damages,  in 
consideration  of  the  payment  of  benefits  AAdiolly  or  partly,  as 
equity  may  seem  to  re(piire,  and  ])roceed  to  condemn  such  other 
])roperty  as  may  not  be  relinquished  for  the  purpose,  and  to  assess 
the  damages  and  benefits  thereof  to  and  upon  such  other  persons 
as  may  be  damaged  or  benefited  by  such  improvement,  and  ro- 
])ort  his  proceedings  to  the  council,  anything  in  this  act  contained 
to  the  contrary  notAvithstanding. 

p i3s.  9^  Judgments  against  the  city  on  account  of*  damages  to 

])rivate  pro])erty,  in  cases  of  opening  streets,  shall  not  be  con- 
sidered as  ordinary  judgments,  but  such  judgment  shall  be  held 
in  abeyance,  and  the  city  shall  not  take  ])ossessi()n  oP  the  ground 
condemned  until  such  judgments  shall  ])e  confirmed  ainl  a])pro])ri- 
ations  made  to  pay  the  same  out  of  the  general  revenue. 


DIGEST  OF  CHARTEl^H  AND  LAWS. 


Se(\  10.  The  cost  of*  grading,  ])aviiig,  repairing,  and  repaving  Act^Maj;^. 
sidewalks,  curbing  and  gutters  alongside  included,  and  of:*  re})aving 
the  entire  carriage-way,  gutter  included,  of  any  street  or  any 
portion  of*  any  street ; also,  the  cost  of  grading,  paving,  or  re])aii‘- 
ing  the  pavements  of  any  alley  in  the  city  of  St.  Louis,  shall  be 
borne  by  the  owners  of  the  adjoining  property. 

Sec.  11.  The  city  engineer  is  hereby  empowered,  under  the  ibid,  §2,  p.  iut 
control  of  the  common  council,  to  repair  and  keep  in  repair  all 
streets  and  alleys  in  the  city  of  St.  Louis,  and  to  that  end  cause 
all  the  work  to  be  done  mentioned  in  the  foregoing  section. 

Sec.  12.  In  those  cases  where  the  common  council  shall  deem  uid,  §3,  p.  a s. 


it  necessary,  and  also  in  all  cases  where  the  owners  of  the  major 
part  of  the  lots  or  lands  fronting  on  any  paved  street,  or  portion 
of  a paved  street,  or  iwiy  paved  alley  or  portion  of  a paved 
alley,  may  petition  for  repaving  the  same,  the  common  council 
shall  cause  such  repaving  to  be  done  in  manner  prescribed  by 
ordinance. 

Sec.  13.  In  those  cases  where  the  city  council  shall  deem  it  ibid,  g i.  p.  iot>. 
necessary,  and  also  in  all  ca:ses  uhere  the  owners  of  the  major 
part  of  the  lands  or  lots  fronting  on  any  alley  or  portion  of  an 
alley  shall  petition  for  the  grading  and  paving  of  the  same,  the 
city  council  may  cause  such  grading  and  })aving  to  be  done,  in 
manner  to  be  prescribed  by  ordinance. 

Sec.  14.  But  the  common  council  of  the  city  of  St.  Louis  shall  ActAUiy  i;r  ’61, 

g 16,  p.  1 It;. 

have  no  power  to  pave,  macadamize,  curb,  or  gutter,  any  street  or 
alley,  at  the  expense  of  jiropei’ty  oAvners  whose  property  fronts  on 
such  street  or  alley,  unless  a majority  in  intei'est  on  such  street  or 
alley  shall  consent  thereto  in  writing,  or  unless  the  same  shall  be 
declared  a nuisance  by  a jury  of  six  disinterested  citizens  of  said 
city:  Provided^  That  the  provisions  of  this  section  shall  not 
apply  to  any  street  or  alley  where  two  or  more  blocks  are  OAvned 
by  one  person,  or  one  estate  ; but  tlu'  above  jirovisions  of  the  law 
shall  apply  in  all  such  cases. 

Sec.  lb.  The  mayor  and  common  council  shall  have  ])OAver,  by  Act  Miir.  n, '6!), 
ordinance,  to  levy  and  collect  a sjtecial  tax  on  the  oAvners  or’ 
occupiers  of  the  lots  on  any  street,  lane,  or  avenue,  or  j)art  of 
any  sti’eet,  lane,  or  avenue,  accoi-ding  to  the  respective  fronts 
oAvned  or  occu})ied  by  them,  for  the  [)ui-])ose  of  jtaving  or  grading 
the  sideAvalks  on  such  street,  lane,  oi‘  avenue  : Pr'oiddt'd , The  said 


204 


DIGEST  OF  CIIARTERS  AND  LAWS. 


Ibid,  ^23,  i>.  132. 


Act  Feb.  15^  -64, 
i^2,  p.  162 


special  tax  shall  not  exceed  the  cost  of  such  grading,  or  pa\dng, 
according  to  the  respective  fronts  aforesaid:  and  provided 
further^  That  no  such  improvement  shall  he  ordered  until  the  street 
in  front  of  such  improvement  shall  have  first  been  planked,  paved, 
or  macadamized,  in  the  center  thereof. 

Sec.  16.  In  the  event  of  any  alteration  of  an  established 
grade  of  street  or  allejy  the  city  shall  be  liable  for  all  damages 
resulting  from  such  change  of  grade,  the  damages  to  be  assessed 
by  a jury  imparmeled  for  that  purpose,  by  any  court  of  proper 
jurisdiction. 

Sec.  17.  The  cost  of  paving,  macadamizing,  or  otherwise 
improving,  constructing,  reconstructing,  and  repairing  all  streets, 
alleys,  and  other  highways  in  the  city  of  St.  Louis,  which,  under 
existing  laAvs,  is  chargeable  to  the  property  adjoining  or  in  the 
vicinity  of  such  Avork,  shall  be  assessed  by  the  city  engineer  as  a 
special  tax  against  such  property,  in  such  manner  as  the  common 
council  may  by  ordinance  direct,  and  shall  be  collected  as  other 
taxes  are  collected,  according  to  the  provisions  of  an  act  of  the 
General  Assembly  of  the  State  of  Missouri,  entitled  “An  act  in 
relation  to  the  assessment  and  collection  of  taxes  in  the  city  of 
St.  Louis,  levied  for  the  purposes  of  the  government  thereof,  ” 
approved  January  17,  1863. 


CIIAI>TER  YII. 


Of  the  Ahno  and  Extended  Axw  Limits 


As.srssors,  to  (listin^ui.«li  rcA^omie 

from  iicAV  limits i 

Colle.cfors,  to  (listin,i]fuisli  roATime 

from  new  limits 

Comnviftee  on  iniprovemeMU  in  mnv 
limits  (see  iieAV  limit  (‘om- 

mittee 

Comynon  council , not  to  appropri- 
ate neAV  limit  fund,  Avhen  3 
to  provide  for  exiienditnre 

of  neAV  limit  fund (5 

may  reject  i-eimrt  of  lunv 

liinit  committee 0 

to  establish  plan  for  streads 

in  extended  ncAV  limits 10 

to  order  (;ertain  work  on  pe- 
tition  11,  12 

Cost  of  iniprovlny  streets  in  ex- 

lended  mnv  limits,  bow  jiaid  1 1 
Engineer  (city)  to  (linnet  Avork 

ill  ncAV  limits (> 


Extended  new  limits,  Avhat  dis- 

1 trict  to  compose \ 8 

taxes  in,  not  to  exceed  AA'bat...  0 
1 plan  to  be  established  for 

streets  in 10 

streets  in  to  conform  to  iilan...  10 
Avlien  streets  in,  to  be  im- 

l)roved 11,  12 

costs  of  improvinjj:  streets  in, 

lioAV  paid 11 

harbor  tax  in 13,  11 

])olice  force  in lo 

Grading  in  extended  nevj  limits^ 

when  to  b(‘  ord('r('d 11 

cost  of,  how  paid 1 1 

llarhor  tax  in  extended  new  Ibnits  13 

how  ex])eud(Ml 11 

fmprorenient  of  streets  in  iu'aa' 

limits,  how  ord(M-(‘d 1,  5,  0 

in  (‘xtended  new  limi  ts 1 1 


DRIEST  OF  CIlAllTEJiS  AND  LAWS. 


:2(> 


Macadamizing  in  extended  new  lim- 
its^ wlioii  ordcMvd I 11 

cost  of,  ll0^v  paid 11 

New  limit  coaimittee,  liow  coiii- 

])O.S('d 4 

duties  of. 4 

to  report  to  comnioii  eouneil 

rei)ort  of  to  be  published 4 

of  two  adjoiiiiu^'  wards,  how  4 

to  aet 5 

coniiuoii  eouneil  may  reject 

report  ot ' (> 

Neiv  limit  fund ^ how  determined  1,  2 
not  to  he  applied  to  repaii-ing- 

streets 3 

when  not  to  he  iipi)ropi-iated,  3 

common  council  to  provide  for 

expenditure  of. G 

New  limit  law^  how  long  to  re- 
main in  force .' 7 


New  limits,  revenue  from,  pro- 
visions concc'rning ^1,  2,  3 

Paving  in  extended  neto  limits^ 

when  to  he  ordered 11 

cost  of,  how  api)lied 11 

Police  force  for  extended  new 

limits 15 

Revenue  from  new  limits,  how 

a])plied 1,  2,  3 

Streets^  what,  to  he  improved  out 

of  new  limit  fund 3 

in  extended  new  limits,  to 

contorm  to  general  plan 10 

how  improved 11 

Taxes  in  extended  new  limits, 

maximum  of 9 

for  harbor,  to  l)e  paid  in  ex- 
tended new^  limits 13 

for  harbor,  how  applied 14 


Section  1.  In  making  tlie  assessment  of  tlie  revenue  of  the  city  Act  Mar.  i, 
of  St.  Louis,  the  assessors  shall  so  arrange  and  make  out  their 
books  as  to  distinguish  tlie  revenue  arising  from  taxes  on  prop- 
erty in  the  several  wards,  situated  within  the  new  limits  of  tlie 
city  (which  were  added  to  the  city  by  an  act  approved  February 
fifteenth,  eighteen  hundred  and  forty-one,  entitled  An  act  to 
amend  an  act  to  incorporate  the  city  of  St,  Louis,  approved  on 
the  eighth  day  ol‘  February,  eigliteen  hundred  and  thirty-nine”), 
from  the  revenue  accruing  from  taxes  on  property  situated  in  the 
old  limits  of  the  city,  as  they  existed  before  the  ])assagc  of  the 
above  recited  act,  so  as  to  show  liow  much  revenue  is  derived 
from  taxes  on  property  situated  Avitldn  said  new  limits,  added  to 
the  said  city  of  St.  Louis  ])y  tlie  above  recited  act ; and,  in  like 
manner,  the  collectors  of  i-evenne  shall  kee])  their  accounts  so  as 
to  show  the  amount  of  revenue  derived  from  tax  on  licenses 
granted  Avithin  said  iicnv  limits,  and  outside  of  the  old  limits,  of 
the  respective  wards. 

Sec.  2.  When  the  whole  city  revenue  of  each  year  shall  have  iimi, 
been  collected,  there  shall  be  paid,  out  of  the  net  aggregate 
amount  thereof  deilved  from  taxes  and  licenses  of  every  kind; 

First — All  exjienses  of  the  city  liospital,  except  for  additions 
or  enlargement  of  the  buildings. 

Seco'nd — All  ([iiarantine  or  extra  ex])enses,  except  for  build- 
ings, that  may  have  been  incurred  within  the  year,  on  account  of 
the  danger  or  ])revalence  of  ejiidemic  disease. 

Third — All  interest  that  may  accrue  upon  money  borroAved 


2()U 


DIGEST  OF  CHARTERS  AND  LAWS. 


Act  Foil.  ‘23 
jJS,  !>.  106. 

Act  May  13 
^ 12,  p,  146. 


Act  Alar.  1 
M-  P-  89 
auiciuletl  b> 
JIarch  14, 
?3.  p.  1-28. 


Ibid,  ‘i  4. 


Ibid,  I b. 


for  tlic  construction  of  public  sewers  within  the  city,  which  have 
been,  or  may  be,  constructed  at  the  exiiense  of  the  city  ; and  then 
one-half  tlie  remaining  i-evenuc  derived  from  taxes  and  licenses 
as  afoi-esaid,  within  said  new  limits,  and  outside  of  old  limits, 
shall  be  set  apart  and  appropriated  to  the  making,  and  grading, 
and  improving  the  streets  within  said  new  limits,  and  outside  of 
said  old  limits,  in  each  of  the  several  wards  of  said  city,  in  pro- 
portion to  the  amount  of  such  revenue  derived  from  each, 
respectively ; and  no  part  of  the  revenue  thus  set  apart  shall  be 
used  for  other  purposes  than  as  herein  specified. 

> Sej.  ?).  No  part  of  the  new  limits  fund  shall  be  appropriated 
^»6i,  foi*  repairing  streets.  The  common  council  of  said  city  shall  not 
pass  any  ordinance  for  the  improvement  of  streets  in  the  new 
limits  of  said  city,  or  for  other  improvements  in  said  new  limits, 
to  be  paid  for  out  of  the  new  limit  fund,  when  the  amount 
recpiii’cd  for  such  improvement  exceeds  the  amount  actually  in  the 
treasury  of  said  city  to  the  credit  of  said  fund. 

• Sec.  4.  The  councilmen  fi'oni  each  ward,  for  the  time  being, 
185?  constitute  a standing  committee  on  improvements  for  the 

limits  of  said  ward,  and  shall  determine  upon  and  report  to  the 
common  council  wdiat  streets  within  the  new  limits  they  recom- 
mend the  improvement  of,  and  the  amount  to  be  expended  in  said 
improvement ; which  report  shall  be  in  writing,  signed  by  said 
committee,  and  shall  be  ])ublished  daily,  for  at  least  four  days, 
in  two  papers  publishing  the  proceedings  of  the  common  council ; 
and  if  the  council  then  concur  in  the  report,  they  sliajl  pass  an 
ordinance  providing  for  such  improvement,  as  in  other  cases. 

Sec.  5.  Whenever  a street  shall  form  a division  line  between 
that  part  of  any  two  wards  within  such  new  limits,  the  improve- 
ment committees  of  the  two  wards  may  act  jointly,  and  recom- 
mend that  an  eipnil  amount  from  the  new  limit  fund  of  each 
ward  be  appropriated  to  improve  such  street. 

Sec.  6.  It  shall  be  the  duty  of  the  common  council  to  pass 
such  rulej^,  make  such  oi*ders,  and  establish  such  regulations,  as 
will  cause  the  money  thus  set  apart  for  the  im})rovement  of  the 
new  limits  of  the  several  wai*ds  to  be  faithfully,  judiciously,  and 
economically  applied,  in  such  manner  as  will  best  promote  the 
interests  of  said  new  limits,  and  provide  for  the  manner  in  which 
the  fund  thus  set  apart  shall  be  paid  out  and  disbursed ; and  all 


DIGEST  OF  CirAirrEllS  AND  J.AWS. 


207 


such  iiuproveinciits  sliall  l)e  coiitractcMl  for,  and  constructed  under 
the  superintcudeiice  of  the  city  engdueer,  and  l)e  in  all  respects 
managed  as  other  city  improvements:  Pruvldvd^  hoiavcr^  That 
no  street  shall  be  improved  out  of  the  ne’vv  limit  fund  until  recom- 
mended by  the  improvement  committee  ; but  the  council  may  re- 
ject the  report  of  such  committee. 

Sec.  7.  The  above  provisions  of  this  act  are  hereby  continued  Act  jan  ih  .-bo, 

^ §3,  p.  136. 

in  force  until  the  twelfth  day  of  April,  eighteen  hundred  and 
sixty-six  : Provided^  however.  That  if  all  the  streets  in  the  new 
limits  of  any  ward  shall  hereafter  b~e  improved  before  the  expira- 
tion of  said  period,  then  and  in  that  case  the  provisions  of  this 
act  shall  cease  to  apply  to  said  ward,  and  all  the  revenue  collected 
in  said  ward  shall  remain  in  the  general  fund  of  the  city. 

Sec.  8.  The  district  of  country  added  to  the  city  of  St.  Louis  Act  ucc.  5, -on. 
by  an  act  entitled  ‘LAn  act  to  extend  the  limits  of  the  city  of  St.  ' 

Louis,  and  for  other  purposes,”  approved  December  5,  1855,  shall 
be  designated  the  ‘^extended  nenv  limits.” 

Sec.  9.  The  taxes  to  be  levied  by  the  mayor  and  city  council  ii.id  § i,  p.  ii6. 
upon  the  taxable  })roperty  in  said  extended  new  limits,  during  the 
period  of  ten  years  from  the  passage  of  this  act,  shall  not  exceed 
one-third  of  one  ])er  centum  per  annum  on  the  assessed  value 
thereof ; saving,  however,  the  harbor  and  other  taxes  hereinafter 
jirovided  fVn-. 


Sec.  10.  d'he  mayor  and  city  council  of  the  city  of  St.  Louis  iiaa  §:>  p in. 
shall,  without  unnecessary  delay,  estaldish  by  ordinance  a gen- 
eral plan  for  the  location  and  graduation  of  streets  within  said 
extended  new  limits  ; and  in  all  subdivisions  of  property  liereafter 
to  be  made  by  the  resjiective  owners,  they  sliall  ennform  their 
streets  to  said  general  plan,  urdess  it  be  otherwise  permitted  by 
ordinance. 


Sec.  11.  In  cases  where  the  mayor  and  city  council  shall  deem  ibi-i,  §6. 
it  necessary,*  and  also  in  all  cases  where  the  ownei’s  of  the  major 
part  of  the  land,  or  lots,  fronting  on  any  street,  or  portion  of 
street,  in  the  extended  new  limits,  shall  petitition  for  the  grading, 
paving,  or  macadamizing  thereof,  the  city  council  may  cause 
grading,  piiviiig  or  macadamizing  to  be  done  in  manner  as  ])re- 
sci’ibed  by  ordinance.  The  cost  of  all  rough  grading  shall  be 


* See  Chapter  VI,  section  14 


DIGEST  OF  CHARTERS  AND  LAWS. 


•JOS 


paid  out  of  the  general  city  treasury ; tlie  cost  of  all  paving, 
'vvlietlier  of  the  carriage-way,  gutters,  curbing,  sidewalks  or 
crossAvalks,  done  under  the  provisions  of  this  section,  shall  be 
apportioned  and  cliai-ged  on  the  adjoining  lots  in  the  propor- 
tion of  tlieir  front,  and  be  paid  by  the  owners  of  such  lots, 
respectively,  and  tliey  shall  be  bound  to  pay  for  the  same  as 
though  the  liabilities  were  contracted  by  themselves,  and  may 
be  sued  therefor  accordingly  ; and  the  lots  or  lands  chargeable 
therewith  shall  also  be  held  by  a lien  for  the  respective  appor- 
tioned share  of  such  cost  until  the  same  be  fully  paid.  Such 
lien  may  be  enforced  by  special  tax,  levy  and  sale,  or  by  pro- 
ceedings at  law,  all  according  to  such  proceedings  as  may  be 
prescribed  by  law. 

Act  Decern  12,  ggc.  12.  The  board  of  common  council  of  the  city  of  St. 

1S(>3  § 1,  p.  155.  _ . . . 

Louis  shall  cause  streets,  or  portions  of  streets,  in  the  extended 
new  limits  of  said  city,  to  be  improved,  whenever  a majority  of 
the  property  holders  resident  on  a street,  or  portion  of  a street, 
shall  petition  therefor. 

A-G'f Sec.  13.  In  addition  to  the  taxation  heretofore  authorized,  the 
mayor  and  city  council  may  levy  a tax,  not  exceeding  one-twentieth 
of  one  per  centum  per  annum,  upon  all  taxable  property  in 
the  territory  hereby  added  to  the  city  of  St.  Louis,  for  the  pre- 
servation and  continuation  of  the  improvements  in  the  harbor  of 
said  city. 


U'i  1.  § 8.  Sec.  14.  The  wharfage  collected  within  the  extended  new 


Act 

1863 


limits  shall  be  ex])ended  for  the  improvement  of  the  wharf,  in  the 
wards,  respectively,  where  collected,  and  separate  accounts  shall  be 
kept  for  that  purpose. 

uecoin.  12,  Sec.  15.  Ill  addition  to  the  police  force  authorized  by  ‘hVn 
act  authorizing  the  board  of  police  commissioners,  and  author- 
izing the  appointment  of  a police  force  for  the  city  of  St. 
Louis,”  approved  iMarch  27,  18'C)1,  there  shall  be  appointed, 
enrolled  and  enpiloyed,  an  additional  force  of  not  more  than 
thirty  men  and  one  captain,  and  ordinary  policemen,  as  is 
noAV  by  law  provided ; which  additional  force  shall  be  used  and 
employed  solely  in  the  extended  new  limits  of  the  city  of  St. 
Louis,  at  such  points  thereof  and  in  such  jiroportions  as  the 
several  localities  recpiire. 


DIGEST  OF  CHARTERS  AND  LAWS. 


209 


CHAPTER  YHI. 

Of  Savers. 


Sewer  distnets , how  prescribed . . . ^ 1 


Sewers,  ehissilieatioii  of 1 

Special  district  sewer  tax,  how 
applied 1 


Special  public  sewer  tax,  com- 

111011  council  to  levy I 1 

amount  of 1 

how  applied 1 


Section  1.  The  board  of  common  council  shall  have  power,  by  Act  Marci.  u, 

, 1 1 T ; 1 1859,  §14,  p.  129, 

ordinance,  to  cause  a general  sewer  system  to  be  established, 
which  shall  be  divided  into  three  classes  of  sewers,  namely: 
public,  district,  and  private  sewers.  Public  sewers  shall  be 
established  along  the  principal  courses  of  drainage,  at  such  times 
and  to  such  extent,  and  of  such  dimension,  and  under  such  regu- 
lations, as  may  be  provided  by  ordinance  ; and  there  may  be 
extensions  or  branches  of  sewers  already  constructed,  or  entirely 
new  throughout,  as  each  case  may  require.  The  board  of  com- 
mon council  shall  levy  a tax  on  all  property  made  taxable  for 
State  purposes,  over  the  whole  city,  to  pay  the  cost  of  construct- 
ing, re-constructing,  and  repairing  such  works  ; A>diich  tax  shall 
be  called  a “special  public  sewer  tax,”  and  shall  be  of  such 
amount  as  may  be  required  for  the  sewers  provided  by  ordinance 
to  be  built ; and  the  fund  arising  from  said  tax  shall  be  appro- 
priated solely  to  the  building,  re-building,  and  repairing  of  said 
sewers.  District  sewers  shall  be  established,  within  the  limits  of 
districts  to  be  prescribed  by  ordinance,  connecting  with  the 
public  sewers,  or  other  district  sewers,  or  with  any  natural  course 
of  drainage,  as  each  case  may  require.  Such  district  may  be 
subdivided,  enlarged,  or  changed,  by  ordinance,  at  any  time  pre- 
vious to  the  construction  therein.  The  common  council  shall 
cause  sewers  to  be  constructed  in  each  district,  whenever  a 
majority  of  the  property  holders  resident  within  a district  shall 
petition  therefor,  or  whenever  the  council  may  deem  such  scAver 
necessary  for  sanitary  or  other  purposes  ; such  scAvers  shall  be 
made  of  such  dimensions  as  may  be  prescribed  by  ordinance,  and 
may  be  changed,  enlarged,  or  extended,  and  shall  have  all  the 
necessary  laterals,  inlets,  and  other  appurtenances,  Avliich  may  be 
required.  So  soon  as  a district  scAver  shall  have  been  fully  com- 
pleted, the  city  engineer,  or  other  officer  having  charge  of  the 
work,  shall  compute  the  whole  cost  thereof,  and  shall  assess  it  as 
14 


210 


DIGEST  OF  CHARTERS  AND  LAWS. 


Act  Jaimarv  16^ 
I860,  § 4,  p.  136. 


Act  March '14, 
1859,  § 14,  p 129. 


a special  tax  against  the  lots  of  ground,  exclusive  of  improve- 
ments, in  proportion  to  the  area  of  the  whole  district,  exclusive 
of  public  highways  ; and  said  officer  shall  make  out  a certified 
bill  of  such  assessment,  against  each  lot  of  ground  v/ithin  the 
district,  in  the  name  of  the  owner  thereof.  Such  certificate  shall 
be  delivered  to  the  contractor  for  the  work,  who  shall  proceed  to 
collect  the  same  by  ordinary  process  of  law,  in  the  name  of  the 
city,  and  to  his  use ; and  in  cases  of  absent  owners  he  may  sue 
by  attachment,  or  by  any  other  process  known  to  law  ; and  each 
certificate  shall  be  a lien  against  the  lot  of  ground  described 
therein,  and  shall  bear  interest  at  the  rate  of  ten  per  centum  per 
annum,  from  thirty  days  after  the  date  of  issue  ; and  if  not  paid 
within  six  months  after  date  of  issue,  then  it  shall  bear  interest 
at  the  rate  of  fifteen  per  centum  per  annum,  until  paid. 

And  every  such  certified  bill  shall,  in  every  action  brought  to 
recover  the  amount  thereof,  be  pritna  facie  evidence  of  the 
validity  of  the  charge  against  the  property  therein  described,  and 
of  the  liability  of  the  person  therein  named  as  the  owner  of  such 
property. 

And  the  city  shall  incur  no  liability  for  building  district  sewers, 
except  whenever  the  city  is  the  owner  of  a lot  of  ground  within 
the  district,  and  in  that  case  she  shall  be  liable  for  the  cost 
of  said  sewer,  in  the  same  manner  as  other  property  owners 
within  the  district.  The  repairs,  cleaning,  and  other  incidental 
expenses  of  district  sewers,  shall  be  paid  out  of  a general  appro- 
priation for  that  purpose ; and  at  the  end  of  each  fiscal  year  the 
auditor  shall  report  to  the  common  council  the  amounts  paid  on 
account  of  each  district,  separately,  and  the  assessors  shall  be 
instructed  to  assess  the  amounts  so  charged  to  each  sewer  district, 
in  proportion  to  the  assessed  value  of  the  property,  as  a “ special 
district  sewer  tax,  ” and  shall  charge  it  as  an  item  in  the  general 
tax  bills  of  the  next  fiscal  year  following  the  expenditure. 
Whenever  district  sewers  have  ])een  already  constructed,  the  com- 
mon council  shall  have  power  to  assess  a special  tax  against  the 
property  in  such  sewer  district,  in  proportion  to  the  value  thereof, 
for  the  immediate  liquidation  of  the  bonded  debt  and  interest  of 
said  sewer  district ; and  the  accounts  of  the  said  sewei*  districts 
shall  thereafter  be  kept  in  accordance  with  the  provisions  of  this 
section  : F r ovule d.,  That  in  no  case  shall  a sewer  run  diagonally 


DIGEST  OF  CHARTERS  AND  LAWS. 


211 


through  private  property  'when  it  is  practicable  to  coiisti’uct 
it  parallel  to  one  of  its  front  lines  ; and  a public  sewer  shall 
not  be  constructed  through  private  property  when  it  is  pi’ac- 
ticable  to  construct  it  in  the  adjacent  street.  (See  Chapter 
XX,  section  1.) 


CHAPTER  IX. 

Of  the  City  Revenue. 


Appropriations,  certain,  com- 
mon council  to  make.  ..^1,  2,  3 
for  police  department,  maxi- 
mum of. 1 

for  wharf,  liow  to  be  ai)plied  2 
tor  special  objects,  liow  to  be 

applied 2 

not  to  exceed  certain  sum 4 

prohibited,  unless  money  on 

hand  5 

not  to  be  diverted,  except  by 

ordinance 7 

amount  of,  to  be  reported  to 

council 9 

Auditor,  to  I'eport  amount  of 

revenue,  when 9 

Auditor's  books,  ti-anscript  from, 

evidence,  when ]3 

Bills,  in  what  amount  city  to 

issue 10 

Bonds,  city  niaj'  issue  to  pay 

bonds  due 4 

Common  council,  how  to  a])pro- 

priate  money 1,  2,  3,  4,  5 

members  of,  liable  for  certain 

vote 5 

to  publisli  statement  of  re- 
ceipts, etc IG 

Comptroller,  to  cancel  certain 

accounts 0 

Delinquent  officers,  proceedings 

a‘,minst 12,  13,  14,  If) 

mayor  to  order  suitaoainst 12 

what  to  be  evidence  in  trials 

against 13 

cases  ag-ainst,  triable  at  return 

term 14 

when  trials  against  may  be 


what  claims  allowed  to 15 

Fiscal  year,  when  to  terminate,  17 

Harbor  tax,  how  applied 2 

Health  department,  appropria- 
tions to  be  made  for 3 

Hospital,  appi-opriations  to  be 

made  for 3 

Interest,  api)ropriations  to  be 
made  for  payment  of. 3 


Liqhtinq  the  city,  appropriations 

to  be  made  for ^ 3 

Mayor,  liable  for  approving  cer- 
tain bills 5 

to  order  suit  against  delin- 
quent officers  12 

Notes,  in  what  sums  city  to 

issue IG 

Offieers,  liable  for  diverting  ap- 
propriations   7 

del i 11  (1  u e n t , p rocee d i n gs 

against 12,  13,  14,  15 

Police  department,  appropriations 

to  be  made  for 1 

Receipts  and  expenditures,  council 

to  publish  a statement  of IG 

Revenue,  how  a))plied 1,  2,  3,  4 

excess  of,  how  applied 4 

sejiarate  account  of,  to  be 

kept 8 

amount  of  to  be  reported  by 

auditor  and  tnaisurer 9 

conncil  to  publish  a statement 

of IG 

Sinking  fund,  approinlations  to 

be  made  for 3 

Special  accounts,  certain,  to  be 

canceled G 

Special  taxes,  how  applied 2 

Statement  of  receipts  and  expendi- f 

tures,  to  be  published ( IG 

Avhat  to  contain IG 

Taxes,  special,  how  applied 2 

Treasurer,  to  report  amount  of 

r(‘ veil  lie 9 

Treasury  warrants,  city  may  is- 
sue  11 

Trial  of  delinquent  officers,  pro- 
visions for 12,  13,  14,  15 

what  to  be  evidence  in 13 

triable  at  relurn  term 14 

when  to  be  (jontinued  14 

what  claims  allowed  in 15 

Warrants,  in  what  sums  to  be 

issued 10,  11 

( See  trcilsuiy  warrants.) 

W harfage.  appropriations  for, 
how  applied 2 


212 


DIGEST  OF  CHARTERS  AND  LAWS. 


Act  March  27, 
1861,  § 16,  p.  143. 


Act  February  5. 
1864,  § 1,  p.  158; 
Act  Decem.  12, 
1863,  § 6,  p.  156. 


Act  February  23, 
1853,  gl,  p.  104. 


Act  March  27, 
1861,  § 16,  p.  143, 
as  amended  by 
act  February  5, 
1864,  § 1,  p.  158 


Act  March  14, 
1859,  §13,  p 129. 


Section  1.  The  board  of  common  council  of  the  city  of  St. 
Louis  are  hereby  required,  in  the  first  appropriation  ordinance  of 
the  fiscal  year,  to  set  apart  and  appropriate  the  amount  certified 
to  them  by  the  police  commissioners  of  the  city  of  St.  Louis,  as 
the  necessary  expenses  of  the  police  department  for  the  current 
fiscal  year,  payable  out  of  the  ‘special  fund  set  apart  for  that 
purpose,  the  whole  of  said  appropriation  for  police  purposes  not 
to  exceed  the  sum  of  one  hundred  and  seventy-five  thousand 
dollars. 

Sec.  2.  The  revenue  received  from  wharfage  (deducting 
expenses  of  collecting  the  same,  and  other  incidental  expenses 
attendant  thereon)  shall  be  applied  and  appropriated  exclusively 
to  the  improvement  of  the  wharf,  until  the  same  be  completed ; 
and  the  harbor  tax,  and  all  other  special  taxes,  shall  be  applied 
exclusively  to  the  objects  to  which  they  are  applicable  by  law. 

Sec.  3.  When  the  city  revenue  of  each  year  shall  have  been 
collected,  there  shall  be  paid,  out  of  the  net  aggregate  amount 
thereof  received  from  taxes  and  licenses  of  every  kind : 

First — The  amount  necessary  to  pay  the  interest  upon  the 
indebtedness  of  said  city. 

Second — The  amount  necessary  for  the  expenses  of  the  city 
hospital  and  health  department. 

Third — The  amount  necessary  for  the  expense  of  lighting  the 
city  with  gas  ; and 

Fourth — The  sum  of  ten  thousand  dollars  required  by  law  to 
be  placed  to  the  credit  of  the  sinking  fund  of  said  city.* 

Sec.  4.  The  appropriations  and  contracts  made  and  entered 
into  by  the  board  of  common  council,  during  any  one  fiscal  year, 
for  all  objects  of  the  public  service  (except  special  expenditures, 
payable  out  of  special  revenue  or  taxes),  shall  not  exceed  the 
income  of  the  previous  fiscal  year,  after  deducting  from  such 
income  the  proceeds  of  special  revenue  and  taxes  ; but  if  the 
income  of  any  one  fiscal  year,  excepting  therefrom  the  special 
revenue  and  taxes  applicable  to  special  objects  of  expenditure, 
shall  be  found  to  exceed  the  amount  of  appropriations  herewith 
authorized,  the  board  of  common  council  shall  appropriate  such 
excess  of  income  to  the  payment  of  the  public  debt. 


*For  appropriations  concerning  tiie  new  limits,  sec  Chap.  VII,  j).  204. 


DIGEST  OF  CHARTERS  AND  LAWS. 


213 


P^'ovided.  hotucver.  That  the  council  may  issue  new  bonds  for  ActFebruary23, 

\ 1863,  § 1,  p 104. 

the  purpose  of  paying  bonds  matured,  and  apply  the  proceeds  to 
the  payment  of  bonds  so  falling  due,  or  may  appropriate  the 
surplus  revenue  of  each  year  to  the  payment  of  such  bonds,  or 
the  creation  of  a sinking  fund  for  that  purpose. 

Sec.  5.  From  and  after  the  second  Monday  of  October,  1861,  ActMayi3,i86i, 

. . ’ § 8,  p. 145. 

the  common  council  of  the  city  shall  not,  after  having  passed  a 
general  appropriation  bill,  pass  any  ordinance  appropriating 
money,  unless  the  amount  thereby  appropriated  be  actually  in  the 
treasury  of  the  city  and  not  recpiired  to  meet  appropriations 
already  existing.  Any  member  of  said  common  council  voting 
for,  and  any  mayor  approving,  any  ordinance  passed  in  violation 
of  this  section,  shall  be  jointly  and  severally  liable  in  his  personal 
estate  for  any  amount  drawn  from  the  treasury  of  said  city  in 
pursuance  of  any  such  ordinance. 

Sec.  6.  The  comptroller  of  said  city  shall  cause  to  be  canceled  ibid,  § lo, p.  i45. 
all  special  accounts  on  the  books  of  the  auditor  of  said  city 
showing  an  unexpended  balance  to  the  credit  of  any  special 
fund,  when  he  shall  be  satisfied  that  such  apparent  balance  has 
been  authorized  and  used  in  the  payment  of  indebtedness  of 
said  city. 

Sec.  7.  No  sum  of  money  appropriated  by  ordinance  to  any  ibid,  § 9,  p.  i45. 
particular  fund  or  object,  shall,  except  in  pursuance  of  change  in 
the  appropriation  thereof  by  ordinance,  be  diverted  from  such  fund 
or  object,  or  used  for  any  other  purpose ; and  any  officer  of  said 
city  making  or  authorizing  any  such  diversion,  or  use,  shall  be 
liable  in  his  personal  estate  for  any  amount  so  diverted  or  used  for 
any  purpose  or  object  other  than  that  for  which  the  same  was 
especially  appropriated. 

Sec.  8.  A separate  account  shall  be  kept  of  the  revenue  appli-  ActMar.s,  i85i, 

^ ^ 3.rtvii§  23  j) 

cable  to  the  different  objects  in  this  act  indicated,  and  of  the  102. 
disbursements  on  account  of  each. 

Sec.  9.  At  each  session  of  the  city  council,  stated  or  special,  ibid, § 23, p 102. 
and  on  the  first  day  thereof,  the  auditor  and  treasurer,  under  such 
penalty  as  may  be  prescrilied  by  ordinance  for  neglect  thereof, 
sliall  lay  liefore  the  council  and  the  mayor  a statement  showing 
the  amount  of  income  derived  from  the  revenue  of  the  preceding 
fiscal  year,  and  the  appropriations  for  the  different  objects  to  Avhich 


214 


DIGEST  OF  CHARTERS  AND  LAWS. 


the  revenue  is  applicable  during  the  then  current  fiscal  .year,  certi- 
fied by  them  jointly. 

Ibid,  §24,  p.  102.  gEC.  10.  No  warrant,  bill,  or  note,  shall  he  issued  by  the  city 
to  any  creditor  of*  the  city,  for  less  than  one  thousand  dollars, 
or  the  entire  amount  due  by  the  city  to  such  creditor,  if  the 
same  be  less  than  such  sum,  or  the  balance  remaining  due  to 
such  creditor,  after  the  issue  to  him  of  such  thousand- dollar 
securities. 

ActMay  13, 1861  g^c.  11.  But  the  citv  is  autlioi’ized  to  issue  an  amount  not 

§ 1 and  2,  p.  146. 

exceeding  two  hundred  thousand  dollars  of  city  treasury  warrants. 
Act  March  23,  in  denominations  of  one,  two,  and  three  dollars  ; and,  also,  issue 

1863,  §6,  p.  161.  . , . 

three  hundred  thousand  dollars  of  similar  warrants,  subject  to  the 
action  of  the  common  council ; and  to  issue  treasury  warrants 
ActMar.  3 1861,  anew  ill  place  of  those  returned  mutilated  and  worn. 

Sec.  12.  Whenever  any  revenue  or  other  city  officer,  account- 
able as  such  for  money  received  or  receivable  by  him,  shall  neglect 
or  refuse  to  pay  into  the  treasury  of  the  city  the  sum  or  balance 
reported  by  the  auditor  to  be  due  from  him  to  the  city  upon  the 
adjustment  of  his  account,  the  mayor  shall  order  suit  to  be  com- 
menced in  the  proper  court  against  such  delincpient  officer  for  such 
sum  or  balance,  adding  thereto  the  commissions  of  the  delin- 
quent, which  shall  be  forfeited  in  every  instance  ivliere  suit  is 
commenced  and  judgment  obtained  thereon,  and  an  interest  of 
six  per  cent,  per  annum  from  the  time  of  receiving  the  money, 
or  when  it  shall  have  been  received,  until  it  shall  be  paid  into 
Ibid, § 18,  p.  101.  the  treasury. 

Sec.  13.  In  every  case  of  delinquency,  where  suit  has  been 
or  shall  be  instituted,  a transcript  from  the  boohs  of  the  auditor, 
certified  by  him,  shall  be  admitted  as  evidence,  and  the  courts 
trying  the  cause  may  grant  judgment  and  award  execution 
Ibid,  1 19,  p.  101.  accordingly. 

Sec.  14.  When  suit  shall  be  instituted  against  any  delinquent 
as  aforesaid,  the  court,  where  the  same  may  be  pending,  shall 
grant  judgment  at  the  return  term,  upon  motion,  unless  the 
defendant  shall,  in  open  court — the  city  attorney  being  present — 
make  oath  or  affirmation  that  he  is  entitled  to  credits  which  had 
been,  previous  to  the  commencement  ot*  tlie  suit,  submitted  to 
the  consideration  of  the  auditor,  and  rejected,  S])eci tying  eacli 
particular  item  so  rejected  in  the  affidavit,  and  that  he  cun  not 


DIGEST  OF  CHARTERS  AND  LAWS. 


215 


then  safely  come  to  trial ; oath  or  affirmation  to  this  effect  being 
made,  subscribed  and  filed,  if  the  court  be  thereupon  satisfied,  a 
continuance  until  tlie  next  succeeding  term  may  be  granted ; but 
not  otherAvise. 

Sec.  15.  In  suits,  such  as  aforesaid,  no  claim  for  a credit  ibid, g 20, p.  102. 
shall  be  admitted  upon  trial  but  such  as  shall  appear  to  have 
been  presented  to  the  auditor  for  his  examination,  and  by  him 
disallowed  in  Avhole  or  in  part ; unless  it  be  proved  to  the  satisfac- 
tion of  the  court  that  the  defendant  is,  at  the  time  of  the  trial, 
in  possession  of  vouchers  not  before  in  his  poAver  to  procure,  and 
that  he  A\^as  prevented  from  exhibiting  a claim  for  such  credit  to 
the  auditor  by  some  unavoidable  accident. 

Sec.  16.  The  city  council  shall,  at  least  once  a year,  not  ibia,  g 1,  p.  100. 
more  than  thirty  nor  less  than  tAventy  days  before  the  annual 
election,  cause  to  be  published,  in  the  neAvspapers  employed  to  do 
the  city  printing,  a full  statement  of  all  the  receipts  and  expendi- 
tures of  every  description  for  the  current  fiscal  year,  including 
all  the  moneys  Avhich  have  passed  through  the  hands  of  the 
comptroller  or  treasurer,  for  any  purpose  Avhatever  ; together  Avith 
the  different  sources  of  the  city  revenue,  the  amount  received 
under  each,  the  several  appropriations  made  by  the  said  city 
council,  the  objects  for  which  the  same  Avere  made,  and  the  sums 
expended  for  each ; also,  a statement  of  all  money  borroAved 
upon  the  credit  of  the  city,  Avhether  by  temporary  loans  or  by 
the  issue  of  bonds,  the  terms  upon  AAdiich  they  Avere  obtained, 
the  authority  under  Avdiich  they  Avere  borroAved,  and  the  purpose 
to  which  they  Avere  applied,  and  hoAV  much  of  the  same,  or  other 
city  indebtedness,  has  been  repaid,  and  by  AAdiat  means.  The 
statement  shall  also  include  a detailed  account  of  tlie  city  property, 
existing  debts  of  every  description,  Avitli  all  such  other  informa- 
tion as  may  be  necessary  for  a full  understanding  of  the  financial 
concerns  of  the  city. 

Sec.  17.  The  fiscal  year  of  the  city  shall  terminate  on  the  day  ibia,  ^15,  p.ioi. 
preceding  the  second  Monday  of  April  in  each  year. 


216 


DIGEST  OF  CHARTERS  AND  LAWS. 


CHAPTER  X. 


Of  the  Sinking  Fund  and  Fund  Commissioner. 


Bonds.,  fund  commissioner  to 

purcliase g 

to  be  canceled,  how 

Common  council.,  sell  rail- 
road stock 

to  provide  for  compensation 

of  fund  commissioner 

Comynons,  certain  jjroceeds  of  to 

go  to  sinking  fund 

Coynpty'ollei' .,  to  deliver  certain 
assets  to  fund  commis- 
sioner   

Coupoyis.,  certain,  how  to  be  can- 
celed   

Fund  commissionei' . mayor  to  ap- 
point   

term  of  office  of. 

duties  of. 

to  report  to  mayor 

to  invest  funds  in  city  bonds... 
to  cancel  certain  bonds  and 

coupons  

may  protest  unpaid  coupons... 
to  report  to  common  council... 
amount  and  terms  of  bond 

of  - 

qualifications  of. 

may  be  removed  from  office... 


4 

4 

5 
8 
2 


2 

4 

1 

1 

1 

3 

4 

4 

4 

5 

G 

G 

G 


Fund  commissioner.,  what  acts  of 
to  constitute  embezzlement^ 

compensation  of. 

Interest  on  sinking  fund,  in‘0- 

visions  concerning 

Mayor.,  to  nominate  fund  com- 
missioner  

to  approve  bond  of  fund  com- 
missioner   

to  fill  vacancy  in  office  of  fund 

commissioner 

and  fund  commissioner,  to  de- 
termine deposit  of  fund 

may  agree  on  rate  of  interest 
Clualifications  of  fund  commis- 
sioner   

Railroad  stock.,  proceeds  of  to  go 

to  sinking  fund 

common  council  may  order 

sale  of 

dividends  of  to  be  applied  to 

sinking  fund 

Sinking  fund.,  created 

what  to  be  used  for 

what  to  consist  of. 

how  deposited 

interest  on,  provisions  con- 
cerning  


7 

8 

9 

1 

G 

G 

3 

9 

G 

2 

5 

5 

2 

2 

2 

3 

9 


Act  Mar.  5, 1865,  SECTION  1.  The  mavor  of  the  city  of  St.  Louis  shall,  as  soon 

§ 1.  p.  108,  as  • 1 f . . 

March *^14^^185?  pi'acticahlo  after  the  passage  of  this  act,  and  every  ttvo  ^^ears 

P'  thereafter,  nominate  to  the  hoard  of  common  council  an  officer 

to  be  called  the  Fund  Commissioner ; who,  when  confirmed  by  the 
board,  shall  hold  his  office  for  two  years,  and  until  his  successor 
is  appointed  and  qualified,  unless  sooner  removed  for  cause ; whose 
duty  it  shall  be  to  manage  and  control  the  sinking  fund  hereafter 
created. 

Ibid,  §2,  p.  109.  Sec.  2.  There  is  hereby  created  a sinking  fund  for  the  city  of 
St.  Louis,  the  proceeds  of  which  shall  be  appropriated  exclusively 
to  the  purchase  of  bonds  issued  by  said  city.  Said  fund  shall 
consist  of  the  sales  of  the  city  stores  in  block  number  seven ; 
also,  three-fourths  of  the  net  proceeds  of  the  sales  of  the  city 
commons  in  the  year  1854,  and  three -fourths  of  the  net  proceeds 
of  the  sales  of  the  city  commons  and  other  lands  belonging  to 
the  city,  when  further  sales  shall  be  made  ; also,  all  the  railroad 
stock  belonging  to  the  city,  in  any  railroad  terminating  in  the 


DIGEST  OF  CHARTERS  AND  LAWS. 


217 


city,  or  opposite  to  tlic  same,  in  tlie  State  of  Illinois  ; and,  in 
addition  thereto,  the  treasurer  of  the  city  shall,  on  the  first  Mon- 
day in  October,  in  each  and  every  year,  pay  over  to  the  fund 
commissioner  the  sum  of  ten  thousand  dollars  out  of  the  general 
revenue  of  the  city,  which,  together  with  the  money,  notes,  and 
railroad  stock  above  mentioned,  shall  constitute  a perpetual  and 
irrevocable  sinking  fund  for  the  payment  of  the  city  debt:  Fro- 
vided^  That  all  installments  of  ten  thousand  dollars  per  annum, 
due  and  unpaid  to  the  fund  commissioner  prior  to  the  first  day  of 
January,  A.  D.  1864,  which  are  provided  to  be  paid  by  the 
treasurer  of  the  city,  out  of  the  general  revenue  of  the  city,  on 
the  first  Monday  in  October  of  each  year,  shall  not  be  so  paid, 
and  the  fund  commissioner  shall  not  be  entitled  to  receive  any 
portion  thereof. 

The  city  comptroller  shall,  as  soon  as  said  fund  commissioner  ^2^  ^ 
is  appointed  and  has  executed  bond  for  the  faithful  performance 
of  his  duties,  deliver  to  said  commissioner  all  the  notes  on  hand, 
arising  from  the  sale  of  the  city  stores  and  the  sale  of  commons, 
which  belong  to  said  sinking  fund;  he  shall  also  give  to  said 
commissioner  an  order  on  the  treasurer  for  the  money  arising 
from  said  sales  belonging  to  said  sinking  fund  and  now  in  the 
treasury,  and  shall  take  the  receipt  of  the  commissioner  for  said 
money  and  notes ; and  all  other  money  hereafter  derived  from 
sale  of  the  commons,  and  such  other  lands  as  may  be  sold  by  the 
city  and  belonging  to  said  sinking  fund,  shall  bo  paid  and  deliv- 
ered to  the  commissioner  without  delay. 

Sec.  3.  The  money  and  notes  received  by  the  commissioner  ibid,  § 3,  p.  109. 
from  every  source  shall,  as  soon  as  received,  be  deposited  at  such 
bank,  banking-house,  or  savings  institution,  as  the  mayor  and 
commissioner  may  agree  upon : Provided however^  That  no 
bank,  banking-house,  or  savings  institution,  shall  be  entrusted 
with  said  sinking  fund  until  the  president  or  principal  thereof 
shall  have  executed,  in  favor  of  the  city  of  St.  Louis,  a bond  for 
one  hundred  thousand  dollars,  with  such  individual  security  as 
shall  be  satisfactory  to  the  mayor,  conditioned  for  the  safe-keep- 
ing and  for  the  prompt  payment  of  said  sinking  fund,  or  any 
part  thereof,  whenever  the  same  may  be  demanded  by  said  fund 
commissioner ; which  deposit  shall  be  to  the  special  credit  of  the 
city,  to  be  drawn  out  only  upon  the  check  of  the  commissioner, 


218 


DIGEST  OF  CHARTERS  AND  LAWS. 


Part  of  clause 
repealed,  act 
Nov.  18,  1857, 

§ 1 and  2,  p.  124 


Act  Mar  6,1855, 
§ 4,  p.  109. 


Ibid,  9,  p.  109. 


Ibid,  § «,  p.  no. 


made  payable  to  the  order  of  the  mayor,  and  endorsed  by  him. 
And  said  fund  commissioner  shall  at  all  times  keep  the  mayor 
fully  advised  of  his  transactions  as  fund  commissioner ; and  the 
mayor,  and  the  chairmen  of  the  committees  of  ways  and  means 
of  the  respective  hoards  of  the  city  council,  shall  constitute  a 
committee  to  examine,  cpiarterly,  the  books,  accounts  and  vouch- 
ers of  the  fund  commissioner,  and  make  a report  thereon,  to  be 
filed  in  the  comptroller’s  office.  The  fund  commissioner  shall 
also  make  a semi-annual  report  to  the  common  council,  in  the 
months  of  January  and  July  of  each  year,  giving  a detailed 
account  of  the  condition  of  the  sinking  fund,  and  of  his  transac- 
tions as  fund  commissioner. 

Sec.  4.  The  fund  commissioner,  as  fast  as  money  comes  into 
his  hands  in  suitable  amounts,  shall  invest  the  same  in  bonds  of 
the  city;  and,  when  purchased,  they  shall  be  canceled  in  the 
presence  of  the  mayor  and  comptroller,  together  with  all  coupons 
having  more  than  ten  years  to  run  from  the  date  of  the  purchase, 
and  the  fund  commissioner  shall  have  credit  for  the  bonds  so 
canceled  ; but  all  coupons  attached  to  the  bonds  so  purchased, 
falling  due  within  two  years  from  the  date  of  the  purchase,  shall 
be  cut  off  and  retained  by  the  commissioner  and  collected  by  him 
at  maturity  as  other  coupons,  and  the  proceeds  added  to  said 
sinking  fund;  and  on  failure  to  pay  said  coupons,  said  commis- 
sioner may  cause  them  to  be  protested,  and  enforce  their  collection 
against  the  city  in  his  own  name,  as  though  they  were  his 
individual  property  ; and  he  shall  stand  charged  with  the  coupons 
so  retained. 

Sec.  5.  As  soon  as  the  respective  railroads  in  which  the  city 
has  taken  stock  are  completed,  he  shall  give,  in  his  semi-annual 
report  to  the  common  council,  such  general  information  as  he 
may  possess  about  the  value  of  the  stock  in  the  respective  roads  ; 
and  the  common  council  may  at  any  time,  by  ordinance,  direct 
the  stock  held  in  any  of  said  roads  to  be  sold,  and  the  proceeds 
invested  in  the  purchase  or  redemption  of  city  bonds  ; and  all 
dividends  derived  from  any  road,  over  and  above  the  interest  due 
on  the  bonds  issued  in  payment  for  the  railroad  stock  for  the 
current  year,  shall  be  added  to  the  sinking  fund. 

Sec.  6.  The  fund  commissioner  shall  give  bond  to  the  cit}^,  in 
the  sum  of  one  hundred  thousand  dollars,  conditioned  for  the 


DIGEST  OF  CHARTERS  AND  LAWS. 


210 


faitlirul  pcrforiiiaiice  ot'  liis  duties,  with  good  and  sutTicicnt 
security,  to  bo  ap})roved  ot*  by  the  mayor ; and  no  person  shall  be 
elio:ible  tor  the  oiRce  ot  commissioner  who  is  not  a citizen  ot  the 

O 


Lhiited  States  and  has  [not]  resided  in  the  city  or  county  ot  St. 

Louis  at  least  seven  years  previous  to  the  date  ot  his  appointment; 
and  such  commissioner  may,  at  any  time  after  notice  given,  be 
removed  for  cause,  by  a vote  of  two-thirds  ot  the  board  of  com- 
mon council ; the  cause  of  removal  to  be  spread  upon  the  record  Act  Mar.  14, ’59, 
of  their  proceedings.  In  case  ot  the  death,  removal,  or  resigna-  JJe^'board^^to^e- 
tion  ot  the  commissioner,  the  mayor  shall  fill  the  vacancy  by  an  an^  officer, 
appointment  for  the  remainder  ot  the  time. 

Sec.  7.  Any  fund  commissioner  who  shall  appropriate  to  his  Act  Mar.  5,  i855, 

1 7,  p.  110. 

own  use  any  mone}^,  bonds,  notes,  or  other  securities  in  Ins  liands 
belonging  to  the  city,  or  who  shall  refuse  to  deliver  the  same  to 
• his  successor  in  office,  or  to  any  person  entitled  to  receive  the 
same,  shall  be  deemed  guilty  ot  embezzlement. 

Sec.  8.  The  common  council  shall,  by  ordinance,  provide  for  § 8,  p.  no. 
the  compensation  ot  the  fund  commissioner  and  the  necessary 
expenses  ot  the  office. 

Sec.  9.  Whenever  the  fund  commissioner  shall  be  able  to  Act  xov.  is, ’67, 

§ 3,  p.  124. 

obtain  an  agreement  tor  the  payment  of  interest  on  the  sinking 
fund  from  the  depositary  agreed  upon  by  the  mayor  ot  the  city 
ot  St.  Louis  and  the  fund  commissioner,  it  shall  be  his  duty  so 
to  do,  at  a rate  settled  by  agreement  lietween  such  depositary,  and 
said  mayor  and  fund  commissioner  on  the  part  ot  the  city,  which 
interest  shall  be  accounted  for  as  a part  ot  said  sinking  fund. 


CHAPTER  XI. 

Of  the  t/2ssess?ncnt  and  Collection  of  Taxes. 


Appeals  fi'om  justices provisions 

for  ^10 

Assess7nent  of  property.,  liow  to 

bo  made 1 

in  wronu-  namo,  duty  of  a.ssos- 

sor  on 4 

omitted . duty  of  ass(*ssor 4 

Assessor.,  duty  of,  on  failure  to 

I’eturn  property 3 

duty  of,  on  wron^  ass{!ssm(mt  4 
Certificate  of  sale  tor  i)ropei-ty 
sold  for  taxes,  slierilf  to  ^ive  11 

how  to  be  tiled 11 

to  whom  presented 15 


Certificate  of  sale,  duty  of  comp- 

trolh'r  on  pr(*sentation  of.,.^  15 
Coynptroller,  to  pay  surplus  of 

j)ur(4iase  money,  when 15 

Constables,  to  pay  moneys  eol- 

l(“et(“d  to  eom])trollei’ 14 

authoi’it^'of in  servinuf  proeess  17 

Delinquent  taxes.,  j)ro(;eedinu-s  to 

eolh'et 2 — 19 

redemption  of  property  sold 

for  11 

Execution  on  judu-m(>nt  for  de- 
limiiuMit  taxes,  land  eourt  to 
issue 10 


220 


DIGEST  OF  CHARTERS  AND  LAWS. 


Act  Mar.  3,  1851, 
art.  vii,  § 31,  p. 

103. 


Act  January  17, 
1863,  § 1 and  fol- 
lowing, pp.  147— 
149. 


Execution  to  be  lien  on  property 

of  (lefendant ^ 10 

liow  returnable 11 

Improveynents^  how  assessed  for 

taxation 1 

Justices  of  the  peace  ^ suit  on  tax 
bills  to  be  brought  before...  5 
jurisdiction  of,  in  suits  on  tax 

bills 5 

how  parties  summoned  before  G 
manner  of  proceedings  before 

7,  13 

judgment  of,  what  to  contain,  8,  9 
transcript  of  judgment  may  be 

tiled  in  land  court 10 

judgment  ot,  to  be  lien  against 

defendant 10 

appeals  from,  provisions  for  16 

La7icls^  how  assessed 1 

Penalty  for  failing  to  make  re- 
turn of  property 3 

Property , how  assessed  for  taxa- 
tion   1,  2 

sold  for  unpaid  taxes,  how  re- 
deemed  11 

what  title  purchaser  of  ac- 
quires   12 

none  exemj)!  from  sale  for 

taxes 18 

Real  estate^  how  assessed  for 

taxation 1,  2 

Redeynption  of  property  sold  for 

taxes 11 

Returns  of  property,  penalty  for 
failing  to  make... 3 


Sher'if,  duties  of,  in  sales  for 

unpaid  taxes pi,  14 

to  pay  moneys  collected  to 

comptroller 14 

Suits  on  delinquent  tax  hills  ^ pro-  • 


how  brought 5 

tax  bills  to  be  evidence  in 5 

summoning  of  parties  in G 

who  parties  to 7 

form  of  judgment  in 8,  9 

transcript  may  be  tiled  in  land 

court 10 

land  court  to  issue  executions  10 
executions  from  land  court, 

how  returnable 11 

provisions  lor  sale  of  property 

in 11 

redemption  of  proper!}^  sold 

under 11 

what  title  purchaser  in  ac- 
quires   12 

duties  of  constables  and  sher- 
iffs in 14 

conq)troller  to  paj^  surplus 

purchase  money  in 15 

appeals  in 16 

lien  of  city  not  affected  by  ap- 
peal  " 16 

authority  of  constables  in 17 

Tax  bills,  unpaid,  suit  to  be 

brought  on 5 

prmia  facie  evidence,  what..  ..  5 

Taxes  on  property  exempt  from 
sale  for 18 


Section  1.  All  lands  and  lots  of  ground  shall  be  assessed  for 
taxation  at  their  actual  cash  value;  and  all  houses,  and  other 
improvements,  shall  be  assessed  and  taxed  with  the  ground  on 
which  they  stand. 

Sec.  2.  All  real  estate  in  the  city  of  St.  Louis,  subject  to 
taxation,  shall  be  assessed  in  the  name  of  the  person  who  appears, 
from  the  records  of  the  county  of  St.  Louis,  to  be  the  owner 
thereof. 

Sec.  3.  If  any  person,  having  the  charge  or  management  of 
any  taxable  property,  shall  neglect  or  refuse  to  make  return  of 
such  property  to  the  assessor,  in  conformity  to  ordinance,  after 
being  notified  in  writing  so  to  do,  the  assessor  shall  proceed  to 
assess  the  same  according  to  his  best  judgment,  adding  twenty 
per  centum  to  such  assessment  as  a penalty  for  such  refusal ; and 
in  such  case  there  shall  be  no  abatement  of  tlie  assessment  or 
other  relief  therefrom,  except  by  authority  of  special  ordinance 
for  that  purpose. 


DIGEST  OF  CHARTERS  AND  LAWS. 


Sec.  4.  Whenever  any  real  estate  has  been  assessed  against 
a wrong  party,  or  has  been  omitted  in  the  assessment  in  any 
year,  and  no  tax  thereon  has  been  paid  for  that  year,  the  assessor, 
as  soon  as  the  fact  be  discovered,  shall  assess  the  same  against 
the  owner,  and  make  out  a bill  for  the  amount  of  taxes  so 
assessed ; which,  if  not  paid  on  demand  by  the  owner  or  other 
person  interested  in  the  property,  shall  be  sued  upon,  and  the 
same  proceedings  be  had  thereon  as  hereinafter  provided  for 
the  collection  of  delinquent  taxes  against  real  estate. 

Sec.  5.  Suits  may  be  brought  before  any  justice  of  the  peace 
in  the  city  on  all  tax  bills,  both  general  and  special,  which  have 
been,  or  may  hereafter  be,  returned  to  the  comptroller  of  the 
city  unpaid ; and  such  justice  shall  have  jurisdiction  in  all  sucli 
cases,  without  regard  to  the  amount  claimed.  Each  bill  shall  be 
considered  as  a separate  and  distinct  demand,  and,  in  any  action 
brought  to  recover  the  same,  shall  be  received  as  prhna  facie 
evidence  of  the  indebtedness  of  the  person  therein  named  for  the 
amount  specified  in  the  same  ; and  when  the  suit  is  for  the 
recovery  of  taxes  which,  by  existing  laws,  constitute  a lien  on 
real  estate,  such  bill  shall  also  be  received  as  prima  facie 
evidence  of  the  validity  of  the  charge  against  the  property  therein 
described,  and  of  the  liability  of  the  person  therein  named  as 
the  owner  of  the  said  property. 

Sec.  6.  The  justice  of  the  peace  shall  have  poAver  to  summon 
all  parties  who  may  be  interested  in  the  real  estate,  charged  Avitli 
the  lien,  whether  as  incumbrancer  or  otherwise ; but  such  as  are 
not  made  parties  shall  not  be  bound  by  tlie  proceedings.  Resident 
defendants  shall  be  served  Avith  the  process  as  in  ordinary  suits  ; 
service  in  cases  of  non-residence  in  the  county  of  St.  Louis,  or 
State  of  Missouri,  may  be  made  either  on  any  trustee,  attorney, 
or  agent,  having  the  care,  control  or  management  of  the  pro})erty, 
or  Avho  may  be  authorized  by  the  OAvner  to  lease  the  same,  or  to 
collect  and  receive  the  rents  and  profits  thereof ; but  if  there  be 
no  such  person  in  the  county,  knoAvn  upon  the  returns  of  the 
assessor,  to  represent  such  non-resident,  he  shall  be  notified  by 
publication  in  tlic  same  manner  as  non-resident  defendants  in 
attachment  cases  before  justices  of  the  peace. 

Sec.  7.  The  proceedings,  except  as  hereinafter  provided,  shall 
be  the  same  as  in  ordinary  suits  before  justices  of  the  peace. 


DIGEST  OF  CHARTERS  AND  LAWS. 


Sec.  8.  In  all  suits  brought  to  enforce  the  collection  of  taxes 
assessed  against  real  estate,  'whenever  the  O’wner  is  not  summoned, 
but  notified  by  publication,  and  has  not  appeared,  the  judgment, 
if  for  plaintiff,  shall  be  that  the  plaintiff  recover  the  debt  found 
to  be  due,  with  interest  as  may  be  prescribed  by  ordinance  (not 
exceeding  twenty  per  centum  per  annum),  and  costs,  to  be  levied 
of  the  real  estate,  describing  the  same  as  in  the  tax-bill. 

Sec.  9.  When  the  owner  has  been  duly  summoned,  or  appears 
to  the  action,  the  judgment,  if  for  the  plaintiff,  shall  be  as  in  the 
preceding  section  specified,  with  the  addition  that  if  the  said 
real  estate  be  not  sufficient  to  satisfy  said  debt,  interest  and  cost, 
then  the  residue  to  be  levied  of  other  goods,  chattels,  lands,  and 
tenements,  of  said  owner. 

Sec.  10.  The  city  may  file  a transcript  of  said  judgment  in 
the  office  of  the  clerk  of  the  land  court,  who  shall  thereupon  issue 
Act  Feb.  16,  ’63,  uu  executiou,  if  required,  which  execution  shall  be  a special  fieri 
§1  p.  169.  facias^  directed  to  the  sheriff,  and  shall  be  in  conformity  with 
the  judgment.  On  the  filing  of  such  transcript,  such  judgment 
shall  have  the  same  force  and  validity,  by  way  of  lien  on  realty, 
and  in  all  other  respects,  as  if  rendered  by  any  court  of  record  in 
St.  Louis  county. 

Act  Jan.  n.'’63,  Sec.  11.  Sucli  Wilt  sliall  be  returnable  as  other  executions, 
mg,  and  the  advertisement,  sale  and  conveyance  of  real  or  personal 

estate  under  the  same,  shall  be  made  as  in  ordinary  executions  : 
Provided^  That  the  sheriff,  upon  such  sale,  shall  deliver  to  the 
purchaser  a certificate  of  the  sale,  a duplicate  of  which  he  shall 
file  with  the  city  register ; and  the  defendant  in  the  execution,  or 
his  legal  representatives,  may  redeem  the  property  sold,  at  any 
time  within  one  year  next  after  the  day  of  sale,  upon  the  pay- 
ment of  the  amount  for  which  the  property  was  sold,  and  interest 
thereon  at  the  rate  of  ten  per  centum  per  annum,  and  of  all 
costs  accrued.  But  if  the  property  be  not  so  redeemed,  the 
sheriff  shall,  at  the  expiratioii  of  one  year,  deliver  to  the  pur- 
chaser a deed  of  the  property  sold. 

Sec.  12.  The  purchaser,  under  a sale  by  virtue  of  an  execu- 
tion on  a judgment  rendered  under  tins  act,  sliall  take  title  to 
the  property  sold  as  against  all  j)arties  to  tiie  suit. 

Sec.  13.  Suits  brouglit  for  taxes  on  personal  property  only 
shall  be  conducted  througliout  as  other  actions  for  the  collection 


DIGEST  OE  CIIAIITERS  AND  LAWS. 


of  debts  betore  justices  of  tbe  peace  (except  as  hereinbefore 
provided  as  to  jurisdiction  and  evidence),  and  all  proceedings 
snbsecpieiit  to  tbe  jndginent  tlierein,  and  for  the  enforcement  of 
tlie  same,  shall  be  as  provided  by  law  in  ordinary  cases. 

Sec.  14.  The  sheriff  or  constable,  as  tbe  case  may  be,  shall, 
within  ten  da^^s  after  the  sale  of  property  under  this  act,  pay 
over  to  the  comptroller  of  the  city  of  St.  Louis  the  amount 
received  at  such  sale,  after  deducting  all  costs  and  expenses,  and 
take  a receipt  therefor  in  duplicate,  and  attach  to  and  return 
with  the  execution  one  of  such  duplicate  receipts. 

Sec.  15.  Upon  presentation  to  the  comptroller  of  the  certificate 
of  sale,  made  by  the  sherifi’  to  the  purchaser  of  real  estate  sold 
under  this  act,  the  defendant  in  the  execution,  or  his  legal  repre- 
sentatives, shall  be  entitled  to  receive  from  the  comptroller  all  the 
surplus  of  the  purchase  money  over  and  above  the  amount  of  the 
execution ; and  the  comptroller  shall  pay  over  to  such  defendant 
in  the  execution,  or  his  legal  representatives,  all  such  surplus, 
upon  demand,  when  the  time  for  redemption  of  real  property 
sold  shall  have  expired,  or  where  the  purchase  money  may  be  for 
personal  property  sold. 

Sec.  16.  Appeals  to  the  St.  Louis  land  court  shall  be  allowed 
from  the  judgment  of  the  justice,  in  all  cases  prosecuted  under 
this  act,  in  the  manner  prescribed  for  ap})eals  in  other  civil 
cases  ; and  where  the  defendant  appeals,  if  the  judgment  of  the 
justice  be  affirmed,  or  if,  on  the  trial  anew  in  the  appellate  court, 
judgment  be  given  against  the  appellant,  such  judgment  shall  be 
rendered  against  him  and  his  securities  in  the  recognizance,  as  in 
other  cases  of  appeal,  with  ten  per  centum  interest  added  thereto 
as  damages  ; but  no  appeal  shall  in  any  wise  afiect  or  impair  the 
lien  of  the  city  upon  the  pi'operty  j)roceeded  against. 

Sec.  17.  Any  constable  for  the  city  of  St.  Louis  is  hereby 
authorized  to  execute  any  process  which  may  come  into  his  hands 
under  this  act,  anyAvhere  in  the  county  of  St.  Louis. 

Sec.  18.  No  pro})erty  whatever  shall  be  exempt  from  sale  on 
execution  for  the  payment  of  taxes  now  due,  or  hereafter  to 
become  due,  to  the  city  of  St.  Louis. 


224 


DIGEST  OF  CHAPTERS  AND  LAWS. 


CHAPTER  xn. 


Of  the  Whaif  and  Harbor. 


Bonds.,  common  council  may  is- 
sue for  impi-ovenient  of  har- 
bor  ^2,  3,  4 

certain,  to  constitute  a part  of 

public  debt 

Common  council^  way  borrow 
money  for  improvement  of 

harbor  and  wharf 2,  3,  4 

members  of  liable  for  certain 

vote 

may  compromise  claims 

a'g-ainst  wharf. 

powers  of,  to  quiet  title  to 

wharf. 

Fund  commissioner.,  certain 

moneys  to  be  paid  to 2. 

Harbor^  extent  of 

what  fund  to  be  applied  for 

improvement  of 

city  may  borrow  money  for 

improvement  of 2,  4 

how  money  borrowed  for,  to 
be  applied 2,  4,  5, 


Harbor  fund.,  what  to  compose 

^2,  3,  4,  5 

, 5 to  be  used  for  no  other  pur- 
pose  2.  3,  6 

7 liability  for  misapplying 6 


Harbor  tax,  council  maylev3^...  2 
to  be  paid  to  fund  conimis- 

g sioner 2 

Mayor,  liable  on  ai)proving  cer- 

0 tain  bills 6 

Tax,  common  council  may  levy 
g for  improvement  of  harbor  2 

Tonnage  tax,  common  council 

g ma}^  levy 3 

to  be  held  by  fund  commis- 
sioner  3 

^ Wharf,  what  fund  to  be  used 


1 for  improvement  of 2,  3 

city  may  issue  bonds  for  ini- 

2 provement  of 2 

tonnage  tax  may  be  levied  for  3 

, 5 common  council  may  com- 
promise claims  on 8 

G power  of  city  to  quiet  title  of  8 


Act  February  SECTION  1.  TliG  liai'bor  o£  tliG  citv  of  St.  Louis  sliall  extend 

16,  1865,  § 1,  p. 

from  the  mouth  of  the  Missouri  river  to  the  northern  boundary 
line  of  the  city  of  Carondelet,  and  shall  embrace  the  beds  of 
the  Mississippi  river,  its  sloughs,  islands,  bayous,  and  all  high- 
water  channels  along  both  shores  of  the  river. 

I bill,  §2,  p.  170.  Sec.  2.  For  maintaining  the  permanency  and  improving  the 

wharf  and  harbor,  and  for  opening  and  extending  the  wharf,  it 
shall  be  competent  for  the  city  of  St.  Louis  to  apply  all  the  net 
receipts  from  wharfage,  and  all  the  moneys  now  in  the  city 
treasury,  to  the  credit  of  the  several  wharf  funds  ; also,  for  the 
same  purpose,  to  borrow  five  hundred  thousand  dollars,  by  an 
issue  of  coupon  bonds  of  the  denomination  of  one  thousand  dol- 
lars each,  running  for  the  term  of  twenty  years,  and  bearing 
interest  at  the  rate  of  six  per  centum  per  annum,  for  the  pay- 
ment of  the  principal  and  interest  of  which  the  revenues  of  the 
wharf  shall  be  pledged  ; and  the  city  [common]  council,  in  its 
discretion,  may  levy  a harbor  tax  of  not  exceeding  one-tenth  of 
one  per  cent,  upon  all  property  made  taxable  by  law,  for  State 
purposes,  within  tlie  city  of  St.  Louis,  the  proceeds  of  which  tax 
shall  be  held  sacred  for  the  purpose  of  paying  tlie  principal  and 


DIGEST  OE  ClLVllTERS  AND  LAWS. 


225 


interest  of  the  Avliarf  and  harbor  fund  herein  authorized  to  be 
created,  and  shall  be  paid  over  to  the  fund  coniinissioner  on 
the  first  day  of  each  fiscal  jxnir,  as  may  be  regulated  by 
ordinance. 

Sec.  3.  The  city  of  St.  Louis  shall  also  be  authorized,  in  ibid,  §3,  p.  m. 
addition  to  the  wharfage,  to  levy  and  collect  a tonnage  tax  upon 
all  boats,  rafts  and  other  water  crafts  landing  at  the  wharf 
between  Biddle  street  and  Plum  street,  for  the  purpose  of  widen- 
ing and  repairing  the  wharf  between  the  points  mentioned  ; and 
the  said  city  may  borrow  the  sum  of  two  hundred  and  fifty  thou- 
sand dollars  for  the  purposes  above  mentioned,  and  may  issue 
bonds  therefor,  similar  to  bonds  mentioned  hereinbefore  ; and  the 
said  tonnage  tax  shall  be  held  sacred  for  the  payment  of  the 
principal  and  interest  thereof,  and  shall  be  held  by  the  fund  com- 
missioner, all  as  may  be  provided  by  ordinance:  Provided,  That 
no  part  of  the  fund  hereby  created  shall  be  used  to  pay  for 
private  property  which  may  be  reipiired  for  the  opening  or  extend- 
ing of  said  wharf,  until  the  amount  to  be  paid  by  the  city  therefor 
shall  have  been  assessed,  as  benefits  to  the  public  generally,  by  a 
jury  impanneled  to  condemn  said  property,  as  provided  for  by 
law  and  ordinance. 

Sec.  4.  The  city  of 
any  sum  of  money  for  the  improvement  of  the  harbor  of  said  ^ 
city,  not  exceeding  the  sum  of  one  hundred  thousand  dollars  ; and 
the  mayor  and  common  council  of  said  city  are  hereby  authorized 
to  appropriate  the  money  so  borrowed  to  the  construction  of  such 
works,  Avithin  or  without  the  limits  of  said  city,  as  may  be  neces- 
sary to  improve  or  secure  the  hai-bor  of  said  city,  and  to  remove 
all  obstructions  to  navigation  from  said  harbor. 

Sec.  5.  The  city  of  St.  Louis,  subject  to  the  provisions  here-  Act  March  i-2, 
inafter  contained,  is  hereby  authorized  to  borroAV  any  sum  ^ 

money  not  exceeding  fifty  thousand  dollaivs,  and  to  issue  the 
honds  of  said  city,  not  exceeding  said  maximum  sum,  and  bear- 
ing an  interest  of  not  more  than  six  per  cent,  per  annum,  payable 
semi-annually ; and  to  appropidate  the  money  so  borrowed  to  the 
construction  of  such  works,  within  or  without  the  limits  of  said 
city,  as  may  be  necessary  to  improve  or  secure  the  harbor  oppo- 
site the  southern  part  of  said  city,  and  to  remove  all  obstructions 
to  navigation  from  said  part  of  the  harbor. 

15 


St.  Louis  is  hereby  authorized  to  borrow  Act  March 


226 


DIGEST  OF  CHARTERS  AND  LAWS. 


!bi(i,  g 6,  p.  86, 


Act  March  3, 
1851,  art.  vii, 
27,  p.  102. 


Act  March  10, 
1840,  p.  86. 


Sec.  6.  Any  member  of  the  common  council  who  shall  vote 
for  any  ordinance  that  shall  be  passed  for  the  application  of  the 
money  borrowed  to  any  other  object  than  the  improvement  of  the 
harbor,  or  for  the  application  of  the  proceeds  of  the  tax  before 
provided  for  to  any  other  object  than  the  payment  of  the  princi- 
pal and  interest  of  the  loans  before  authorized,  and  any  mayor 
of  said  city  who  shall  approve  any  ordinance  by  which  the  pro- 
ceeds of  such  loans  or  tax  shall  be  diverted  to  any  other  object, 
shall  be  liable  to  pay  the  amount  so  diverted  to  the  city ; and  the 
same  may  be  recovered  by  action  on  the  case  against  such  mayor, 
or  such  member,  in  the  name  of  the  city  ; and  upon  the  passage 
of  such  ordinance,  by  which  such  illegal  appropriation  shall  be 
made,  any  member  of  the  council  present  shall  be  deemed  to 
have  voted  for  the  passage  of  such  ordinance,  unless  the  yeas  and 
nays  are  entered  upon  the  journals  of  such  board  of  the  common 
council. 

Sec.  7.  The  bonds  issued  under  authority  of  “An  act  for  the 
improvement  of  the  harbor  opposite  the  city  of  St.  Louis,” 
approved  March  12,  1849,  shall  constitute  a portion  of  the  debt 
of  the  city  of  St.  Louis. 

Sec.  8.  The  common  council  of  the  city  of  St.  Louis  shall 
have  power  to  provide,  by  ordinance,  for  compromising,  adjusting 
and  purchasing  the  conflicting  claims  that  have  been  set  up  by 
individuals  to  the  ownership  of  any  part  of  the  city  wharf  or 
landing,  in  front  of  the  city,  and  to  obtain  from  the  claimants 
relinquishments  of  all  their  pretensions  to  hold  or  own  any  part 
of  the  Avharf  as  private  property ; and  to  take  all  necessary  steps 
to  quiet  the  title  of  the  city  to  such  portions  of  the  wharf  or 
landing,  so  that  the  same  may  be  hereafter  improved  and  used  as 
a public  city  wharf,  as  other  portions  of  the  wharf  are  noAv  held 
and  used.  The  common  council  shall  have  power,  by  ordinance, 
to  provide  the  means  for  carrying  this  act  into  effect,  by  loan, 
taxation,  or  otherwise. 


DKJEST  OF  CHARTERS  AND  LAWS. 


i‘17 


CHARTER  XIII. 


Of  Gaslight. 


Advance  payment  for  liow 

iiHicn  company  may  dcmaiul^  1 
Average  bills,  making  of  pro- 
hibited   5 

Bonds,  city  may  issue  to  pur- 
chase gasworks 9,  10,  16 

provisions  for  sale  of. 11,  16 

Common  council,  to  carry  certain 

act  into  effect 8 

Gas,  deduction  to  be  made  for 

inferior  3 

amount  consumed  to  be  paid 

for  only 5 

penalty  for  refusing  to  furnish  6 
compulsory  agreement  for  de- 
posit of  money  for,  void 7 

Gas  commissioners y mayor  to  ap- 
point   13 

powers  and  duties  of 13 

term  of  otlice  of. 14 


Gas  commissioners , to  give  bond  § 14 
Gas  inspector,  mayor  to  appoint  2 

duties  of. 2,  3 

to  investigate  complaints 2,  3 

to  remedy  defects  in  meters...  2 
to  estimate  quantity  of  gas 

consumed 2 

to  report  to  mayor  when  gas 

is  inferior 3 

compensation  of 4 

Gasworks,  provisions  enabling 

city  to  purchase 9,  10,  16 

when  city  may  lease 15 

Mayor,  to  appoint  gas  inspector  2 
to  rcMiuire  company  to  furnish 

good  gas 3 

to  api)oint  gas  commissioners  13 
Revenue,  from  gasworks,  how  to 
be  applied.! 12 


Section  1.  No  gaslight  company,  chartered  in  the  city  of  St.  ^ct  Marew  ly 
Louis,  shall  be  allowed  to  demand  from  its  customers  advance 
payment  for  more  than  the  estimated  (piantity  of  gas  to  be  used 
by  the  party  for  the  period  of  one  month  and  a half. 

Sec.  2.  It  shall  bo  the  duty  of  the  mayor  to  appoint  a gas  ibui,  y:.  p.  126. 
inspector  for  said  city.  It  shall  be  the  duty  of  said  inspector,  in 
every  case  of  complaint  made  by  any  person  using  said  gas,  to 
examine  into  the  cause  of  complaint;  and  if  any  defect  is  found 
in  the  meter,  he  shall  cause  said  defect  to  be  remedied  at  the 
expense  of  the  gas  company ; and  he  shall  also,  in  case  of  defect 
found  in  the  meter,  estimate  the  amount  of  the  gas  actually  used  by 
the  consumer  for  the  month,  and  report  the  same  to  the  company, 
who  shall  charge  the  consumer  for  said  amount  and  no  more  ; and 
the  common  council,  by  ordinance,  may  impose  such  additional 
duties  upon  the  inspector,  in  i-egard  to  gas  inspection,  as  they 
may  deem  necessary. 

Sec.  8.  It  shall  also  be  the  duty  of  said  inspector,  in  case  of  ibid,  p.  125. 
complaint  made  that  the  gas  company  is  furnishing  gas  of  an 
inferior  quality,  to  examine  into  the  cause  of  complaint ; and  if 
it  be  found  that  the  gas ‘is  of  inferior  quality,  he  shall  report  the 
fact  to  the  mayor,  who  shall  immediately  notify  the  officers  of  the 
gas  company,  requiring  them  to  furnish  good  gas  ; and  the  com- 


228 


DIGEST  OF  CHARTERS  A2^D  LAWS. 


pany  shall  make  a reasonable  and  proper  deduction  from  the  price 
of  the  gas  sold  during  the  time  of  the  existence  of  such  inferiority ; 
such  deduction  to  he  made  by  order  of  the  mayor,  upon  the  report 
of  the  inspector. 

Ibid,  j; 4,  p.  125.  gEQ,  4,  inspector  shall  receive,  for  office  rent  and 

salary,  to  be  fixed  by  the  common  council,  a sum  annually  not 
exceeding  two  thousand  dollars,  to  be  paid  by  the  company. 

Ibid,  2 6,  p.  125.  Sec.  5.  No  gas  company  shall  be  ever  allowed  to  make  out 
average  bills,  but  all  bills  shall  be  based  upon  the  actual  amount 
of  gas  consumed. 

Ibid,  ^6,  p.  126.  Sec.  6.  If  any  gas  company  in  said  city  shall  refuse  to  supply 
gas  to  any  occupant  of  a building,  because  a previous  tenant  of 
the  building  may  not  have  paid  his  gas  bill,  it  shall  forfeit  and 
pay  the  sum  of  ten  dollars  for  every  day  it  shall  so  refuse ; to  be 
recovered  in  any  court  having  jurisdiction,  in  the  name  of  the 
injured  party. 

Ibid,  2 7,  p.  126.  Sec.  7.  All  compulsory  agreements  or  contracts,  made  by  any 
gas  company  with  individuals,  requiring  a deposit  of  money 
greater  than  is  sufficient  to  pay  for  the  average  quantity  of  gas 
consumed  for  one  month  and  a half,  are  hereby  declared  void. 

Ibid,  ^8,  p.  126.  Sec.  8.  It  shall  be  the  duty  of  the  common  council  of  the  city 
of  St.  Louis  to  provide,  by  ordinance,  for  carrying  into  effect  this 
act. 


Act  March  12, 
1659,  §1,  p.  126. 


Sec.  9.  For  the  purpose  of  providing  the  means  to  enable  the 
city  of  St.  Louis  to  purchase  and  pay  for  the  gasworks  of,  and 
belonging  to,  the  St.  Louis  gaslight  company,  pursuant  to  the 
provisions  of  the  twenty-seventh  section  of  the  amended  charter 
of  the  St.  Louis  gaslight  company,  approved  February  11, 
1839,  the  mayor  of  the  city  of  St.  Louis  is  hereby  authorized  to 
issue  the  bonds  of  said  city  of  St.  Louis,  in  sums  of  one  thousand 
dollars  each,  payable  at  such  time  or  times,  not  less  than  five  nor 
more  than  twenty  years  from  the  date  thereof,  as  the  mayor  and 
fund  commissioner  of  said  city  shall  deem  best,  to  an  amount 
sufficient,  and  no  more  than  sufficient,  to  pay  the  purchase  money 
of  said  gasworks  ; which  bonds  shall  bear  interest  at  the  rate  of 
six  per  cent,  per  annum,  payable  semi-annually,  and  shall  have 
attached  to  them  semi-annual  coupons  for  the  payment  of  said 
interest.  Said  bonds  shall  be  entitled,  and  designated  on  their 
face,  “Special  Gasworks  Bonds  of  the  city  of  St.  Louis;”  shall 


DK^EST  OF  CirARTEHS  AND  LAWS. 


bo  signed  by  tlie  nniyor  and  countersigned  by  tlic  comptroller  and 
fund  commissioner  oh'  tlie  city  of  St.  Louis,  and  sliall  have  the 
seal  of  said  city  affixed  tliercon.  They  shall  be  obligatory  on  said 
city  of  St.  Louis,  and  be  and  operate  a special  lien  on  all  the 
works  and  property  of  said  St.  Louis  gasworks,  and  the  entire 
works,  property,  rights  and  franchises,  of  every  nature  whatever, 
of  said  St.  Louis  gaslight  company,  when  purchased  ; and  all 
additions  thereto,  or  extensions  thereof,  thereafter  made  by  said 
city,  shall  be,  and  the  same  are,  irrevocably  pledged  and  held 
bound  and  liable  for  the  payment  of  said  bonds. 

Sec.  10.  If  said  city  shall  not  purchase  said  gasworks  at  the  nad,  ^2  p.127 
time  specified  in  the  foregoing  section,  this  law  shall  remain  in 
force,  so  as  to  enable  said  city  to  purchase  said  gasworks  at  any 
other  time,  when,  by  said  amended  charter,  said  purchase  is 
authorized  to  be  made  ; and  upon  said  purchase  being  made  at  any 
time,  all  the  rights,  privileges  and  franchises  of  said  St.  Louis 
gaslight  company,  together  with  the  whole  property  of  said 
company,  of  every  nature,  real,  personal,  and  mixed,  shall  be  the 
property  of,  belong  to,  and  be  vested  at  once  by  said  purchase 
in,  the  said  city  of  St.  Louis,  and  said  St.  Louis  gaslight  com- 
pany be  at  the  same  time  Avholly  divested  thereof. 

Sec.  11.  Said  bonds  shall  be  sold  by  said  mayor,  or  l)y  some  ibid,  gs,  p.  127. 
person  duly  authorized  by  him  to  sell  the  same  ; and  the  proceeds 
thereof  shall  at  once  be  paid  over  into  the  hands  of  the  fund 
commissioner  of  the  city  of  St.  Louis,  who  shall  aj)ply  the  same, 
without  delay,  to  the  payment  of  the  purchase  money  aforesaid, 
and  to  no  other  purpose  whatever. 

Sec.  12.  The  entire  revenue  and  recei})ts  arising  from  said  ibid,  ^ 1,  p.  127. 
gasworks,  after  paying  the  current  expenses  of  the  management 
of  said  works,  shall  be  ])aid  over  into  the  city  treasury,  and  the 
treasurer  of  said  city  shall  kec])  a separate  account  of  said  moneys, 
which  shall  be  held  secure  to  the  payment  of  the  interest  on  said 
bonds,  the  pendent  extension  of  said  works,  as  the  necessities  of 
said  city  recpiire,  and  to  the  final  payment  of  said  bonds  ; that  is 
to  say,  so  much  of  said  revenue  as  may  be  necessary  shall  be 
appropriated  to  the  payment  of  the  said  interest,  secured  by  such 
extensions  and  improvements  of  said  works  as  may  be  ordered 
by  the  board  of  commissioners  herein  named ; and  whatever 
remains  of  said  revenue  shall  be,  from  time  to  time,  at  least  half- 


DIGEST  OF  CHARTERS  AND  LAWS. 


yeurlj,  invested  in  said  special  gasworks  bonds,  or  the  bonds  of 
tlie  city  of  St.  Louis,  or  the  bonds  of  the  State  of  Missouri ; the 
interest  on  which  last-named  bonds  shall  be  again,  in  like  manner, 
invested  from  time  to  time,  and  the  whole  be  kept  secured  and 
appropriated  to  the  final  redemption,  after  payment,  of  said 
special  gasworks  bonds  of  the  city  of  St.  Louis. 

ihid,  15,1)  127.  gEC.  13.  There  shall  be  appointed  by  the  mayor  of  said  city, 
by  and  with  the  advice  and  consent  of  the  board  of  common 
council,  two  persons,  who,  in  conjunction  with  the  mayor,  shall 
constitute  a board  of  commissioners  for  the  .management,  con- 
trol and  operation  of^said  works  ; which  board  shall  operate, 
manage,  control,  and  extend  said  gasworks,  and  the  revenue  and 
income  arising  therefrom,  under  and  according  to  the  provisions 
of  this  law,  and  such  rules  and  regulations  as  the  mayor  and 
common  council  of  the  city  of  St.  Louis  shall,  from  time  to 
time,  by  ordinance  establish  and  prescribe,  not  inconsistent  with 
this  law.  Said  board  of  commissioners  may  appoint  a super- 
intendent of  said  gasworks,  and  employ  such  other  officers 
and  agents  as  the  management  and  operation  of  said  works 
require,  which  superintendent  and  subordinate  officers  shall 
receive  such  compensation  for  their  services  as  said  board  may 
fix  and  allow. 

Ibid,  ^6,11. 127.  Sec.  14.  Said  commissioners  shall  be  appointed  and  hold  their 
offices  for  twn  years,  and  until  their  successors  are  appointed  and 
qualified;  shall  give  such  bond,  and  receive  such  compensation,  not 
exceeding  one  thousand  dollars,  as  shall  be  allowed  by  ordinance: 
Provided,,  hoivever,  That,  in  the  first  appointment  of  commis- 
sioners, one  shall  be  appointed  for  only  one  year,  so  that  both  of 
said  commissioners  shall  not  go  out  of  office  at  the  same  time. 

ibui,  § 7,  p.  127.  Sec.  15.  The  city  of  St.  Louis  shall  have  power  to  lease  said 
work,  from  time  to  time,  subject  to  such  restrictions  and  condi- 
tions as  the  common  council  of  said  city  shall,  by  ordinance, 
impose. 

Act  February  6,  Sec.  16.  It  shall  and  may  be  lawful  for  the  city  of  St.  Louis, 

’ ‘ at  any  time  after  the  common  council  of  said  city  shall  decide  to 

purchase  the  gasAvorks  of  the  St.  Louis  gas  company,  to  issue 
the  bonds  of  the  city  in  sums  of  one  thousand  dollars  eacli,  liear- 
ing  six  ])er  cent,  interest,  and  liaving  hveiity  or  less  years  to  run, 
to  any  amount  the  said  city  council  shall  determine  as  necessary 


DIGEST  OF  CHAPTERS  AND  LAWS. 


for  tlie  purchase  of  the  gasworks  aforesaid;  and  the  said  bonds 
may  be  sold  and  the  proceeds  a])plied  to  the  purchase  aforesaid, 
and  to  no  other  })urpose  whatever. 

CHAPTER  XIY. 


Of  I he  Waterworks. 


Aqueduct.,  city  may  lay,  liow \ 1 


Bonds,  for  waterworks,  city  may 

issue  h 7 

how  styled 7 

provisions  concerning 7 

how  sold 7 

common  council  to  authorize 

sale  of 7 

Caronddet.,  city  may  convey 

water  to,  when 9 

Circuit  court,  proceedings  before 
to  ascertain  damages  for  prop- 
erty taken 0 

Cornmissioners,  (see  water  coni- 

missioners) 

Common  council,  power  of  over 

water  commissioners 3 

may  remove  commissioners...  3 
to  direct  manner  of  letting 

work 3 

to  approve  ])lan  for  works 3 

to  tix  salaries  of  comm’rs 4 

to  j)rovide  for  carrying  on 

works,  when 5 

may  issue  St.  Lotus  water 

bonds  7 

to  authorize  sale  of  bonds 7 

to  d(*signate  deposit  of  pro- 
ceeds" of. 7 

to  tix  rates  of  water  used 8 

to  provide  for  payment  of 

water  bonds 8 

to  elect  trustees  ot  water  fund  8 

wh(*n  to  lay  water-i)ipes 10 

to  direct  manner  of  collection 

of  (?ost  of  piites 10 

may  assess  cost  of  vvater- 

])il)(‘S  now  laid 10 

Comptroller,  to  he  member  of 

trust(‘es  of  water  fund 8 

Damages,  city  to  pay  for  lands 

taken 0 

proceedings  to  asc.ei-tain (> 

Expenses  for  waterworks,  how 

l)rovided  for 7 

Covernor  to  appoint  water  com- 

missioiK'rs 3 

Lands,  city  may  hold  for  water- 


city  to  pay  for,  when  taken  for 

waterworks (> 

License  for  water,  when  to  he 
issued 10 


Mayor,  to  be  one  of  water  com- 
missioners  I 3 

to  be  one  of  trustees  of  water 

fund 8 

Mississippi  river,  water  may  be 

convej'ed  from 1 

Pipes,  city  may  lay 2 

(See  water  pipes.) 

Reservoirs,  city  may  build ...1,  2 

Sala^nes  of  water  commission- 
ers, how  fixed 4 

not  to  be  changed  while  in 

otiice 4 

Sinking  fund,  to  pay  debt  of 
waterworks,  how  created...  8 

Treasurer,  to  be  one  of  trustees 

of  water  fund 8 

Trustees  of  waten*  fund,  how 

comi)Osed  8 

duties  of 8 

Water,  may  b(i  conveyed  from 

Mississipi)i  river 1 

may  be  convey{!d  to  Caronde- 

let,  or  other  town 9 

Water  commissioners,  how  ap- 

])oint(Ml 3 

qualitications  of 3 

(luties  of 3 

to  snperint(;nd  works 3 

su])Ject  to  common  council 3 

term  of  otiice  of 3 

may  be  removed  ti-om  otiice...  3 

(piorum  of 3 

to  report,  when 3 

salariiis  of,  how  lixcnl 4 

salari(‘s  of  not  to  be  changed 

whil(‘ in  ollic(^ 4 

pow(‘rs  of,  vested  in  city,  when  5 

(tonvei-ting  public  money,  how 

l)innshed  7 

Water  license,  wIkmi  to  b(?  issiU'd  Id 

Water-pipes,  city  may  lay 1,  2 

when  to  be  laid  in  streets Id 

cost  of  laying,  how  paid Id 

cost  of,  to  b(“  lien  on  pix)))(‘rty  10 

common  council  to  direct 
manner  of  collecting  co.st  of  Id 

Water  rates,  city  conncil  to  tix...  8 

to  be  applied  to  payment  of 

wat(n‘ works 8 

Waterworks , common  council  to 

approve  plan  of 3 

exi)enses  of,  how  provided  for  7 


282 


Act  March  23. 
1863,  ^ 1 and  fol- 
low iuft,  p.  151. 


Ibid,  g 3,  as 
amended  by  act 
January  18,  1865, 

1,  p.  168, 


DIGEST  OF  CHARTERS  AND  LAWS. 

Section  1.  The  city  of  St.  Louis  is  hereby  authorized,  by  and 
through  the  agency  of  five  commissioners — to  be  appointed  in  the 
manner  hereinafter  provided — to  take,  hold  and  convey  to,  into 
and  through  the  said  city,  the  water  of  the  Mississippi  river, 
from  any  point  on  said  river ; and  may  also  take  and  hold,  by 
purchase  or  otherwise,  any  lands  or  real  estate  necessary  for  laying 
and  maintaining  aqueducts  for  conducting,  discharging,  disposing 
of  and  distributing  water,  and  for  forming  reservoirs. 

Sec.  2.  The  said  city  may,  by  and  through  the  same  agency, 
make  or  build  one  or  more  permanent  reservoirs,  at  the  points 
hereinbefore  named,  or  in  said  city ; and  may  carry  and  conduct 
any  aqueduct  or  other  works,  by  them  to  be  made  or  constructed, 
over  or  under  any  water-course,  or  any  street,  turnpike-road, 
railroad,  highway,  or  other  way,  in  such  manner  as  to  not 
unnecessarily  obstruct  or  impede  travel  thereon;  and  may  enter 
upon  and  dig  up  any  such  street,  road  or  way,  for  the  purpose  of 
laying  down  pipes  beneath  the  surface  thereof,  and  for  main- 
taining and  repairing  the  same ; and  may  occupy,  for  reservoir 
purposes,  all  public  highways  which  cut  the  ground  selected  for 
reservoirs;  and,  in  general,  do  any  other  acts  and  things  necessary, 
or  convenient  and  proper,  for  the  purposes  of  this  act. 

Sec.  3.  Four  commissioners  shall  be  appointed  by  the  Gov- 
ernor, who  shall  be  citizens  of  the  United  States,  residents  and  tax- 
payers of  the  city  of  St.  Louis  ; and  the  mayor  of  said  city  shall 
be  a commissioner,  ex  ojficio^  for  the  time  being.  Said  com- 
missioners shall,  during  their  continuance  in  office,  execute  and 
perform,  and  superintend  and  direct  the  execution  and  perform- 
ance of,  all  the  works,  matters  and  things  mentioned  in  the 
preceding  sections,  which  are  not  otherwise  specially  provided 
for  in  this  act ; they  shall  be  subject  to  such  ordinances,  rules 
and  regulation?  in  the  execution  of  their  said  trust  as  the  common 
council  may  from  time  to  time  ordain  and  establish,  not  incon- 
sistent Avitli  the  provisions  of  this  act  or  the  laws  of  this  State; 
they  shall,  respectively,  hold  their  offices  for  the  term  of  five 
years  next  after  their  said  election,  unless  the  works  aforesaid 
shall  be  sooner  completed;  but  they,  or  eitlier  of  them,  after 
having  had  an  opportunity  to  be  heard  in  his  or  tlieir  defense, 
may  be  removed  at  any  time  by  a vote  of  two-thirds  of  the 
common  council ; and  in  case  of  a vacancy  in  the  board  of  com- 


DIGEST  OF  CirAIlTEES  AND  T.AWS. 


missioiiers,  by  death,  resignation,  removal,  or  otlierwise,  such 
vacancy  shall  be  filled  by  the  Governor,  and  shall  hold  his  office 
for  the  residue  ot‘  the  said  term  ot‘  five  years,  with  all  the  powers 
and  subject  to  all  the  restrictions  aforesaid.  A major  part  of 
said  commissioners  shall  be  a quorum  for  the  exercise  of  the 
powers  and  the  performance  of  the  duties  of  said  office ; they 
shall,  once  in  every’  six  months,  and  whenever  required  by  the 
common  council,  make  and  present,  in  writing,  a particular  report 
and  statement  of  all  their  acts  and  proceedings,  and  of  the  condi- 
tion and  progress  of  the  works  aforesaid.  The  common  council 
shall  provide  by  ordinance  the  manner  of  letting  out  the  work 
herein  authorized  to  be  done ; and  the  general  plan  of  said  works 
shall  be  approved  by  the  common  council  before  any  part  thereof 
shall  be  executed. 

Sec.  4.  Before  the  appointment  of  the  commissioners  afore-  Act  m 
said,  the  common  council  shall  establish  and  fix  the  salaries  or  lou/ug, 
compensation  to  be  paid  to  the  commissioners  for  their  services  ; 
and  the  said  salaries  of  the  said  commissioners,  so  established 
and  fixed  as  aforesaid,  shall  not  be  reduced  nor  increased  during 
their  continuance,  respectively,  in  said  office. 

Sec.  5.  Whenever  the  said  office  of  commissioners  shall  cease, 
either  by  the  expiration  of  the  said  term  of  five  years  from  the 
original  election,  or  by  the  completion  of  the  works  mentioned  in 
the  preceding  sections  of  this  act,  all  the  rights,  poAvers  and 
authority  given  to  the  city  of  St.  Louis  by  this  act,  shall  be 
exercised  by  the  said  city,  subject  to  all  the  duties,  liabilities  and 
restrictions  herein  contained,  in  such  manner,  and  by  such  agents, 
officers  and  servants,  as  the  common  council  shall,  from  time  to 
time,  ordain,  appoint,  and  direct. 

Sec.  G.  The  said  city  of  St.  Louis  shall  be  liable  to  ])ay  all 
damages  that  shall  be  sustained  by  any  persons,  in  their  property, 
by  the  taking  of  any  lands  or  real  estate,  or  pu])lic  streets,  or 
higliAvays,  for  the  purpose  of  this  act;  and  if  the  owner  of  lands 


inch  23, 
4,  and  lol 
, PI).  152 


or  real  estate,  Avhicli  shall  be  taken  as  aforesaid,  or  which  may  be 
permanently  injured  in  value  by  the  taking  of  any  street  or  high- 
way, sliall  not  agree  upon  the  damages  to  be  taken  therefore 
[therefor],  he  may  a})ply  by  petition  for  the  assessment  of  his 
damages,  at  any  time  Avithin  one  year  from  the  taking  of  such 
lands  or  real  estate,  and  not  afterAvards,  to  the  circuit  court  of 


DIGEST  OE  CHARTERS  AND  LAWS. 


'M 


St.  Louis  county;  such  petition  may  be  filed  in  the  clerk’s  office 
of  said  court,  in  vacation  or  in  term  time,  and  the  clerk  shall 
thereupon  issue  a summons  to  the  city  of  St.  Louis,  returnable, 
if  issued  in  vacation,  to  the  then  next  term  of  the  same  court, 
and  if  in  term  time,  returnable  on  such  day  as  the  said  court  shall 
order,  to  appear  and  answer  to  the  said  petition.  The  said  sum- 
mons shall  be  served,  tvrenty  days  at  least  before  the  return  day 
thereof,  by  leaving  a copy  thereof,  and  of  said  petition,  certified 
to  by  the  officer  who  shall  serve  the  same,  with  the  mayor  of  the 
said  city  ; and  the  said  court  may,  upon  default  or  hearing  of  said 
city,  appoint  three  judicious  and  disinterested  freeholders  of  the 
county  of  St.  Louis,  who  shall,  after  reasonable  notice  to  the 
parties,  assess  the  damages,  if  any,  which  such  petitioner  may 
have  sustained  as  aforesaid;  and  the  award  of  said  freeholders,  or 
the  major  part  of  them,  being  returned  into  and  accepted  liy  the 
said  court,  shall  be  final,  and  judgment  shall  be  rendered  and 
execution  issued  thereon,  for  the  prevailing  party,  with  costs, 
unless  one  of  said  parties  shall  claim  a trial  by  jury,  as  herein- 
after provided.  If  either  of  the  parties  shall  be  dissatisfied  with 
the  award  of  damages  as  herein  expressed,  such  party  may,  at 
the  term  at  which  said  award  was  accepted,  or  at  the  next  term 
thereafter,  claim,  in  writing,  a trial  in  said  court,  and  have  a jury 
to  hear  and  determine,  at  the  bar  of  said  court,  all  questions  of 
fact  relating  to  said  damages,  and  to  assess  the  amount  thereof; 
and  the  verdict  of  said  jury,  being  accepted  and  recorded  by  said 
court,  shall  be  final  and  conclusive,  and  judgment  shall  be  ren- 
dered and  execution  issued  thereon ; and  costs  shall  be  recovered 
by  said  parties,  respectively,  as  may  be  ordered  by  the  said  court. 
In  every  case  of  a petition  to  the  circuit  court  by  any  person  for 
the  assessment  of  damages  as  hereinbefore  provided,  the  city  of 
St.  Louis,  by  any  of  its  officers,  may  tender  to  the  complainant 
any  sum  that  it  shall  think  proper,  or  it  may  bring  the  same  into 
court,  to  be  paid  to  the  complainant  for  the  damages  claimed  in 
his  petition  ; and  if  the  complainant  shall  not  accept  the  same 
with  his  costs  up  to  the  time,  but  shall  ])roceed  in  the  suit,  he 
shall  be  entitled  to  his  costs  up  to  the  time  of  the  tender  of  such 
payment  into  court,  and  not  afterward;  and  the  said  city  shall  be 
entitled  to  recover  costs  afterwai'd,  unless  the  claimant  shall 
recover  greater  damages  than  were  so  offered. 


DIGEST  OF  CIIAKTERS  AND  LAWS. 


Sec.  T.  For  the  purpose  of  defraying  all  the  costs  and  expenses 
of  such  lands  and  real  estate  as  shall  he  taken,  purchased,  or 
held  for  the  purposes  inentioned  in  this  act,  and  of  constructing 
all  works  necessary  and  proper  for  the  accomplishment  of  the 
said  purposes,  and  all  expenses  incident  thereto,  the  common 
council  shall  have  authority  to  issue,  and  shall  issue,  from  time 
to  time,  bonds  or  certificates  of  debt,  to  be  denominated,  on  the 
face  thereof,  ‘‘  St.  Louis  Water  Bonds,”  with  this  act  printed  on 
the  reverse  side,  to  an  amount  not  exceeding,  in  the  whole,  the 
sum  of  three  millions  of  dollars,  bearing  interest  at  a rate  not 
exceeding  six  per  cent,  per  annum ; and  said  interest  shall  be 
payable  semi-annually,  and  the  principal  shall  be  payable  at 
periods  not  more  than  thirty  nor  less  than  twenty  years  from 
the  issuing  of  said  bonds  or  certificates  of  debt,  respectively. 
And  the  said  commissioners  may  sell  the  same,  or  any  part 
thereof,  from  time  to  time,  at  public  or  private  sale,  or  pledge 
the  same  for  money  borrowed  for  the  purchases  aforesaid,  on 
such  terms  and  conditions  as  the  said  commissioners  shall  judge 
proper. 

Such  pledges  shall  not  be  of  a greater  amount  than  fifty 
thousand  dollars  at  any  time,  and  the  common  council  shall 
authorize  said  commissioners  to  sell  said  bonds,  from  time  to 
time,  or  whenever  the  necessities  of  said  Avorks  shall  recpiire  such 
sale  to  be  made.  Such  bonds,  when  held  by  a citizen  of  the 
State  of  Missouri,  shall  be  exempt  from  taxation  thereon.  All 
bonds  or  certificates  of  dcLt,  to  be  issued  as  aforesaid,  shall  be 
signed  by  the  mayor,  and  countersigned  by  the  comptroller  and 
treasurer  of  said  city;  and  a record  of  all  such  bonds,  or  certifi- 
cates of  debt,  shall  ])e  made  and  kept  by  the  said  comptroller  and 
treasurer,  respectively.  The  proceeds  of  the  sales  and  pledges  of 
said  bonds  shall  be  placed  on  deposit  in  any  l)anking  institution 
that  may  l)e  designated  by  the  common  council,  for  Avhich  said 
institution  shall  give  satisfactory  security,  to  be  ap})roved  by 
said  council ; and  all  moneys  to  be  paid  on  account  of  said  Avorks 
shall  be  draAvn  upon  Avarrants  signed  by  a majority  of  said  com- 
missioners, which  Avarrants  shall  be  countersigned  by  the  mayor 
and  comptroller;  and  if  said  commissioners,  or  any  of  them, 
shall  use  of  any  of  said  money  for  his  or  their  private  })urposes, 
shall,  upon  conviction  of  the  fact  before  the  criminal  court,  be 


DIGEST  OF  CHARTERS  AND  LAWS. 

imprisoned  in  the  State  prison  not  less  than  two  nor  more  than 
five  years. 

Sec.  8.  The  common  council  may,  from  time  to  time,  regu- 
late the  prices  or  rents  for  the  use  of  water  supplied  by  the 
Avorks  noAv  in  existence,  and  those  herein  authorized  to  be  con- 
structed, Avith  a vicAV  to  the  payment,  from  the  net  income,  rents 
and  receipts  thereof,  not  only  of  the  semi-annual  interest,  hut 
ultimately  of  the  principal ; also,  of  the  St.  Louis  Avater  bonds, 
so  far  as  the  same  may  be  practicable  and  reasonable ; and  the 
said  net  surplus  income,  rents  and  receipts,  after  deducting  all 
expenses  and  charges  of  distribution,  shall  be  set  apart  as  a sink- 
ing fund,  and  shall  be  appropriated  for  and  tOAvard  the  payment 
of  the  principal  and  interest  of  the  said  bonds  ; and  shall,  under 
the  management,  control  and  direction  of  the  mayor,  comptroller 
and  treasurer,  and  tAvo  members  of  the  common  council,  to  be 
chosen  by  the  council  annually  therefor,  AAdio  shall  be  trustees  of 
the  said  fund,  be  applied  solely  to  the  purpose  and  use  aforesaid, 
until  the  said  bonds  shall  be  fully  paid  and  discharged  ; and  the 
said  trustees  shall,  Avhenever  thereto  recpiired  by  the  common 
council,  i-ender  a just,  true  and  full  account  to  the  said  common 
council  of  all  their  receipts,  payments  and  doings  under  the  pro- 
visions of  this  section. 

Sec.  9.  The  city  of  St.  Louis  is  authorized  to  convey  the 
Avater,  by  means  of  the  Avorks  herein  provided  for,  or  such  addi- 
tional Avorks  as  may  be  necessary,  into  the  city  of  Carondelet,  or 
into  any  other  toAvn  or  city  in  the  county  of  St.  Louis,  Avhenever 
the  said  cit}"  of  St.  Louis  shall  make  a satisfactory  arrangement 
Avith  any  of  the  said  cities  or  tOAvns  therefor. 

Sec.  10.  That  AAdicneA^er  a majority  of  the  property  holders 
on  any  street,  lane,  or  alley  in  said  city  of  St.  Louis,  shall  here- 
after petition  for  Avater-pipe  to  be  laid  along  such  street,  lane,  or 
alley,  or  Avhenever  tAvo-thirds  of  the  members  of  the  common 
council  shall,  by  vote,  declare  it  to  be  necessary,  the  city  shall 
cause  the  same  to  be  laid ; the  cost  of  all  pipe  and  laying 
thereof,  as  above  provided,  shall  be  apportioned  and  cliarged  on 
the  adjoining  lots,  in  the  proportion  of  their  fronts,  and  be  paid 
by  the  oAvners  of  such  lots,  respectively  ; and  they  shall  be  bound 
to  pay  for  the  same  as  though  tlie  liabilities  Avere  contracted  by 
themselves,  and  may  be  sued  therefor  accordingly  ; and  the  lots 


DIGEST  OF  CIIAIITERS  AND  LAWS. 


or  lands  chargeable  tliercAvitli  shall  also  be  held  by  a lien  for  the 
respective  apportioned  share  of  sncli  cost,  until  the  same  be  fully 
paid.  Such  lien  may  be  enforced  by  special  tax,  levy  and  sale, 
or  by  proceedings  of  law,  all  according  to  such  provisions  as  may 
be  prescribed  by  said  common  council  ; and  in  no  case  shall  a 
license  be  issued  for  the  use  of  the  water  until  the  tax  for  the 
water-pipe  has  been  paid : Provided^  That  such  tax  shall  not 
be  greater,  in  the  opinion  of  the  mayor,  than  the  cost  of  a six- 
inch  pipe ; and  the  common  council  is  hereby  authorized  to 
assess,  in  like  manner,  the  property  fronting  on  any  street,  lane 
or  alley,  where  a supply-pipe  is  now  laid,  with  such  portion  of 
the  cost  thereof  as,  in  the  opinion  of  said  council,  shall  be 
equivalent  to  the  cost  of  a six-inch  supply-pipe,  or  less  if  a 
smaller  pipe  is  used ; and  said  council  is  also  hereby  authorized 
to  assess  all  property  fronting  on  any  street  or  alley,  or  other 
way,  where  a water-pipe  is  now  or  shall  hereafter  be  lai<l,  with  a 
tax  of  not  exceeding  one-twentieth  of  one  per  cent,  per  annum  on 
the  valuation  of  such  property  ; the  proceeds  of  such  tax  to  be 
disposed  of  in  the  same  manner  as  the  other  revenue  from  the 
works  herein  authorized  to  be  constructed. 


CIIAPTER  XY. 


Of  the 


A pj^ropriatiom  for  police  purponeH , 


maximum  of 1(5 

liow  made 17 

Captains  of  police^  ])ay  of 8 

Certificates  of  indebtedness^  })olicc 

commissioners  ma}"  issue 17 

maximum  of 17 

to  be  received  for  taxes 17 

Chief  of  police^  to  ^ive  bond (5 

pay  of 8 

Circuit  courts  treasurer  of  i)olice 
commissioners  to  be  certi- 
fied to 2 

to  approve  bond  of  tri'asurer 

of  police  connnissionei’s 2 

City^  what  share  of  ])olice  (*x- 

penses  to  ])ay 14 

Common  council^  powers  of  to  se- 

(Mire  ])eace 1 

not  to  conllict  with  police  com- 
missioners  1 

may  levy  police  tax 15 

to  make  [lolicc  appropriations  lb 


Police. 

Co)n)non  council,  to  pi'ovide  for 

no  (Uber  iiolici* ^ 17 

County.,  what  sliare  of  jiolice  (!X- 

penses  to  pay 14 

Detectives,  police  commissioners 

may  ajiiioint (5 

pay  of b 

Expenses  of  p>olice.  bow  providcul 

for  14 

Fire-alarm  telegraph.  ]K)lic(!  com- 
missioners may  use 11 

(rovernor.  to  till  vacancies  of 

])olice  commissiomn-s 2 

may  reniova*  jiolice  (jominis- 

sionei‘s..; 2 

to  ajipoint  [lolice  (;onnnission- 

ers  2 

Lieutenants  of  police.,  jiay  of. 8 

Mayor.,  to  b(*  pn^sidenl  of  jiolice 

(‘ommissioners 2 

Military.  ])olice  (;ommissioners 

may  order  out 12 

Oath,  iiolice  commissioners  to 
take 


2 


DIGEST  OF  CHARTERS  AND  LAWS. 


'2-Ax 


Oatli^  police  coiniiiisj.sioiiers  niiiy 

administer 4 

OJfictrs  of  jjolice^  eimmeratioii  of  G 

pay  of 8 

Ordinancxs  conflicting  with  act, 

void 13 

Volicc  coynminHioncrH , common 
council  not  to  conllict  with...  1 

city  otticer.s  not  to  impede 1 

board  of  established 2 

mayor  to  be  i)resid(mt  of 2 

(jualilications  ot 2 

term  of  office  of. 2 

salary  of 2 

oath  to  be  taken  by 2 

to  appoint  treasurer 2 

quorum  of 2 

vacancy  in  boai’d  of.  how  lilled  2 

to  hold  no  other  offi(;e 2 

governor  may  remove 2 

classilication  of 3 

general  duties  of. 4 

l)o\ver  of  to  administer  oaths  4 

may  summon  witnesses 4 

to  ap])oint  police  force 5 

may  increase  or  diminish  po- 
lice force 5 

may  remove  policemen 5 

to  reg'ulate.  police 9 

may  provide  for  relief  of  in- 
jured policemen i),  10 

may  require  bond  of  police- 
men   9 

may  i)unish  policemen  foi‘ mis- 
conduct  9 

ma\'  allow  extra  ])ay  for  ^ood 

conduct 10 

may  apimint  clerks,  etc 11 

may  use  common  s('al 11 

may  use  fire-alarm  teh*<;ra))h....  11 
liow  to  obtain  equipments, 

etc.,  of  i)oli(a; 11 

may  order  sheriff  to  summon 

poHHC  comiiatuH 12 

may  order  out  military 12 

disol)e(!ience  to.  how  pun- 
ished   12 

how  to  orofani/.e 13 

to  report  estimate  of  expenses  IG 


Police  commissionc/'fi ^ issue 

certificates  of  indebtedness, 

when § 17 

penalty  for  hindering  or  re- 
sisting  18 

to  cause  i)ersons  arrested  to  be 

tried  before  recorder 19 

to  keep  joui-iial  of  proc(?ed- 

ings....' 20 

to  report  to  common  council...  20 
Police  districts^  city  to  b(;  divided 

into  11 

Police  force^  to  be  armed  and 

e(p lipped  5 

number  of  5 

Policemen^  (jualitications  of o 

term  ot  office  of o 

pay  of G 

to  receive  no  gratuity 10 

gratuities  to,  how  dispo.sed  of  10 
Police  tax,  common  council  to 

levy If) 

Posse  comitatus ^ when  shell ff  to 

summon 12 

Recorder,  persons  arrested  to  be 

tried  before 19 

Salaries  of  police  commissioners  2 

of  ])olicemen 7 

of  officers  of  iiollce 8 

Seal,  police  commissioners  may 

use 11 

Sergeants  of  police,  pay  of 8 

Sheriff'  to  obey  police  commis- 

missioners  12 

Special  gxlice  fund 15 

Taxes,  cei’titicates  of  indebted- 
ness receivable  for 17 

Treasurer,  ])olice  commissioners 

to  appoint 2 

to  be  (‘(‘rtified  to  circuit  court...  2 

term  of  office  of 2 

additional  compensation  to 2 

bond  of. 2 

Turnkey,  pay  of 8 

Vacancies,  in  office  of  police 
commissionei’s,  how  filled...  2 
in  ])olice  officers,  how  lilled...  9 
Vice  Pres'ident,  iiolice  commis- 
sioners to  appoint 2 


A<  t 27. 

ISHl.  §1.1).  i;$9. 


Section  1.  The  common  council  oF  the  city  oF  St.  Louis  may 
pass  ordinances  For  preserving  order,  securing  property  or  per- 
sons From  violence,  danger  or  destruction  ; protecting  public  and 
private  property,  and  For  promoting  the  great  interests  and 
insuring  the  good  government  oF  the  city ; hut  no  ordinance 
hereby  passed,  or  that  may  hereaFter  be  passed,  by  the  common 
council  oF  St.  Louis,  shall  in  any  manner  conllict  or  interFere 
with  the  })0wers,  or  the  exercise  oF  the  powers,  oF  the  board  oF 


DKiEST  OF  CIIARTKRS  AND  LAWS. 


police  coiuniissioiiers  o('  tlie  city  of  St.  Louis,  as  liereiiiaftcr 
created;  nor  shall  the  said  city,  or  any  officer  or  agent  of  the 
corporation  of  said  city,  or  the  mayor  thereof,  in  any  manner 
impede,  obstruct,  hinder,  or  intei’fere  with  the  said  board  of 
police,  or  any  officer,  or  agent,  or  servant,  thereof  or  thereunder. 

Sec.  2.  There  shall  be,  and  is  hei-eby,  established,  within  and  ibni,  §3  p.  139. 
for  the  city  of  St.  Louis,  a board  of  police,  to  be  called  “The 
Police  Commissioners  of  the  City  of  St.  Louis,”  to  consist  of 
four  commissioners,  as  hereinafter  provided,  together  with  the 
mayor  of  said  city  for  the  time  being,  or  whosoever  may  be  law- 
fully acting  in  that  capacity,  who  shall  be,  (w  officio^  president  of 
said  board;  and  said  board  shall  appoint  one  of  their  members  as 
vice  president,  who  shall  act  during  the  absence  of  the  president. 

The  said  commissioners  shall  be  citizens  of  the  State  of  Missouri,  au  m.ucii 

1861  § 3 p 139. 

and  shall  have  been  residents  of  the  ci  :y  of  St.  Ijouis  for  the 
period  of  three  years  next  preceding  their  apjiointment.  They 
shall,  except  as  hei-einafter  specified,  hold  their  oHices  for  four 
years,  and  until  their  ]-(!spective  successors  shall  have  been 
appointed  and  ipialified,  and  shall  receive  each  a salary  of  one 
thousand  dollars  per  annum,  payable  (piailei’ly.  JLd'ore  entering 
on  the  duties  of  their  said  office,  the  said  commissioners  and  the 
said  mayor  shall  take  and  subscribe,  before  the  judge  of  the 
circuit  court  of  St.  Louis  county,  or  the  clerk  thereof,  the  oatli 
or  affirmation  prescribed  by  the  constitution  of  the  State  of  Mis- 
souri; and  shall  also  take  and  subscribe,  before  the  same  judge  or 
clerk,  the  further  oath  or  affirmation  that,  in  any  and  every 
appointment  or  removal  to  be  by  them  made  to  or  L-om  the  jiolice 
force  created,  and  to  be  organized  by  them  under  this  act,  they 
will  in  no  case,  and  under  no  jn-etext,  ajipoint  or  remove  any 
policeman,  or  officer  of  police,  or  other  person  under  them,  for 
[or]  on  account  of  the  political  ojdnions  of  such  policeman, 
officer  or  other  person  ; or  for  any  other  cause  or  reason  than  for 
the  fitness  or  unfitness  of  such  ])erson,  in  the  best  judgment  of 
the  said  commissioners,  for  the  phice  to  which  he  shall  be 
appointed,  or  from  which  he  shall  be  removed.  The  said  oaths 
or  affirmations  shall  be  recorded  and  ])reserve<l  among  the  records 
of  said  circuit  court.  One  of  their  owti  number  shall,  from  time 
to  time,  be  appointed  by  said  commissioners  treasurer  of  said 
board  of  police;  and  his  appointment,  when  made,  shall  be  certi- 


DIGEST  OF  CHARTERS  AND  LAWS. 


“240 

fiod  to  the  clerk  of  the  circuit  court  of  the  county  of  St.  Louis, 
under  the  seal  'of  said  board.  Said  treasurer  shall  hold  his  office 
for  such  term  as  may  he  designated  by  the  commissioners,  who 
may  remove  him  at  pleasure,  and  shall  be  entitled  to  additional 
compensation,  at  the  rate  of  live  hundred  dollars  per  annum,  for 
acting  in  that  capacity.  Before  he  enters  on  the  duties  of  his 
office  as  treasurer,  he  shall  give  bond  to  the  State  of  Missouri, 
with  one  or  more  securities,  in  the  penalty  of  fifty  thousand  dol- 
lars, conditioned  for  the  faithful  discharge  of  his  duties  as 
treasurer  of  the  board  of  police,  and  for  the  faithful  application 
and  payment  over,  pursuant  to  the  order  and  direction  of  said 
board,  of  all  moneys  which  may  come  to  his  hands  as  treasurer. 
The  bond  of  the  treasurer  shall  be  approved  by  the  judge  of  the 
circuit  court  of  the  county  of  St.  Louis,  and  shall  be  delivered 
to  and  safely  kept  by  the  treasurer  of  St.  Louis  county.  A 
majority  of  the  board  of  police  shall  constitute  a quorum  ; and 
the  failure  or  refusal  of  the  mayor,  or  acting  mayor,  of  the  city 
of  St.  Louis  to  qualify  or  act  hereunder,  shall  in  no  wise  impair 
the  right  or  duty  of  said  , commissioners  to  organize  and  proceed 
as  herein  provided.  In  case  a vacancy  shall  occur  in  said  board, 
the  same  shall  be  filled  by  the  Governor  of  the  State  of  Missouri 
forthwith,  after  having  been  notified  that  such  vacancy  exists. 
Any  one  of  said  commissioners  who,  during  his  term  of  office, 
shall  accept  any  other  place  of  public  trust  or  emolument,  or 
who,  during  the  same  period,  shall  knowingly  receive  any  nom- 
ination for  an  office  elective  by  the  people,  w'ithout  publicly 
declining  the  same  within  twenty  days  succeeding  said  nomina- 
tion, shall  be  deemed  to  have  thereby  vacated  his  office.  For 
official  misconduct,  any  oP  said  commissioners  may  he  removed 
by  tlie  Governor  of  the  State  of  Missouri,  upon  his  being  fully 
satisfied  that  the  commissioner  is  guilty  of  the  alleged  official 
misconduct. 

Act  .Jail  -25, ’C5,  Sec.  3.  Tlic  Govcmor  of  the  State  of  Missouri,  l)y  and  with 

^ ’’’’  the  advice  and  consent  of  the  Senate,  shall,  without  unnecessary 

delay,  appoint  the  four  commissioners  above  provided  for ; and 
said  commissioners  shall  hold  their  office,  two  of  them  for  two 
years,  and  two  of  them  for  four  years,  from  the  first  day  of 
January,  ISfib,  and  until  their  successors  shall  have  been  appointed 
and  qualified.  The  Governor  shall  issue  commissions  to  the  })er- 


DIGEST  OF  CHARTERS  AND  LAWS. 


sons  so  appointed,  designating  tlie  time  for  wliicli  they  are  severally 
appointed.  And  wlieiiever  the  term  of  office  of  any  commissioner 
expires,  the  appointment  of  his  successor  shall  be  for  four  years. 

Sec.  4.  The  duties  of  the  board  of  police,  hereby  created, 
shall  be  as  follows  : They  shall,  at  all  times  of  the  day  and  night, 
within  the  boundaries  of  the  city  of  St.  Louis,  as  wxll  on  water 
as  on  land,  preserve  the  public  peace ; prevent  crime,  and  arrest 
offenders  ; protect  the  rights  of  persons  and  property  ; guard  the 
public  health ; preserve  order  at  every  public  election,  and  at  all 
public  meetings  and  places,  and  on  all  public  occasions;  prevent 
and  remove  nuisances  on  all  streets,  highways,  waters,  and  other 
places ; provide  a proper  police  force  at  every  fire  for  the  pro- 
tection of  firemen  and  property ; protect  emigrants  and  travelers, 
at  steamboat  landings  and  railway  stations  ; see  that  all  laws 
relating  to  elections  and  to  the  observance  of  Sunday,  and  regu- 
lating pawnbrokers,  gamblers,  intemperance,  lotteries  and  lottery 
policies,  vagrants,  disorderly  persons,  slaves  and  free  negroes,  and 
the  public  health,  are  enforced.  They  shall  also  enforce  all  laws 
and  ordinances  passed,  or  which  may  hereafter  be  passed,  by  the 
common  council  of  the  city  of  St.  Louis,  not  inconsistent  with  the 
provisions  of  this  act,  or  any  other  law  of  the  State,  which  may  be 
properly  enforceable  by  a police  force.  In  case  they  shall  have 
reason  to  believe  that  any  person  within  said  city  intends  to  commit 
any  breach  of  the  peace,  or  violation  of  law  or  order,  beyond  the 
city  limits,  any  person  charged  with  the  commission  of  crime  in 
the  city  of  St.  Louis,  and  against  whom  criminal  process  shall  have 
issued,  may  be  arrested  upon  the  same  in  any  part  of  this  State 
by  the  police  force  created  or  authorized  by  this  act : Provided^ 
however^  That  before  the  person  so  arrested  shall  be  removed 
from  the  county  in  which  such  arrest  is  made,  he  shall  be  taken 
before  some  judge  or  justice  of  the  peace  of  that  county,- to  whom 
the  papers  authorizing  such  arrest  shall  be  submitted  ; and  the 
person  so  arrested  shall  not  be  removed  from  said  county,  but 
shall  be  forthwith  discharged,  unless  such  judge  or  justice  of  the 
peace  shall  approve  and  endorse  said  papers.  The  said  police 
commissioners,  or  either  of  them,  shall  have  power  to  admin- 
ister oaths  or  affirmations  on  the  premises  to  any  person  appear- 
ing or  called  before  them.  They  shall  also  have  the  power  to 
summons  and  compel  the  attendance  of  witnesses  before  them 
16 


Act 

1861, 


242 


Ibid,  § 6,  p 


Ibid^  § 7,  p. 

Act  ])ec.  12, 
§2,  p.  156. 


Act  March 
1861,  g 7,  p. 


Ibid,  § 8,  p. 
as  amended 
act  Dec.  12, 
^ 3,  p.  156, 
by  act  Feb. 
1 865,  § 1 . p • 


DIGEST  OF  CHARTERS  AND  LAWS. 

whenever  it  may  be  necessary  for  the  more  effectual  discharge  of 
their  duties. 

• i-io*  Sec.  5.  To  enable  the  said  board  to  perform  the  duties 
imposed  upon  them,  they  are  hereby  authorized  and  required, 
as  speedily  as  may  be,  to  appoint,  enroll,  and  employ  a perma- 
nent police  force  for  the  city  of  St.  Louis,  wFich  they  shall 
equip  and  arm  as  they  may  judge  necessary.  The  number  of 
policemen  to  be  so  appointed  and  employed,  exclusively  of  officers, 
shall,  at  the  first  organization,  be  not  exceeeding  the  number 
now  employed  by  the  corporate  authorities  of  the  city  of  St. 
Louis  ; with  power,  however,  to  reduce  that  number,  or  increase 
it,  not  more  twenty-five,  as  experience  may  warrant : Provided^ 
however^  That,  for  any  extraordinary  emergencies,  the  board 
may  raise  such  additional  force  as  the  exigency  may,  in  their 
judgment,  demand.  No  person  shall  be  appointed  or  employed 
as  policeman,  or  officer  of  police,  wdio  shall  have  been  convicted 
of,  or  against  whom  any  indictment  may  be  pending  for,  any 
offense,  the  punishment  of  which  may  be  confinement  in  the 
penitentiary ; nor  shall  any  person  be  so  appointed  who  is 
notoriously  of  bad  character,  or  who  is  not  a citizen  of  the 
United  States,  or  who  is  not  able  to  read  and  write  the  English 
language,  or  who  does  not  possess  ordinary  physical  strength 
and  courage.  The  policemen  shall  be  employed  to  serve  for 
four  years,  and  be  subject  to  removal  only  for  cause,  after  a 
hearing  by  the^  board,  who  are  hereby  invested  with  exclusive 
jurisdiction  on  [in]  the  premises.  Any  policeman  whose  time 
of  service  shall  expire,  and  who,  during  his  appointment,  shall 
have  faithfully  performed  his  duty,  shall,  if  otherwise  qualified, 
be  preferred  by  the  board  in  making  their  new  appointments. 

141.  Sec.  6.  The  officers  of  police  shall  be  as  follows  : One  chief 
-'63,  of  police,  who  shall  give  bond,  with  security,  in  the  penal  sum  of 
twenty  thousand  dollars,  for  the  faithful  performance  of  his 
27,  duties  ; three  captains,  three  lieutenants,  not  exceeding  twelve 
sergeants,  and  four  turnkeys.  They  shall  be  appointed  by  the 
board  for  such  time  as  the  board  shall  determine,  and  be  subject 
to  removal  by  the  board  for  cause. 

141,  Sec.  7.  The  pay  of  the  ordinary  policemen  shall  be  seventy- 
’63^  five  dollars  per  month,  payable  monthly;  and  in  case  tlie  board 
shall  appoint  detective  policemen,  which  they  may  do  to  the 


DIGEST  OF  CHARTERS  AND  LAWS. 

number  of  five,  tlie  detectives  sliall  receive  a like  sum,  payable 
monthly. 

Sec.  8.  The  officers  of  the  police  shall  be  paid  monthly,  and 
their  pay  shall  be  as  follows  ; The  chief  shall  receive  two  thousand 
dollars  a year ; each  captain,  one  hundred  dollars  per  month ; 
each  lieutenant,  eighty-five  dollars  per  month ; each  sergeant, 
eighty  dollars  per  month ; each  turnkey,  sixty  dollars  per 
month. 

Sec.  9.  Whenever  any  vacancy  shall  take  place  in  any  grade 
of  officers,  except  the  chief,  it  shall  be  filled  from  the  next  lowest 
grade,  if  competent  men  can  be  found  therein.  The  board  of 
police  are  hereby  authorized  to  make  all  such  rules  and  regu- 
lations, not  inconsistent  with  this  act,  as  they  may  judge  neces- 
sary, for  the  appointment,  employment,  uniforming,  discipline, 
trial  and  government  of  the  police,  and  for  the  relief  and  com- 
pensation of  members  of  the  police  force  injured  in  person  or 
property  in  the  discharge  of  their  duty,  and  the  families  of  the 
officers  or  men  killed  while  in  such  discharge  of  duty  : Provided^ 
That  the  allowance  shall  not  exceed,  in  any  one  instance,  twelve 
months’  pay.  The  said  board  shall  also  have  power  to  require 
of  any  officer  or  policeman,  bond,  wdth  securities,  when  they  may 
consider  it  demanded  by  the  pul)lic  interest.  All  lawful  rules 
and  regulations  of  the  board  shall  be  obeyed  by  the  police  force, 
on  pain  of  dismissal  or  such  other  lighter  punishment,  either  by 
suspension,  fine,  reduction,  or  forfeiture  of  pay,  or  otherwise,  as 
the  board  may  adjudge. 

Sec.  10.  No  officer  of  police,  or  policeman,  shall  be  allowed  to 
receive  any  money,  or  gratuity,  or  compensation,  for  any  service 
he  may  render,  without  the  consent  of  the  said  board ; and  all 
such  moneys  as  any  policeman  or  police  officer  may  be  so  per- 
mitted to  receive  shall  be  paid  over  to  the  board,  and,  together 
with  the  proceeds  of  all  fines,  forfeitures,  and  unreclaimed  prop- 
erty, which  may  come  to  the  possession  of  the  board,  or  be 

, recovered  by  them  under  the  provisions  of  this  act  or  any  other 

law  or  ordinance  shall  form  a fund,  which  the  board  may  apply 
toward  the  allowance  to  policemen,  and  officers  of  police,  and 
I their  families,  as  hereinbefore  authorized,  and  for  extra  pay  for 

■ such  members,  of  their  force  as  gallantry  and  good  conduct,  on 

’ extraordinary  occasions,  may  be  adjudged  to  merit  it. 


243 


Ibid,  g 9.  p.  141, 
amended  as 
above. 


Ibid, g 10,  p.  141. 


Ibid,g  ll,p.  141. 


241 


DIGEST  OF  CIIAETERS  AND  LAWS. 


Ibid,  2 12,  p.  141. 


Ibid,{i  13,  p.  142. 


Sec.  11.  The  said  board  shall  be,  and  they  are  hereby,  author- 
ized to  provide  themselves  with  such  office,  and  office  furniture, 
and  such  clerks  and  other  subordinates,  as  they  may  need  ; and  to 
have  and  to  use  a common  seal.  They  shall  divide  the  city  into 
the  needful  number  of  police  districts,  and  provide  in  each  of 
them,  if  necessary,  a station-house,  or  houses,  with  all  things 
and  attendants  required  for  the  same,  and  all  such  other  accom- 
modations as  may  be  required  for  the  use  of  the  police.  The 
said  board,  for  all  the  purposes  of  this  act,  shall  have  the  use  of 
the  fire-alarm  telegraph  of  the  city  'of  St.  Louis  for  police  pur- 
poses, and  of  all  station-houses,  watch-boxes,  fire-arms,  equip- 
ments, accoutrements,  and  other  accommodations  and  things 
heretofore  provided  by  the  city  of  St.  Louis  for  the  use  and 
service  of  the  police,  as  fully  and  to  the  same  extent  as  the  same 
are  now  and  may  be  used  by  or  for  the  present  police ; and  the 
mayor  and  common  council,  and  all  persons  and  municipal  officers 
in  charge  thereof,  are  hereby  ordered  and  required  to  allow  such 
use  accordingly.  In  case  the  said  mayor  and  common  council  of 
said  city,  or  its  officers  or  agents,  refuse  or  neglect  to  allow  such 
use,  as  and  when  the  same  shall  be  required  by  said  board,  the  said 
board  may  apply  to  the  circuit  court  of  the  county  of  St.  Louis, 
in  the  name  of  the  State,  for  a mandamus  to  compel  a compli- 
ance with  the  provisions  of  this  section,  and  the  application 
thereof  shall  be  heard  and  decided  by  the  court.  One  week’s 
notice  of  the  application  shall  be  given,  and  the  respondent  or 
respondents  shall  have  the  right  to  answer  within  the  week ; and 
if  testimony  be  needed  on  either  side,  the  same  shall  be  taken 
within  ten  days  after  the  answer  is  filed  or  the  said  week  shall 
have  expired.  From  the  decision  of  the  circuit  court  in  the 
premises,  either  party  may  appeal  within  ten  days  ; and  it  shall 
be  the  duty  of  the  clerk  of  said  court  to  send  up  the  record 
immediately,  and  the  appeal  shall  be  heard  by  the  supreme  court, 
if  then  in  session,  and  if  not  in  session,  at  the  next  term.  In 
both  courts  the  case  shall  be  taken  up  and  tried  in  preference 
to  all  others. 

Sec.  12.  It  shall  be  the  duty  of  the  sheriff  of  St.  Louis 
county,  whenever  called  on  for  that  purpose  by  said  board,  to 
act  under  their  control  for  the  preservation  of  the  public  peace 
and  quiet,  and,  if  ordered  by  them  to  do  so,  he  shall  summon 


DIGEST  OF  CIIAllTEllS  AND  LAWS. 


245 


the  posse  comitatus  for  that  purpose,  and  hold  and  employ  such 
posse,  subject  to  their  discretion.  In  case  the  board  shall  deem 
it  necessary,  they  shall  have  authority,  in  accordance  with  the 
laws  now  in  force,  or  hereafter  enacted,  to  call  out  such  of  the 
military  force  lawfully  organized  or  existing  in  the  said  city,  or, 
as  they  may  see  fit,  to  aid  them  in  preventing  threatened  disorder 
or  opposition  to  the  laws,  or  in  suppressing  insurrection,  riot  or 
disorder,  at  all  times.  And  it  shall  be  the  duty  of  the  said  mil- 
itary force  to  obey  such  directions  as  may  be  given  them  by  the 
said  board,  whenever  the  exigency  or  circumstances  may  in  their 
judgment  warrant  it.  The  said  board  shall  have  the  power  to 
assume  the  control  and  command  of  all  conservators  of  the  peace 
of  the  city  of  St.  Louis,  whether  sheriff,  constables,  policemen, 
or  others,  and  they  shall  act  under  the  orders  of  the  said  board, 
and  not  otherwise  ; and  in  case  of  the  refusal  of  the  said  sheriff, 
or  policemen,  constables,  or  other  peace  officer  or  person,  to  obey 
any  lawful  command  of  the  said  board  under  the  provisions  of  this 
section,  they  shall,  respectively,  be  liable  to  the  penalties  follow- 
lowing  that  is  to  say,  the  said  sheriff  to  a penalty  of  five 
thousand  dollars  ; any  peace  officer  to  a penalty  of  five  hundred 
dollars  ; and  any  private  citizen  to  a penalty  of  one  hundred  and 
fifty  dollars  ; said  penalties  to  be  recovered  by  said  board,  by  civil 
action,  in  the  name  of  the  State;  and  any  officer  in  any  military 
force  in  the  city  of  St.  Louis,  organized  or  existing  under  the 
laws  of  this  State,  who,  being  called  upon  by  said  board  as 
aforesaid,  shall  refuse  or  willfully  fail  to  call  out  the  force  under 
his  command,  or  to  obey  the  directions  of  said  board,  or  to 
enforce,  by  all  lawful  means,  the  performance  of  the  duties  to 
said  force  assigned,  shall  be  liable  to  a penalty  of  five  hundred 
dollars  ; and  any  inferior  officer  or  private  of  such  force  who 
shall  refuse  or  willfully  fail  to  obey  the  summons  or  order  of  his 
proper  superior,  in  such  behalf  issued,  shall  be  liable  to  a penalty 
of  one  hundred  and  fifty  dollars ; such  penalties  to  be  recoverable 
as  aforesaid. 

Sec.  13.  So  soon  as  the  board  created  by  this  act  shall  hold 
iheir  first  meeting,  it  shall  be  their  duty  to  inform  the  city 
marshal,  the  chief  of  police,  the  captain  of  police,  and  other 
officers  of  the  police  of  the  city  of  St.  Louis,  that  they  re(|uire 
their  attendance  upon  them,  and  obedience  to  their  orders  ; 


Ib.,  § 14,  p.  142. 


24t) 


DIGEST  OF  CHARTERS  AND  LAWS. 


Act  Feb.  5,  1864, 
p.  158. 


Act  Feb,  6,  1864, 
^ 1,  p.  168,  as 
amended  by  act 
Feb.  18,  1866,  § 

2,  p.  no. 


which  attendance  the  officers  so  notified  shall  be  bound  respectively 
to  give,  under  a penalty  of  five  hundred  dollars  each,  to  be 
recovered  by  action  at  law,  instituted  by  said  board  in  the  name 
of  the  State,  for  failure  to  attend  as  required,  and  for  each  and 
every  failure  to  obey  the  lawful  order  of  said  board.  From  and 
after  the  first  meeting  aforesaid,  the  whole  of  the  then  existing 
police  force  in  the  city  of  St.  Louis,  both  officers  and  men,  shall 
pass  under  the  exclusive  management  and  control  of  the  said 
board,  and  be  subject  to  no  other  control,  and  entitled  to  receive 
neither  orders  nor  pay  (except  arrearages  then  due)  from  any 
other  authority,  and  shall  so  continue ; subject,  however,  to 
removal  or  suspension  at  the  discretion  of  said  board,  and  with 
the  power  in  said  board  to  fill  vacancies,  until  the  said  board  shall 
publicly  declare  that  the  organization  of  the  police  force,  created 
by  this  act,  is  complete.  Upon  such  public  declaration,  and  from 
the  time  thereof  thenceforward,  all  ordinances  of  the  city  of  St. 
Louis  are  hereby  annulled  and  declared  void,  so  far  as  they 
conflict  with  this  act,  or  assume  or  confer  upon  the  mayor,  or  any 
other  person  or  persons,  the  power  to  appoint,  dismiss,  or  in  any 
way  or  to  any  extent  employ  or  control  any  police  force  organ- 
ized, or  to  be  organized,  under  such  ordinance,  or  any  of  them ; 
and  from  and  after  such  public  declaration,  as  aforesaid,  the 
police  force  organized,  or  which  may  be  organized,  under  such 
ordinance,  or  any  of  them,  shall  cease  to  exist,  and  all  its  func- 
tions and  powers  be  at  an  end. 

Sec.  14.  The  county  of  St.  Louis  shall  be  chargeable  with 
one-fourth  of  the  whole  expenses  of  the  police  force  of  said  city 
of  St.  Louis,  for  the  year  eighteen  hundred  and  sixty-four,  and 
for  each  year  thereafter ; and  the  county  court  of  said  county 
shall,  from  time  to  time,  appropriate  money  out  of  the  county 
treasury  to  meet  that  proportion  of  said  expense  ; and  whenever 
the  said  board  of  police  commissioners  shall  need  money  to  meet 
the  expenses  of  said  police  force,  they  shall  make  reipiisition 
upon  said  county  for  one-fourth  and  upon  said  city  for  three- 
fourths  thereof. 

Sec.  15.  For  the  purpose  of  providing  additional  means  foi 
paying  the  police  force  of  the  city  of  St.  Louis,  the  boai-d  of 
common  council  of  said  city  shall  levy  an  additional  tax  of*  one- 
seventh  of  one  per  centum  on  all  property  in  said  city,  made 


DIGEST  OF  CHARTERS  AND  LAWS. 


247 


taxable  by  buv  for  State  purposes,  for  tlie  year  eighteen  hundred 
and  sixty- four,  and  for  each  year  thereafter;  and  all  moneys 
collected  from  such  tax  shall  be  set  apart  as  a special  fund,  to  be 
used  for  no  other  purpose. 

Sec.  16.  It  is  hereby  made  the  duty  of  the  board  of  police  Act  March  27, 

. . n • 1 f.  -n  1 1861,  g 15,  p.  143, 

commissioners  annually  to  estimate  what  sum  or  money  will  be  as  amended  by 

necessary  for  each  current  fiscal  year,  to  enable  them  to  dis-  ises,  §5,  pAse. 

charge  the  duties  imposed  upon  them,  and  they  shall  forthwith 

certify  the  same  to  the  board  of  common  council  of  the  city  of 

St.  Louis,  and  the  county  court  of  the  county  of  St.  Louis ; and 

the  common  council  is  hereby  required,  in  the  first  appropriation 

ordinance  of  the  fiscal  year,  to  set  apart  and  appropriate,  out  of 

the  police  fund,  the  amount  so  certified  to  them ; the  whole  of 

such  appropriation  for  police  purposes  not  to  exceed  the  sum  of 

one  hundred  and  seventy-five  thousand  dollars. 

Sec.  17.  The  said  board  of  police,  upon  and  after  having  Act  March  27, 

^ ^ ...  1861,  g 16,  p.  143, 

qualified  as  aforesaid,  are  hereby  authorized  to  make  requisition,  as  amended, 
from  time  to  time,  upon  the  mayor,  auditor,  comptroller,  or 
other  proper  disbursing  officer  or  officers  of  the  corporation  of  the 
city  of  St.  Louis,  for  such  sums  of  money  as  they  may  deem 
necessary  for  executing  their  duties  under  this  act ; and  the  sums 
so  required  shall  be  paid,  by  said  proper  disbursing  officer  or 
officers,  out  of  any  moneys  in  the  city  treasury  not  appropriated 
to  pay  the  interest  upon  the  indebtedness  of  said  city,  the 
expenses  of  the  city  hospital  and  health  department,  lighting  the 
city  with  gas,  and  the  amount  of  ten  thousand  dollars  required  to 
be  placed  to  the  credit  of  the  sinking  fund:  Provided^  That  the 
amount  so  required,  or  drawn,  shall  not  exceed  in  any  one  year 
the  amount  so  as  aforesaid  certified  for  that  year  to  the  common 
council  aforesaid ; and  in  case  the  common  council  shall  fail  to 
make  such  appropriation,  or  the  said  disbursing  officer  or  officers 
shall  not  forthwith  pay  over  the  amount  of  such  requisition  as 
made,  it  shall  be  the  duty  of  said  board,  and  they  are  hereby 
authorized  and  required,  to  issue  certificates  of  indebtedness,  in 
the  name  of  the  city  of  St.  Louis,  in  such  amounts  as  they  may 
deem  advisable,  for  the  amount  of  such  requisition  respectively, 
bearing  interest  at  ten  per  cent,  per  annum,  payable  not  more 
than  twelve  months  after  date,  and  signed  by  a majority  of  the 
board;  and  to  raise  the  money  on  said  certificate,  by  pledging  or 


248 


DIGEST  OF  CHARTERS  AND  LAWS. 


Act  March 

1861,  216,  p 


disposing  of  the  same ; which  certificate  shall  be  receivable  at 
par  in  payment  of  all  city  taxes,  and  be  as  binding  upon  said 
corporation,  and  be  as  recoverable  against  it,  as  if  the  common 
council  of  St.  Louis  had  themselves  authorized  the  issuing  of  said 
certificates.  The  common  council  of  the  city  of  St.  Louis  shall 
have  no  power  or  authority  to  levy  or  collect  any  tax,  or  appro- 
priate any  money,  for  the  payment  of  any  police  force  other  than 
that  to  be  organized  and  employed  under  this  act.  No  ofiicer  or 
servant  of  the  mayor  [or]  the  common  council  of  said  city  of  St. 
Louis  shall  disburse  any  money  for  the  payment  of  any  police 
force  other  than  that  to  be  organized  and  employed  under  this  act ; 
and  the  power  of  said  mayor  and  common  council  to  appropriate 
and  disburse  money  for  the  payment  of  the  police  force,  to  be 
organized  or  employed  under  this  act,  shall  be  exercised  as  in  this 
section  directed,  and  not  otherwise.  In  case  the  amount  as  afore- 
said to  be  estimated  by  the  said  board  shall,  from  any  unforeseen 
cause,  prove  insufficient  for  the  necessary  expenses  of  the  current 
year,  the  said  board  are  hereby  authorized  and  empowered  to 
issue  certificates  and  raise  money  therefrom,  as  hereinbefore 
provided,  to  meet  the  exigency:  Provided^  however^  That  no 
such  additional  issue  shall  exceed  the  sum  of  ten  thousand  dollars 
in  any  one  year,  and  that  the  amount  thereof  shall  be  added  to 
the  appropriation  for  the  year  next  ensuing,  and  that  the  said 
certificates  shall  not  be  made  payable  at  any  earlier  day  than  the 
first  day  of  November  next  after  the  issuing  of  the  same,  and 
shall  not  be  receivable  in  payment  of  city  taxes  earlier  than  those 
for  the  year  in  which  they  shall  be  so  payable. 

27,  Sec.  18.  Any  officer  or  servant  of  the  mayor  or  common 
council  of  the  city  of  St.  Louis,  or  other  person  whatsoever,  who 
shall  forcibly  resist  or  obstruct  the  execution  or  enforcement  of 
any  of  the  provisions  of  this  act,  providing  a permanent 
police  for  the  city  of  St.  Louis,  or  relating  to  the  same,  or 
who  shall  hinder  or  obstruct  the  organization  of  said  board 
of  police  or  the  police  force  hereinbefore  provided  to  be 
organized,  or  who  shall  maintain  or  control,  or  attempt  to 
maintain  or  control,  the  existing  police  force  of  said  city,  or 
any  part  thereof,  or  any  other  police  force  under  the  ordinances 
and  acts  herein  and  hereby  repealed,  except  as  herein  pro- 
vided, shall  be  liable  to  a penalty  of  one  thousand  dollars  Tor 


DIGEST  OF  CHARTERS  AND  LAWS. 


219 


each  and  every  such  offense,  recoverable  ])y  the  hoard  by  action 
of  law,  in  the  name  of  the  State  ; and  shall  forever  thereafter  be 
disqualified  from  holding  or  exercising  any  office  or  employment, 
whatsoever,  under  the  mayor  or  common  council  of'  St.  Louis,  or 
under  this  act : Frovided^  however^  That  nothing  in  this  section 
shall  be  construed  to  interfere  with  the  punishment,  under  any 
existing  or  any  future  law  of  this  State,  of  any  criminal  offense 
which  shall  be  committed  by  the  said  parties  in  or  about  the 
resistance,  obstruction,  hinderance,  conspiracy,  combination,  or 
disbursement  aforesaid. 

Sec.  19.  The  commissioners  of  police  shall  cause  all  persons  ibid,  2 n,  p.u4. 
arrested  by  the  police  to  be  brought  before  the  recorder  of  the 
city  of  St.  Louis,  or  some  justice  of  the  peace  within  said  county, 
to  be  dealt  with  according  to  law. 

Sec.  20.  The  board  shall  cause  a full  journal  of  their  proceed-  ibid,? is,  p.  144. 
ings  to  be  kept,  and  shall  also  cause  all  their  receipts  on 
disbursements  of  moneys  to  be  faithfully  entered  in  books  to  be 
procured  and  kept  for  that  purpose  ; and  said  journal  and  all 
said  books,  and  all  other  documents  in  the  possession  of  said 
board,  shall  always  be  open  to  the  inspection  of  the  general 
assembly  of  the  State  of  Missouri,  or  any  committee  appointed 
by  it  for  that  purpose.  It  shall  be  the  duty  of  the  board  to 
report  to  the  common  council  of  the  city  of  St.  Louis,  at  each 
annual  session  thereof,  the  number  and  expense  of  the  police 
force  employed  by  them  under  this  act,  and  all  such  other  matter 
as  may  be  of  public  interest  in  connection  with  the  duties 
assigned  them  by  this  act. 

CIL\PTER  XVI. 


Of  the  House  of  Ref  uge. 


Abandoned  children.,  may  lie  com- 
mitted to  house  of  refu<(e \ 14 

Board  of  managers,  may  receive 


childi'en  to  house  of  refuge  .5 

to  control  house  of  refuge 0 

liow  composed 1) 

t(u-m  of  olUce  of  memhers  of...  ‘J 

quorum  of. 0 

when  to  meet J) 

powers  and  authority  of. 10 

to  kee])  record  of  })roceediugs  12 
to  report  to  common  council...  12 


Bonds.,  city  and  county  may  issue 
to  rebuild  house  (if  refiige,  17,  18 
Circuit  coiirt,  may  issue  writ  of 
habeas  corpus  for  discharge 
of  minors  fi’om  house  of 

refuge 7 

City.,  to  pay  debts  of  house  of 

refug(i 11 

may  siu;  for  debts  due  to  house 

of  refuge 11 

Commitments  to  house  of  refuge, 
what  period  to  be  for 3,  G 


250 


DIGEST  OF  CHARTERS  AND  LAWS. 


Common  council  ^ to  appoint  mem- 
bers of  board  of  managers  of 

bouse  of  refuge I 9 

may  visit  house  of  refuge 18 

Common  Pleas  courts  niay  issue 
writ  of  liabeas  corpus  for 
discharge  of  minors  from 

liouse  of  refuge 7 

Convicts,  in  house  of  refuge, 
board  of  managers  to  con- 
trol  3 

term  of  confinement  of. 3,  6 

County  court,  authorized  to  make 
certain  appropriations. ..2,  4,  IG 
to  pay  expense  of  certain 

prisoners 4 

may  issue  writ  of  habeas  cor- 
pus  7 

Criminal  court  maj'^  issue  writ  of 

habeas  corpus 7 

Debts  of  house  of  refuge,  who 

to  pay 11 

Expenses  of  prisoners,  how  paid  4,  5 

Grand  jury,  may  visit  house  of 

refuge 13 

Guardians,  may  commit  wards 

to  house  of  refuge 5 

Habeas  corpus,  writ  of,  who 
may  issue  for  discharge  of 

minors 7 

House  of  refuge,  common  coun- 
cil authorized  to  erect 1 

location  of. 1 

object  of. 1 


House  of  refuge,  who  to  be  com- 
mitted to ^3,  5,  14 

board  of  managers  to  control  9 

who  may  visit 13 

property  of  not  to  be  sold  or 

encumbered 15 

city  and  county  may  borrow 

money  to  rebuild 17,  18 

Imprisonment  in  house  of  refuge, 

term  of. 6 

Jail,  minors  to  be  committed  to 
house  of  refuge  instead  of...  3 

Land  court  may  issue  writ  of 

habeas  corpus 7 

Mayor,  to  be  member  of  board 

of  managers 9 

to  appoint  two  members  of 

board 9 

may  visit  house  of  refuge 13 

may  commit  certain  children.  14 
Minors,  may  be  committed  to 

house  of  refuge 3,  5,  14 

how  discharged  on  writ  of 

habeas  corpus 7 

to  have  private  trial 8 

Parents,  may  commit  children  to 

house  of  refuge 5 

Penitentiary,  minors  to  be  com- 
mitted to  house  of  refuge 

instead  of. 3 

WorhhousQ,  minors  liable  to  con- 
finement in,  to  be  commit- 
ted to  house  of  refuge 3 


Act  Feb.  28,  ’65, 
? b P.  H3. 


Ibid,  2 2,  p.  113. 


Section  1.  The  city  [common]  council  of  the  city  of  St.  Louis 
is  hereby  authorized  and  directed  to  erect  upon  the  following 
described  lot  of  ground  or  parcel  of  land — to-wit : block  number 
eighty  (80)  of  the  common  of  St.  Louis,  according  to  the  sur- 
vey and  plat  thereof,  made  by  Charles  DeWard — such  buildings 
and  improvements,  in  addition  to  those  now  on  said  land,  as  may 
be  suitable  for  a house  of  refuge  for  the  confinement  and  reform 
of  juvenile  offenders. 

Sec.  2.  The  county  court  of  St.  Louis  county  is  hereby 
authorized  and  directed  to  appropriate  toward  said  buildings  and 
improvements  the  sum  of  twenty  thousand  dollars. 


Ibid,  2 3.  p.  113.  Sec.  3.  All  males  under  sixteen  and  females  under  fourteen 
years  of  age,  who  shall,  under  existing  laws  of  the  State  of  ^lis- 
souri,  or  ordinance  of  the  city  of  St.  Louis,  or  such  as  may 
hereafter  be  enacted  or  passed,  be  liable  to  confinement  in  tlie 
workhouse  of  St.  Louis  city,  the  county  jail  of  St.  Louis  county, 
or  the  penitentiary  of  the  State  of  Missouri,  may,  at  the  dis- 


DIGEST  OF  CHARTERS  AND  LAWS. 


251 


cretion  of  the  court  or  magistrate  giving  sentence,  be  placed  in 
the  said  house  of  refuge ; and,  when  so  placed,  shall  he,  until 
reaching  the  age  of  twenty-one  years,  under  the  exclusive  con- 
trol of  the  managers  of  said  house  of  refuge,  according  to  the 
regulations  hereinafter  provided ; but  if  the  imprisonment  or 
confinement  to  which  such  minor  would  be  liable  be  only  pro- 
visional, in  order  to  bring  such  minor  to  trial  for  a supposed 
offense,  or  to  secure  his  or  her  attendance  as  a witness  in  a crimi- 
nal cause,  in  every  such  case  such  minor  shall  be  sent  to  said 
house  of  refuge ; and  the  authority  of  said  board  over  such 
minor,  arising  from  such  order  of  commitment,  shall  cease  upon 
the  occurring  of  the  event  in  respect  of  which  it  was  made. 

Sec.  4.  The  keeping  and  expenses  of  all  prisoners  committed  ibid,  §4,  p.  114. 
to  said  house  of  refuge,  by  order  of  any  court  of  St.  Louis 
county,  shall  be  paid  for  by  the  county,  according  to  the  rates 
fixed  in  the  regulations  adopted  for  said  house  as  hereinafter 
provided. 

Sec.  5.  Any  parent  or  guardian  having  legal  power  to  appren-  ibid,  gs,  p.  114. 
tice  any  male  child  or  ward  under  the  age  of  sixteen  years,  or 
female  child  or  ward  under  the  age  of  fourteen  years,  who  shall, 
in  writing,  by  him  or  her  signed,  represent  to  the  board  of  man- 
agers of  said  house  of  refuge  that  such  child  or  ward  is  a proper 
and  fit  subject  for  admission  into  said  house  of  refuge,  stating 
the  particular  facts  which  constitute  such  fitness,  and  petitioning 
said  managers  to  take  charge  of  such  child  or  ward,  may  be 
examined  in  relation  thereto  by  said  board  of  managers,  who  are 
authorized  to  receive  all  such  children  or  wards  at  their  discretion. 

The  expenses  of  such  child  or  ward  shall  lie,  before  such  recep- 
tion, secured  to  be  paid  by  the  parent  or  guardian,  unless  in  case 
where  the  managers,  for  good  cause,  shall  otherwise  determine  ; 
and  in  all  cases  where  such  payment  is  ordered  to  be  made  by 
such  parent  or  guardian,  it  shall  be  according  to  rates  fixed  in 
general  regulations  hereinafter  provided  for. 

Sec.  G.  In  the  case  of  every  minor  committed  to  or  received  ibia,  ge,  p.  114, 
in  said  house  of  refime,  such  minor  shall,  until  reaching  the  full  March  u,  1869, 

° ® gl,p,  132,  re-cn- 

age  of  twenty' one  years,  be  under  the  entire  control  of  the  man-  ^S^'sgrgS^pTsi 
agers  of  said  house. 

Sec.  T.  The  circuit  court,  the  court  of  common  pleas,  the  n>ia,  § 7,  p.  114. 
land  court,  the  county  court,  and  the  criminal  court  of  St.  Louis 


252 


DIGEST  OF  CHARTERS  AND  LAWS. 


county,  or  the  judges  of  any  of  said  courts,  in  vacation,  shall 
have  exclusive  jurisdiction  of  all  Avrits  of  habeas  corpus  for  the 
discharge  of  any  minor  confined  in  said  house  of  refuge,  and  no 
Other  court  or  magistrate  in  St.  Louis  county  shall  have  jurisdic- 
tion to  issue  or  take  cognizance  of  any  such  writ,  or  any  pro- 
ceeding thereunder  tending  to  such  discharge,  except  in  the  case 
of  there  being  in  St.  Louis  county  no  such  court  or  magistrate 
as  those  above  mentioned,  to  Avhom  exclusive  jurisdiction  is 
confided,  able  to  issue  or  hear  such  Avrit  at  the  time  it  is  sought 
for ; and  in  every  case  AAdierein  application  be  made  to  any  court 
or  magistrate,  not  having  such  exclusive  jurisdiction,  for  a Avrit  of 
habeas  corpus  for  the  discharge  of  any  person  alleged  to  be  con- 
fined in  or  at  said  house  of  refuge,  or  by  virtue  of  the  order  of 
the  managers  thereof,  every  fact  necessary  to  give  jurisdiction  to 
such  court  or  magistrate  shall  be  distinctly  shoAvn  in  the  appli- 
cation and  verified  by  affidavit  of  the  applicant,  or  his  or  her 
agents. 


Ibid,  §8,  p.  114,  Sec.  8.  All  males  under  sixteen  and  all  females  under  four- 
MSu,i8k§  teen  years  of  age,  in  St.  Louis  county,  charged  Avith  any  crime 
acted  act  March  01’  misdemeaiior,  or  punishable  by  imprisonment,  shall  be  entitled 

23,  1863,  § 1,  p.  1 1 1 . . . 1 . 1 1-1 

154.  to  and  shall  have  a private  examination  and  trial,  to  which 

only  the  parties  to  the  case  shall  be  admitted,  unless  the  parent 
or  guardian  of  such  minors  demand  a public  trial. 

Ibid,  §9,  p.  114,  Sec.  9.  The  said  house  of  refuge,  its  officers  and  inmates, 
act  xMarch  14,  sliall  bc  uiidei’  the  control  of  the  board  of  managers,  hereinbefore 
' mentioned,  aaLo  shall  consist  of  nine' members,  AAdiereof  one  shall 
be  the  mayor  for  the  time  being  of  the  city  of  St.  Louis  ; two 
shall  be  appointed  by  the  county  court  of  St.  Louis  county ; four 
shall  be  members  of  the  city  [common]  council  for  the  time 
being,  to  be  chosen  by  the  said  board  of  common  council  ; and 
tAvo  shall  be  appointed  by  the  mayor  of  the  city  of  St.  Louis 
from  the  citizens  at  large,  and  approved  by  the  board  of  common 
council.  They  shall  hold  their  office  for  a period  of  one  year, 
and  a majority  of  said  board  of  managers  shall  be  a quorum  for 
the  transaction  of  any  business,  or  the  exercise  of  any  poAver 
herein  conferred  upon  said  board ; said  board  shall  choose  a 
chairman,  and  shall  have  at  least  one  stated  meeting  in  each 
month. 

Ibid,  §10,  p.  111.  Sec.  10.  Said  board  of  managers  of  said  house  of  refuge 


DIGEST  OF  CHARTERS  AND  LAWS. 


shall  have  power  and  authority : First,  to  make  all  needful  con- 
tracts for  said  house  of  refuge  ; sccoiid,  to  make,  establish,  alter, 
and  enforce  all  needful  regulations  for  the  government  and 
control  of  said  house  of  refuge,  its  officers  and  inmates  ; thirds 
to  issue  a writ,  directed  to  any  sheriff,  marshal,  or  constable  of  the 
State  of  Missouri  or  any  municipality  or  county  thereof,  for  the 
recapture  of  any  fugitive  from  said  house  of  refuge ; such  writ 
shall  be  in  the  name  of  the  State  of  Missouri,  may  be  signed  by 
any  two  of  said  board  of  managers,  and  shall,  thereupon,  be  of 
legal  and  valid  force;  fourth^  to  make  all  needful  by-laws  for 
the  government  of  said  house  of  refuge;  fifths  to  employ  and 
appoint  such  officers  as  may  be  needful,  and  fix  their  salaries ; 
provided^  that  no  member  of  said  board  shall  at  any  time 
receive,  directly  or  indirectly,  any  compensation  for  any  services 
by  him  rendered  to  said  institution;  sixths  to  apprentice  any 
inmate  of  said  house  of  refuge  until  the  time  when  such  inmate 
shall  reach  the  age  of  twenty-one  years,  if  a male,  and  eighteen 
years,  if  a female  ; seventh^  to  discharge  any  inmate  of  said 
house  of  refuge. 

Sec.  11.  All  debts  contracted  by  said  house  of  refuge  shall  ])e  ibia.  §ii,p.  iis 
discharged  by  the  city  of  St.  Louis  ; and  the  city  of  St.  Louis 
shall  have  power  to  sue  for  and  recover  any  debt  due,  or  damages 
accruing  to,  said  house  of  refuge. 

Sec.  12.  Said  board  shall  keep  a record  of  their  proceedings,  ibid,  §12,  p.  115. 
and  shall  report,  on  the  first  Monday  of  May  in  each  year,  to  the 
city  council  of  the  city  of  St.  Louis,  the  fiscal  affairs,  manage- 
ment, and  condition  of  the  said  house  of  refuge. 

Sec.  13.  The  mayor  and  city  council  of  St.  Louis,  the  judge  ibid,§i3, p.  116. 
of  the  county  court  of  St.  Louis  county,  or  the  grand  jury  of  the 
county  of  St.  Louis,  may  at  any  time  visit  and  inspect  the  said 
house  of  refuge,  and  examine  the  records  and  books  of  account 
of  said  board. 

Sec.  14.  Every  child  found  in  said  city  in  a state  of  want,  or  ibid,  §14,  p.  116, 

as  amended  by 
act  March  14, 

, . . 1 . n §3’  P-  ^28. 

parents,  or  persons  having  its  charge  ; or  soliciting  charity  from 

door  to  door,  or  in  any  street,  or  highway,  or  public  place  ; and 

every  child  of  any  person  in  said  city  convicted  of  being  a common 

prostitute,  or  keeper  of  a bawdy  house,  or  house  of  resort  for 

prostitutes,  or  of  assignation,  and  every  child  found  in  such 


abandoned,  or  improperly  exposed,  or  grossly  neglected  by  its 


254 


DIGEST  OF  CHARTERS  AND  LAWS. 


Act  March  23, 
lb63,  § 2,  p 154. 


Ibid,  § 3,  p.  155, 


Act  Feb  20,1865, 
§ 1,  p.  173. 


Ibid,  § 2,  p.  173. 


houses,  may  be  committed  to  said  house  of  refuge  by  the  mayor 
or  by  the  recorder  of  said  city,  or  by  any  two  members  of  the 
common  council,  or  by  any  two  justices  of  the  peace  of  said  city, 
upon  complaint  and  competent  proof  of  the  facts  charged ; and, 
when  so  committed,  shall  be  kept  and  be  under  the  control 
6f  the  managers  of  said  house,  as  provided  in  section  sixth  of 
this  act. 

Sec.  15.  The  city  of  St.  Louis  shall  have  no  power,  without 
authority  given  by  general  assembly,  to  sell,  encumber,  lease,  or 
convey,  the  north  half  of  block  No.  80  of  the  common  of  St. 
Louis,  according  to  the  survey  and  plat  thereof  made  by  Charles 
DeWard,  being  the  same  property  on  which  said  house  of  refuge 
stands  ; but  the  same  shall  be  and  remain  dedicated  to  the  use 
of  said  house  of  refuge  forever,  unless  the  said  general  assembly 
shall,  by  law,  otherwise  direct. 

Sec.  16.  The  county  court  of  St.  Louis  county  is  hereby 
authorized  to  appropriate,  from  the  county  treasury  of  the  said 
county,  each  year,  the  sum  of  three  thousand  dollars,  or  more,  in 
their  discretion,  to  aid  in  the  support  of  said  house  of  refuge ; the 
same  to  be  paid  to  the  treasurer  of  said  house  of  refuge,  or  such 
other  person  as  may  be  authorized  by  the  board  of  managers  to 
receipt  for  the  same,  and  to  be  paid  in  regular  quarterly  payments. 

Sec.  17.  The  city  of  St.  Louis  and  the  county  of  St.  Louis, 
by  their  several  corporations,  the  common  council  of  the  city  of 
St.  Louis,  and  the  county  court  of  the  county  of  St.  Louis,  are 
hereby  authorized  to  issue,  each,  its  several  bonds  of  and  for  the 
sum  of  fifty  thousand  dollars,  in  sums  of  one  thousand  dollars 
each  bond,  coupons  attached,  with  interest  at  the  rate  of  six  per 
centum  per  annum,  payable  annually  in  the  city  of  New  York, 
such  bonds  to  be  due  and  payable  ten  years  after  date ; the  pro- 
ceeds of  such  bonds  to  be  applicable  solely  to  the  rebuilding  and 
furnishing  of  the  house  of  refuge,  in  the  county  of  St.  Louis, 
lately  destroyed. 

Sec.  18.  The  common  council  of  the  city  of  St.  Louis,  and 
the  county  court  of  the  county  of  St.  Louis,  are,  each  of  them, 
hereby  authorized  to  control  and  manage  the  proceeds  of  these 
bonds,  and  to  provide  such  agencies  for  the  carrying  out  of  the 
ol)jects  of  the  issue  of  the  bonds  as,  in  their  judgment  iind  joint 
action,  shall  be  most  effectual  for  the  purpose;  it  being  the  intent 


DIGEST  OF  CHARTERS  A^^I)  LAWS. 


255 


aiul  purpose  of  this  act  to  authorize  each  of  these  corporations  to 
provide  all  details  in  connection  with  the  form,  issue,  and  negotia- 
tion of  the  bonds,  by  their  court  and  council,  as  to  them  may  seem 
fit,  ill  accordance  with  the  provisions  of  this  act. 


CHAPTER  XYH. 

Of  the  Prevention  of  Riots  and  Breaches  of  the  Peace. 


Affray,  offense  of  described ^ 1 

penalty  for 1 

Bar-rooms.,  mayor  may  close, 

when 17 

City,  liable  for  damages  from  riot  13 
may  recover  from  trespassers..  13 
wlien  not  liable  for  damages...  14 
Common  council,  duty  of  mem- 
bers of  to  disperse  riots 5 

power  of  to  punish  minors 18 

Conservators  o f peace.,  duty  of  to 

disperse  riots 5 

penalty  for  refusing  to  assist...  (I 

penalty  for  disobeying 7 

penalty  against,  for  i-efusing 

to  act 8 

Coroner.,  duty  of  to  disperse 

riots 5,  G,  7,  8,  9 

Damages.,  who  liable  for,  from 

riots,  etc 12,  13 

claim  for  certain,  not  assign- 
able  15 

Drinking-shops,  mayor  may  cause 

to  be  closed 17 

Intoxicating  liquors,  mayor  may 

close  place  of  sale  of. i.  17 

may  prohibit  sale  of. 17 

penalty  for  selling  in  violation 

of  proclamation 17 

Justices  of  the  peace,  duty  of  to 

disperse  riots 5,  9 

penalty  for  ndusing  to  assist...  G 


penalty  for  disol)eyiug 

penalty  against  for  refusing  to 
act 


8 

Marshal,  duty  of  to  disperse  riots  5,  9 
penalty  for  refusing  to  assist...  G 

penalty  for  disobeying 7 

penalty  against,  for  refusing 
to  act 8 


Mayor,  duty  of  to  disperse  riots  §5,9 
penalty  for  refusing  to  assist  G 

penalty  for  disobeying 7 

penalty  against  for  refusing  to 

act 8 

power  of  to  command  minors 

to  remain  in  doors 16 

power  of  to  close  drinking- 

shops,  etc 17 

penalty  for  violating  proclam- 
ation of 17 

Minors,  mayor  may  command  to 

remain  in  doors IG 

penal tj’’  against 16,  18 

Posse  comitatus,  how  and  when 

raised 5 — 11 

Riot,  offense  of  described 3 

penalty  for 3 

parties  guilty  of,  liable  for 

liiglier  crime 3 

who  mav  be  punished  for 

.‘. 4,  G,  7,  11 

duty  of  certain  ofiicers  to  dis- 
perse   5,  9 

wlio  liable  for  damages  from,  12,  13 
Sheriff,  duty  of  to  disperse 

riots ! 5—9 

p(‘nalty  for  refusing  to  assist...  G 

l)enalty  for  disobeying 7 

penalty  against  for  refusing  to 

act 8 

Taxes,  parties  delinquent  in  not 

entitled  to  damages 14 

Unlawful  assemblage,  offense  of 

described 2 

penalty  for 2 

who  may  be  punished  for 

4,  G,  7,  11 

duty  of  certain  otlieers  to  dis- 

l)erso 5,  9 

who  liable  for  damages  from  12,  13 


Section  1.  It*  two  or  more  persons  sliall,  voluntarily  or  by 
agreement,  engage  in  any  fight,  or  use  any  blows  of  violence 
toward  each  other,  in  an  angry  or  (piarrelsome  manner,  or  do  each 
other  any  willful  mischief,  or  if  any  person  assault  another,  and 
strike  him,  in  any  public  place,  to  the  terror  or  disturbance* of 


Act  Marcli  5, 
1865,  § 1,  p,  110, 


DIGEST  OF  CHARTERS  AND  LAWS. 


!5G 


others,  the  person  or  persons  so  offending  shall  be  deemed  guilty 
of  an  affray  ; and,  on  conviction,  shall  be  punished  by  being  impris- 
oned in  the  county  jail  for  a term  not  exceeding  three  months, 
or  by  fine  not  exceeding  one  hundred  dollars,  or  by  both  such  fine 
and  imprisonment. 

Ibid,  §2,  p.  110,  Sec.  2.  If  three  or  more  persons  shall  assemble  together  with 
the  intent,  or,  being  assembled,  shall  agree  mutually  to  assist  one 
another,  to  do  any  unlawful  act,  with  force  or  violation,  against 
the  person  or  property  of  another,  or  against  the  peace,  or  to  the 
terror  of  the  people,  such  persons  so  assembling,  and  each  of 
them,  shall  be  deemed  guilty  of  an  unlawful  assembly;  and,  on 
conviction  thereof,  shall  be  punished  by  imprisonment  in  the 
county  jail  for  a term  not  exceeding  six  months,  or  by  fine 
not  exceeding  five  hundred  dollars,  or  by  both  such  fine  and 
imprisonment. 

Ibid,  §3,  p.  110  Sec.  3.  If  three  or  more  persons,  being  assembled  as  men- 
tioned in  the  second  section  of  this  act,  shall  proceed  to  carry 
out  or  accomplish  their  purpose,  or  do  any  unlawful  act  in  further- 
ance, or  supposed  furtherance,  of  said  purpose,  in  a violent, 
unlawful  or  tumultuous  manner,  to  the  terror  or  disturbance  of 
peaceful  citizens,  every  person  so  offending,  or  who  shall  aid  or 
assist  in  doing  any  such  unlawful  act,  shall  be  deemed  guilty  of  a 
riot ; and,  being  convicted  thereof,  shall  be  punished  by  imprison- 
ment in  the  penitentiary  of  tlie  State  of  Missouri  for  a period 
not  exceeding  five  years,  or  by  a fine  not  exceeding  two  thousand 
dollars,  or  by  both  such  fine  and  imprisonment:  Provided^  That 
nothing  in  this  section  contained  shall  be  construed  to  exempt  <any 
person  offending  against  its  provisions  from  any  higher  or  heavier 
punishment  annexed  by  law  to  any  felony  which  may  be  com- 
mitted by  such  rioter. 

Ibid,  §4,  p.  111.  Sec.  4.  Any  individual  engaged  in  such  riot  may  be  indicted 
and  punished  singly. 

Ibid,  §6,  p.  in.  Sec.  5.  If  tAvelve  or  more  persons,  armed  with  clubs,  stones, 
or  other  dangerous  weapons,  or  if  any  number  of  armed  or 
unarmed  persons,  exceeding  twenty,  shall  unlawfully,  riotously, 
or  tumultuously  assemble  in  the  city  of  St.  Louis,  it  shall  be  the 
duty  of  the  mayor  and  each  member  of  the  board  of  common 
council,  and  of  the  sheriff,  coroner,  and  marshal,  and  their 
respective  deputies,  of  the  county,  and  of  each  justice  of  the  peace. 


DIGEST  OF  CHARTERS  AND  LAWS. 


257 


including  every  person  wlio  is,  by  virtue  of  bis  office,  a conserv- 
ator of  the  peace  of  the  State,  to  go  among  such  persons  so 
assembled,  or  as  near  to  them  as  may  be  consistent  with  safety, 
and  to  command  all  such  persons  so  assembled  to  disperse  imme- 
diately and  repair  to  their  respective  places  of  business  or  abode ; 
and,  if  such  command  be  not  forthwith  obeyed,  to  proceed  to 
arrest  all  persons  so  refusing  or  failing  to  obey  such  command ; 
and  to  command  all  bystanders  or  spectators  to  aid  and  assist  in 
making  such  arrests. 

Sec.  6.  Every  person  so  commanded  to  assist  in  making  such  ibid,  §6,  p.  iii, 
arrests,  and  failing  or  refusingAo  assist  as  required,  and  every 
person  who  shall  fail  to  disperse  forthwith,  on  being  commanded 
as  aforesaid,  shall  be  deemed  to  be  one  of  such  unlawful  assem- 
bly ; and,  on  conviction  thereof,  shall  be  punished  by  fine  not 
exceeding  five  hundred  dollars,  or  imprisonment  for  a term  not 
exceeding  one  year,  or  by  both  such  fine  and  imprisonment. 

Sec.  7.  Should  the  persons  so  assembled,  as  described  in  the  ibid,  §7,  p.  in. 
fifth  section,  make  a noise  and  clamor,  so  that  the  voices  of  the 
officers  commanding  them  to  disperse  cannot  be  heard  or  dis- 
tinguished, all  persons  so  clamoring,  and  all  persons  standing 
with,  by,  or  among  such  persons,  shall  be  deemed  to  have  full 
notice  of  the  command  to  disperse,  and  shall,  on  failure  to  do 
so  forthwith,  be  punishable  as  for  a willful  refusal  to  obey  such 
command. 

Sec.  8.  Any  magistrate  or  officer  mentioned  in  section  five  of  ibid,  §8,  p.  m. 
this  act  who  shall  be  informed  or  have  notice  of  such  riotous 
assemblies,  and  who  shall  refuse  or  neglect  to  perform  his  duties 
imposed  on  him  by  said  fifth  section  in  that  behalf,  shall  be,  on 
conviction,  adjudged  guilty  of  a misdemeanor  in  office,  and  pun- 
ished by  a fine  not  exceeding  five  hundred  dollars. 

Sec.  9.  If  the  persons  assembled  as  indicated  in  the  fifth  ibid,  §9,  p.  m. 
section  of  this  act  shall  fail  to  disperse  without  unnecessary 
delay,  the  following  magistrates  shall  each,  in  the  order  in  which 
they  are  hereinafter  named,  have  power  and  authority  to  require 
the  aid  of  a sufficient  number  of  persons,  in  arms  or  otherwise, 
and  to  proceed,  as  they  may  deem  expedient,  to  repress  and  dis- 
perse such  riotous  assemblage,  and  arrest  offenders  ; that  is  to 
say,  the  duty  of  requiring  the  aid  of  such  force  and  directing  its 
employment  shall  devolve,  in  the  first  instance,  on  the  mayor  of 
17 


258 


DIGEST  OF  CHARTERS  AND  LAWS. 


Ibid.  §10,  p.  111. 


Ibid,  §11,  p.  112. 


iDid,  § 12,  p.  112. 


Ibid,  §13  and  14, 
p.  112,  as  amend- 
ed by  act  Dec. 
5,  1865  § 1,  p. 
119, 


the  city ; and  if  he  be  not  present  or  not  able  to  act,  then  the 
judge  of  any  court  of  record,  the  sheriff,  the  marshal,  the  coro- 
ner, or  any  two  justices  of  the  peace.  In  case  of  the  absence 
of  any  of  the  officers  mentioned  in  this  section,  the  officer  named 
after  him  herein  shall  have  all  the  power  and  authority  which 
such  absentee  would  have  had  if  present. 

Sec.  10.  Such  force,  armed  or  unarmed,  summoned  as  pro- 
vided in  the  preceding  section,  and  all  persons  co-operating  with 
them,  shall  obey  such  orders  for  the  suppression  of  such  riot 
as  they  may  receive  from  the  magistrate,  or  any  of  them,  to 
whom  authority  to  require  their  aid  is  given  by  the  ninth  section 
of  this  act. 

Sec.  11.  If,  by  reason  of  the  efforts  made  by  any  of  such 
magistrates  and  officers,  or  persons  co-operating  with  them,  to 
suppress  such  riotous  assembly  or  arrest  those  engaged  in  the 
same,  any  person  so  engaged  in  such  riotous  assembly,  or  giving 
aid  or  countenance  thereto,  or  who  may  have  refused  to  disperse, 
although  the  number  of  such  persons  may  be  reduced  to  less  than 
twelve,  or  any  person  or  persons  present  as  spectators  or  other- 
wise, be  killed,  wounded,  or  otherwise  hurt,  such  magistrate  and 
officers,  and  all  persons  acting  with  them  by  order  of  such 
magistrates  or  officers,  as  defined  in  said  ninth  section,  shall  be 
held  guiltless  and  justified  in  law ; but  if  any  such  magistrate, 
officer,  or  person  acting  under  their  orders  or  directions,  or 
co-operating  with  them,  be  killed  or  wounded  by  reason  of 
resistance  to  such  efforts  to  disperse  and  repress  such  riotous 
assemblage,  all  persons  so  notoriously  assembled,  and  not  dis- 
persing after  command,  and  all  persons  standing  by  and  not 
aiding  to  disperse  and  repress  such  riotous  assemblage,  shall  be 
answerable  therefor  as  for  willful  and  deliberate  felony  or  mis- 
demeanor, according  as  the  injury  committed  be  homicide,  may- 
hem, or  any  less  injury. 

Sec.  12.  All  persons  forming  part  of  an  unlawful  and  riotous 
assemblage  shall  be  liable  to  any  person  damaged  in  person 
or  property  by  the  acts  of  such  unlawful  assemblage. 

Sec.  13.  The  city  in  which  such  trespass  may  be  committed 
shall  be  liable  to  pay  the  person  whose  property  shall  be  injured 
or  destroyed  thereby,  three-fourths  of  the  value  thereof*  or  the 
damage  thereto.  The  city  paying  such  damages  to  the  jiarty 


DIGEST  OF  CHARTERS  AND  LAWS. 


259 


injured  by  sucli  riotous  assemblage  may  recover  the  same,  with 
ten  per  centum  added  thereto,  besides  interest  and  costs,  of  any 
person  or  persons  engaged  as  a participant  in  such  riotous  assem- 
blage, by  action  of  debt  or  civil  suit  analagous  thereto,  at  any 
time  thereafter. 

Sec.  14.  The  city  shall  not  be  made  liable,  under  the  provisions 
of  the  thirteenth  section  of  this  act,  for  the  damages  or  destruction 
of  property  of  the  following  description  : Firsts  property  contained 
in  any  building  or  place,  the  occupant  of  which  is  carrying  on 
business  there,  or  engaged  in  a calling  or  avocation,  in  violation 
of  any  law  of  the  State  of  Missouri  or  the  United  States,  or  ordi- 
nance of  the  city ; second,  all  property,  of  whatever  description, 
belonging  to  a person  who  may  have  been  in  any  way  contributary 
to,  or  instrumental  in,  bringing  on  such  riotous  assemblage  ; third, 
nor  shall  the  city  of  St.  Louis  be  liable  to  any  action  for  the 
destruction  of  any  property  by  a mob,  in  favor  of  any  person  who, 
at  the  time  of  such  destruction,  is  delinquent  in  the  payment  of 
any  taxes  due  the  said  city. 

Sec.  15.  No  person  having  such  a demand  or  claim  against 
the  city  as  is  mentioned  and  provided  for  in  section  thirteen  shall 
be  allowed  to  assign  or  transfer  the  same  at  any  time  before  the 
return  day  of  the  execution,  issued  upon  a judgment  obtained 
therefor ; and  any  attempt  to  assign  or  transfer  the  same,  or 
any  part  thereof,  shall  be  and  shall  operate  a satisfaction  and 
discharge  of  such  demand  or  claim,  so  far  as  any  recourse  against 
the  city,  under  section  thirteen  of  this  act,  is  concerned ; but  not 
as  against  any  person  composing  the  riotous  assemblage  com- 
mitting the  trespass. 

Sec.  16.  The  mayor,  being  apprehensive  of  a riot  or  riotous 
assemblage  within  such  city,  may,  by  proclamation,  require  all 
minors  to  keep  within  doors  for  any  length  of  time  not  exceeding 
three  days,  during  that  period  of  each  astronomical  day  of 
twenty-four  hours  which  intervenes  betAveen  the  end  of  one  hour 
after  sunset  and  the  beginning  of  one  hour  before  sunrise ; and 
all  minors  offending  against  such  proclamation  may  be  fortinvith 
arrested,  and  on  conviction  may  be  imprisoned  in  the  house  of 
refuge  of  such  city,  or  other  safe  place  of  confinement,  to  be 
prescribed  by  ordinance  of  such  city,  for  a period  not  exceeding 
thirty  days. 


Act  March  5, 
1855,  § 15,  P.112, 
as  amended  by 
act  Dec.  6,  1855, 
§ 2,  p 119,  and 
act  May  13, 
’61,  § 14,  p.  146. 


Act  March  6, 
1855,  §16,  p.  112. 


Ibid,  § 17,  p.  112. 


260 


DIGEST  OF  CHARTERS  AND  LAWS. 


Ibid, § 18, p.  113.  Sec.  17.  The  mayor  may,  by  proclamation,  cause  all  drinking 
shops,  bars,  and  other  places  where  intoxicating  liquors  or  drinks 
are  customarily  sold,  given  or  dispensed,  to  be  closed,  for  any 
period  of  time  not  exceeding  thirty-six  hours,  upon  any  election 
for  officers  of  the  city.  State,  county,  or  of  the  United  States ; 
and  may  also,  by  proclamation,  forbid  all  persons  to  sell,  give, 
lend,  barter,  or  otherwise  dispense  or  distribute,  intoxicating 
drinks  or  liquors  during  the  same  period  of  time,  within  the  city, 
or  within  one  mile  of  its  corporate  limits  ; and  any  person  dis- 
obeying such  proclamation,  and  each  and  every  person  aiding, 
obtaining  or  co-operating  with  him,  shall  be  immediately  arrested 
and  proceeded  against  by  indictment ; and,  on  conviction  shall  be 
punished  by  imprisonment  in  the  county  jail  for  a term  not 
exceeding  one  year,  or  by  fine  not  exceeding  five  hundred  dollars, 
or  by  both  such  fine  and  imprisonment, 
lb.  §19,  p.  113.  Sec.  18.  The  common  council  may,  by  ordinance,  direct  the 
mode  of  proceeding  against  minors  for  a violation  of  section 
sixteen  of  this  act,  and  may  vary  the  punishment,  so  that  they 
do  not  affix  to  the  simple  offense  of  disobeying  said  sixteenth 
V section  a greater  punishment  than  a fine  not  exceeding  one  hun- 
dred dollars,  or  an  imprisonment  in  the  house  of  refuge  not 
exceeding  six  weeks,  or  by  both  such  fine  and  imprisonment. 


CHAPTER  XYHI. 
Of  Street  Railroads. 


Belief ontaine  railway  comyiany in- 
corporated   \ 21 

Bremen  and  cemetery  railroad  eom- 

payiy.,  incorporated 21 

Citizens''  railway  company,  con- 

iirmed 8 

prohibited  from  conveying 

freiglit 8 

reports  of,  how  made 8 

not  to  consti-uct  double  track 

on  certain  streets 18 

Common  council.^  powers  of  over 
street  railroads 1,  2,  10 


prohibited  from  raising  fare...  7 
prohibited  tVom  dividing  roads  7 
proliibited  from  reducing  fare  10 
Compton  hill  railroad  comj)any^ 

conlirmed 14 

Fairgrounds^  certain  roads  may 
be  built  to 13 


Gravois  road  railroad  compa7iy., 

confirmed | 15 

may  use  certain  streets 15,  IG 

not  required  to  build  branch  on 

Arsenal  street 15 

to  carry  no  freight  at  certain 

hours 16 

Lindell  railway  company,  incor- 
porated   21 

Missoini  railroad  co^npany con- 
tinued   8 

to  carry  no  freight 8 

reports  of,  bow  made 8 

may  build  branch  road  to  fair 

grounds  13 

may  extend  road  to  king’s 

highway 13 

may  lay  track  on  certain 

streets It),  20 

to  relinquish  certain  rights 21 


DIGEST  OF  CHARTERS  AND  LAWS. 


201 


Missouri  railroad  courpany^  to 
take  lip  certain  switches \ 21 


People's  railway  company^  coii- 

lirmed 8 

to  cany  no  freight 8 

reports"  of,  liow  made 8 

may  extend  road  to  certain 

jioint 13 

School  fiind^  proceeds  of  certain 

sales  to  go  to 5 

Seventeenth  street  branch  railway^ 
authorized  as  independent 

company 21 

Street  railroad  companies^  certain 

costs  to  be  paid  to G 

may  surrender  franchises 3 

mayor  may  sell  franchises  of  4 
proceeds  of  sale,  how  applied  5 
not  liable  for  certain  injuries...  17 
Street  railroads,  powers  of  com- 


mon council  over 1,  2,  10 

provisions  for  sale  of 4,  5,  6 


Street  railroads,  common  council 

not  to  incri'ase  fare  of. ^ 7 

common  council  not  to  divide  7 

guage  of  lixed 8 

certain  streets  exempt  tVom...O,  10 

on  what  streets  to  be  laid 10 

may  construct  certain  tracks 

and  switches 9 

when  to  construct  double 

tracks 11 

St.  Louis  railroad  company,  con- 

tirmed 8 

to  carry  no  freight 8 

reports  of,  how  made 8 

may  extend  their  road 12 

may  build  branch  road  to  fair 

grounds  : 13 

Tower  Grove  and  Lafayette  rail- 
road company,  incorporated  21 

route  of  amended 21 

Union  railway  company,  author- 
ized  21 


Section  1.  The  city  [common]  council  of  the  city  of  St.  Act  reb.  is, 
Louis  shall  have  full  power,  with  the  approval  of  the  mayor,  to  ^ 
determine  all  questions  arising  -with  reference  to  street  railroads 
in  the  corporate  limits  of  said  city,  whether  such  questions  may 
involve  the  incorporation  of  companies  to  construct  such  street 
railroads,  granting  the  right  of  way,  or  regulating  and  con- 
trolling any  such  railroads  after  their  completion. 

Sec.  2.  The  city  [common]  council  of  said  city,  with  the  §2,  p.  lei. 
approval  of  the  mayor,  shall  have  full  power  to  sell  the  right  of 
way  for  such  street  railroads  to  the  highest  bidder,  having  given 
at  [least]  one  month’s  notice  thereofc'  in  the  newspapers  pub- 
lished in  said  city ; the  proceeds  of  sucli  sale  or  sales  to  be 
applied  to  the  benefit  of  the  common  schools  within  the  limits  of 
said  city.  Further  power  is  hereby  given  to  tax  the  stock  or 
other  property  of  street  railroad  companies,  in  all  cases  not  con- 
travening existing  law's. 

Sec.  3.  Any  street  railroad  company  in  the  city  of  St.  Louis,  Act  reb.  le, 
feeling  its  inability  or  indisposition,  from  pecuniary  loss, 
carry  forward  the  business  at  present  rates  of  fare,  may  notify 
the  mayor  of  said  city  of  such  indisposition,  and  surrender 
thereby  all  their  chartered  rights  and  franchises  wuthin  three 
months  from  the  passage  of  this  act. 

Sec.  4.  The  mayor  may  immediately  proceed  to  dispose  of  ibiu,  §2,  p.  lua. 
said  franchises  by  public  sale,  after  proper  notice,  by  publication. 


262 


DIGEST  OF  CHARTERS  AND  LAWS. 


Ibid,  §3,  p.  169. 

Ibil,  §4,  p.  169. 


Ibid,  §5,  p.  169. 


Act  .Jan.  16,1860, 
§ 1,  p.  134. 


Ibid,  §2,  p.  134, 
amended  and 
affected  by  act 
March  27,  1861,  § 
3,  p.  146;  also, 
act  Jan.  21,  1863, 
§§  1,  2 and  3,  p. 
149,  and  the  sev- 
eral acts  incor- 
porating rail- 
road companies 
subsequently, 
which  see. 


of  time  and  place  of  said  sale,  and  shall  sell  the  same  to  the 
highest  bidder. 

Sec.  5 The  proceeds  of  the  sale  of  said  franchises  shall  be 
applied  to  the  public  school  fund  of  said  city. 

Sec.  6.  The  purchaser  shall  pay  the  late  company,  for  the 
railroad  and  track,  the  first  cost  of  said  bed  and  track  ; and 
for  the  rolling  stock  and  stables,  such  sum  as  may  be  ap- 
praised by  disinterested  appraisers,  selected  by  both  parties  for 
that  purpose. 

Sec.  7.  The  city  [common]  council  of  St.  Louis  shall  have 
no  power  to  increase  the  rates  of  fare  on  said  roads,  nor  shall 
they  have  the  right  to  divide  or  separate  the  lines  of  said  roads  in 
such  manner  as  will  increase  the  fare. 

Sec.  8 The  St.  Louis  railroad  company,  the  Missouri  railroad 
company,  the  People’s  railway  company,  and  the  Citizens’  rail- 
way company,  as  heretofore  organized  under  the  Act  to  author- 
ize the  formation  of  railroad  associations,  and  to  regulate  the 
same,  ” approved  December  13,  1855,  are  hereby  ratified  and 
confirmed  in  their  respective  rights  under  said  law  ; and  the  roads 
now  built  or  commenced,  and  the  guage  of  track  established  by 
said  companies,  are  sanctioned,  and  said  guage  of  four  feet  ten 
inches  is  hereby  recognized  as  the  legal  guage  of  all  other  street 
railroads  that  may  be  built  in  the  city  and  county  of  St.  Louis  ; 
said  companies  shall  conform  to  and  be  governed  by  said  law 
concerning  railroad  associations,  except  as  follows  : Firsts  said 
companies  shall  not  be  required  to  carry  freight ; second^  the 
report  made  to  the  city  comptroller  shall  be  in  lieu  of  the  annual 
report  required  to  be  made  to  the  secretary  of  State  by  the  laws 
under  which  said  companies  organized. 

Sec.  9.  The  rights  confirmed  to  said  companies  shall  not 
extend  to  or  authorize  the  building  by  them  of  any  road  or  roads 
on  Clark  avenue,  Chesnut  street.  Pine  street.  Locust  street,  or 
Washington  avenue,  which  streets  are  hereby  reserved  from  such 
use,  and  all  railroad  tracks  are  forever  prohibited  on  the  streets 
named  in  this  section ; and,  in  lieu  of  the  track  on  Pine  street, 
the  Missouri  railroad  company  may  run  the  cars  of  their. road,  on 
Eleventh  and  Benton  streets,  over  tlie  Olive-street  road;  and  the 
Citizens’  railway  company  may  run  the  cars  of  their  roads,  here- 
tofore authorized  by  the  council,  in  connection  with  Wasliiugton 


DIGEST  OF  CHARTERS  AND  LAWS. 


2G3 


avenue,  over  their  Morgan-street  road  ; and  said  companies  may 
each  construct  two  additional  switches,  and  a side  track  not 
exceeding  one  liundred  and  seventy  feet  in  length,  to  enable  the 
cars  to  so  run  on  Olive  and  Morgan  streets  ; the  switches  on 
Morgan  street  may  be  east  of  the  double  track  contemplated 
to  be  built. 

Sec.  10.  No  street  railroad  shall  hereafter  be  constructed  in  ibki,  §3,  p.  134. 
the  city  of  St.  Louis  nearer  to  a parallel  road  than  the  third 
parallel  street  from  any  road  now  constructed,  or  which  may 
hereafter  be  constructed,  except  the  roads  hereinbefore  men- 
tioned ; and,  in  consideration  of  the  privileges  herein  granted, 
the  city  of  St.  Louis  is  hereby  expressly  empowered  to  impose 
and  levy  such  tax  and  license  upon  said  roads  now  constructed, 
or  that  may  hereafter  be  constructed,  as  the  common  council  of 
said  city  may  determine  to  be  just  .and  proper ; and  the  said  city 
may  make  such  municipal  regulations  concerning  said  street  rail- 
roads as  the  public  interest  and  convenience  may  require,  except 
to  reduce  the  rate  of  fare  charged  by  said  companies  as  now  fixed 
by  ordinance  of  the  city  of  St.  Louis. 

Sec.  11.  Any  company  now  using  a single-track  road,  with  ibid,  §4,  p.  134, 
turn-outs,  upon  any  street  or  part  of  street,  may  change  the  same 
to  a double  track  at  any  time : Provided^  They  shall  first  obtain 
the  consent,  in  writing,  of  the  owners  of  a majority  in  interest  of 
the  property  fronting  on  the  street  or  part  of  street  desired  to  be 
so  changed.  But  this  provision  shall  not  apply  to  that  part  of 
Olive  street  between  Fourth  and  Twelfth  streets,  unless  the 
majority  in  interest  of  that  part  of  the  street  give  their  written 
consent  that  a double  track  may  be  constructed  on  said  part  of 
Olive  street. 

Sec.  12.  The  St.  Louis  railroad  company  may  extend  their  ibid,  §5.  p.  iss. 
road  north  from  Salisbury  street,  along  Broadway  and  Belle- 
fontaine  road,  to  the  city  limits  ; and  may  further  extend  the  same 
to  the  Bellefontaine  cemetery  and  the  Calvary  cemetery ; and 
south  from  Gate  street,  along  the  Carondelet  road,  to  the  city 
limits  ; and  may  further  extend  said  road,  through  the  St.  Louis 
commons,  to  or  through  the  city  of  Carondelet : Provided^ 

That  before  such  extension  is  made  through  any  road  or  avenue 
outside  the  city,  the  consent  of  the  board  of  county  commis- 
sioners shall  be  obtained,  and  the  consent  of  the  city  council  of 


264 


DIGEST  OF  CHARTERS  AND  LAWS. 


lliid,  §6,  1).  136. 


Act  Feb,  16, 
1864,  § 1,  p.  167. 
Act  Jan.  16,  ’60, 
§ 6,  p.  135. 


Act  January  16, 
1860,  § 7,  p.  136. 


Act  March  27, 
1861,  § 1,  p.  146. 


Carondelet  shall  be  obtained  before  running  through  any  street 
of  that  city. 

Sec.  13.  The  St.  Louis  railroad  company  may  build  a branch 
road  to  the  fair  grounds,  along  Bremen  avenue  and  other  connect- 
ing streets,  or  by  such  other  route  as  they  may  select,  by  the 
consent  of  the  common  council,  after  first  obtaining  the  consent 
of  a majority  in  interest  of  the  property  holders  on  the  route 
selected : and  the  Missouri  railroad  company  may  build  a branch 
road  from  their  terminus  on  Benton  street,  at  Eighteenth  street, 
to  the  fair  grounds,  by  such  route  as  they  may  select ; provided., 
they  first  obtain  the  written  consent  of  the  majority  in  interest 
of  the  property  holders  on  the  route  selected : and  the  People’s 
railway  company  may  extend  their  road  from  St.  Ange  avenue, 
along  Chouteau  avenue,  to  the  point  where  the  Pacific  railroad 
crosses  said  Chouteau  avenue ; provided,  the  same  is  constructed 
before  the  first  day  of  February,  1866  : and  the  Missouri  railroad 
company  may  extend  their  road,  from  the  junction  of  Olive  street 
and  Grand  avenue,  to  the  king’s  highway,  with  the  consent  of  the 
property  owners  where  the  road  runs. 

Sec.  14.  The  privileges  heretofore  granted  by  the  city  of  St. 
Louis  to  Stephen  D.  Barlow,  James  B.  Eads,  F.  L.  Ridgeley,  and 
their  associates,  under  the  name  of  the  “ Compton  Hill  railroad 
company,”  are  hereby  confirmed:  They  shall  organize 

and  commence  their  road  within  six  months  after  Lafayette  avenue 
is  graded,  and  complete  the  same  within  twelve  months  thereafter 
to  Grand  avenue  ; and  said  company  may  extend  their  road  west 
to  Shaw’s  botanical  garden. 

Sec.  15.  The  Gravois  railroad  company,  as  authorized  by  the 
common  council  of  St.  Louis,  may  construct  their  road:  Pro- 
vided, They  shall  commence  the  construction  of  the  same  within 
six  months,  and  finish  the  same  within  two  years,  after  Eighth  and 
Ninth  streets  shall  be  fully  opened,  graded,  and  improved,  as  far 
south  as  Park  avenue  ; and  provided  further,  that  said  com- 
pany may  connect  their  road  from  the  termination  of  Decatur 
street,  eastwardly,  along  Park  avenue  to  Eighth  street ; and  thence 
northwardly,  along  Eighth  street,  to  the  line  authorized  l)y  said 
common  council,  unless  the  said  company  shall  fail  to  make  a 
satisfactory  agreement  with  the  Pacific  railroad  company  as  to  the 
crossing  of  her  track  on  Eighth  street ; then,  in  that  event,  said 


DIGEST  OF  CIIARTEllS  AND  LAWS. 


265 


company  may  turn  tlicir  track  westwardly  from  Eighth  street, 
along  Gratiot  street,  to  Ninth  street ; thence  along  Ninth  to 
Chesnut  street ; and  thence  along  Chesniit  to  Fifth  street ; and 
2)rovided  further^  that  said  company  shall  not  be  required  to 
construct  a branch  on  Arsenal  street,  and  shall  not  be  permitted 
to  lay  their  track  on  Chesnut  street  east  of  the  eastern  line  of 
Fifth  street. 

Sec.  16.  The  privilege  herein  granted  of  constructing  said 
road  on  Chesnut  street,  between  Ninth  and  Fifth  streets,  shall  be 
continued  on  the  consent  of  a majority  of  the  owners  of  real 
estate  on  that  portion  of  the  road ; -and  the  evidence  of  such 
consent,  on  the  part  of  such  owners,  shall  first  be  filed  in  the 
office  of  the  city  register,  and  shall  have  attached  thereto  the  cer- 
tificate of  the  city  engineer  that  the  persons  named  constitute  or 
represent  a majority  of  the  owners  of  real  estate  fronting  on 
Chesnut  street,  between  Ninth  and  Fifth : Provided^  hoivever^ 
That  no  coal  or  other  freight  shall  be  carried  on  said  road  north- 
wardly beyond  the  line  of  Cerre  street,  nor  between  the  hours  of 
sunrise  and  sunset  in  the  daytime. 

Sec.  17.  Said  railroad  companies  shall  not  ])e  liable  for 
injuries  to  persons  occasioned  by  their  getting  on  or  off  the  cars 
at  the  front  or  forward  end  of  the  car. 

Sec.  18.  Nothing  in  this  act  shall  be  construed  as  authorizing 
the  Citizens’  railway  company  to  construct  a double- track  road 
on  Franklin  avenue,  without  tlie  written  consent  of  a majority  in 
interest  fronting  that  portion  of  the  street  where  such  double 
track  may  run. 

Sec.  19.  The  Missouri  railroad  company  are  herel)y  author- 
ized to  lay  a railroad  track  in  the  city  of  St.  Louis,  along  Sixth 
street,  from  Market  to  Cliesnut  street;  thence  westAvardly,  along 
Chesnut  street,  to  Nineteenth  street ; thence  southwardly,  along 
Nineteenth  street,  to  Market  street ; thence  westwardly,  along 
Market  street,  to  Adolph  street ; thence  southwardly,  along  Adolph 
street,  to  Clark  avenue  ; thence  westwardly,  along  Clark  avenue, 
to  Summit  avenue  ; thence  northwardly,  along  Summit  avenue,  to 
Market  street,  or  Manchester  road  ; thence  eastwardly,  along  said 
road,  to  connect  with  the  track  now  laid  along  said  road. 

Sec.  20.  Until  such  time  as  Chesnut  street  shall  be  graded 
and  macadamized  from  Eighteenth  to  Nineteenth  street,  the  said 


Ibid,  §2,  p.  146 


Act  Jan.  16,1860, 
§ 9,  p.  136. 


Ibid,  §10,  p.  134. 


Act  Jan.  21, 
1863,  § 1,  p.  149. 


Ibid,  § 2,  p.  149. 


266 


DIGEST  OF  CHARTERS  AND  LAWS. 


Ibid,  § 3,  p.  149. 


Act  Jan.  26,1864, 

p.  166. 


Act  Feb.  8,  1864, 
p.  169. 


Act  Nov.  23, 

1863,  p.  166. 

Act  Feb.  16, 

1864,  p.  166. 


Act  Feb.  16, 
1866,  p.  169. 


Act  Feb.  20, 
1866,  p.  171. 


railroad  company  is  authorized  to  lay  a track  along  Eighteenth 
street,  from  Chesnut  street,  to  connect  with  the  track  now,  or  to 
be,  laid  on  Market  street.  The  track  in  Adolph  street,  Clark 
avenue.  Summit  avenue,  and  Market-street  road,  shall  be  laid 
within  six  months  after  the  same  shall  have  been  graded  and 
macadamized.  The  said  company  is  hereby  authorized  to  lay  a 
track,  connecting  with  tracks  now  laid  on  Market  and  Olive 
streets,  along  any  street  west  of  Eighteenth  street. 

Sec.  21.  The  foregoing  authority  [two  preceding  sections] 
is  granted  to  said  company : Provided^  It  relinquishes  the  right 
to  lay  a double  track  along  Market  street,  granted  by  an  act  of 
the  general  assembly  of  the  State  of  Missouri,  approved  January 
16,  1860  ; and  provided  further^  that  the  said  company  shall 
take  up  the  switches  now  laid  in  Market  street,  so  soon  as  the 
tracks  herein  authorized  to  be  laid  shall  have  been  made  available 
for  use. 

For  charters  of  further  companies,  see  ‘‘An  act  to  establish 
the  Lindell  railway  company 

“An  act  to  incorporate  the  Belief ontaine  railway  company 
of  St.  Louis 

“ An  act  to  consolidate  certain  roads 

“ An  act  incorporating  the  Tower  Grove  and  Lafayette  rail- 
road company  of  St.  Louis 

‘ ‘ An  act  to  amend  an  act  entitled  ‘An  act  incorporating  the 
Tower  Grove  and  Lafayette  railroad  company  of  St.  Louis,’ 
approved  February  15,  1864  and 

“An  act  to  incorporate  the  Bremen  and  Cemetery  railroad 
company.” 

CHAPTER  XIX. 


Of  Bills  of  Mortality. 


Clerk  of  board  of  health.,  inter  - 


ments  to  be  reported  to § 1 

Certificates  of  death.,  what  to 

contain 2,  4 

Interments .,  sexton.s  to  report 1 

Overseers  of  graveyards.,  to  report 

interments 1 

to  permit  no  interment  without 

certificate 2 

penalty  against  for  failing  to 
report 3 


Physicians^  to  certify  death  of 

patients \ 4 

penalty  against  for  failing  to 

certify 4 

Sextons.,  fo  report  weekly, 

interments 1 

to  permit  no  interment  with- 
out certificate  from  a city 

physician 2 

penaity  against  for  failing  to 
report 3 


DIGEST  OF  CHARTERS  AND  LAWS. 


267 


18^3,  § 2,  p.  70. 


Section  1.  All  overseers,  sextons,  or  other  persons,  who  nriay 
have  control  of  public  graveyards  in,  adjoining,  or  within  four 
miles  of,  the  city  of  St.  Louis,  shall  make  a weekly  report  to  the  p- 

clerk  of  the  board  of  health  of  the  city  of  St.  Louis  of  all 
interments  during  the  week  in  the  graveyard  wdicrcof  they  are 
such  overseer  or  sexton,  respectively.  Said  report  shall  specify 
the  names  and  ages  of  the  persons  interred,  and  also  the  diseases 
of  which  said  persons  died,  sex,  color,  and  if  slave  or  free. 

Sec.  2.  If  any  overseer,  sexton,  or  other  person,  having  control  Act  Feb.  26, 
of  a graveyard,  shall  permit  any  person  to  be  interred  in  said 
graveyard  without  a certificate  stating  the  name,  age,  sex,  color, 
and  if  free  or  slave,  together  with  the  disease  of  wdiich  said  person 
died,  which  certificate  shall  be  signed  by  the  physician  who  attended 
said  person,  he  shall  forfeit  and  pay  the  sum  of  five  dollai’S 
for  every  such  neglect,  to  be  recovered  before  any  justice  of  the 
peace,  in  the  name  and  to  the  use  of  the  city  of  St.  Louis,  at  the 
instance  of  the  clerk  of  the  board  of  health  of  St.  Louis, 

Sec.  3.  If  any  overseer,  sexton,  or  other  person,  fail 
neglect  to  make  to  the  clerk  of  the  board  of  health  such  report  let  “noT"i8, 
of  weekly  interments,  he  shall  forfeit  and  pay  five  dollars  for 
every  such  failure,  to  be  recovered  as  above. 

Sec.  4.  For  the  purpose  of  carrying  the  above  into  effect, 
every  physician  who  may  practice  medicine 
suburbs,  shall,  when  a patient  dies  under  his 
the  name,  age,  sex,  color. 


or  Ibid, 

as  amended 


§ 3,  p. 


certificate,  stating 


in  St.  Louis  and 
care,  make  out  a 
and  if  slave 


1843,  § 4,  p.  71 


or 


free,  together  Avith  the  name  of  the  disease  of  Avhich  said  person 
died;  and  if  any  physician,  on  application,  refuse  to  make  out 
such  certificate,  he  shall  forfeit  and  pay  five  dollars  to  the  use  of 
the  city  of  St.  Louis,  to  be  recovered  before  any  justice  of  the 
peace  of  St.  Louis  county,  at  the  instance  of  the  clerk  of  the 
board  of  health. 


CHARTER  XX. 
Of  Public  Parka. 


Assessor,  dutios  of  concerning 

Jjafayette  park  tax I 24 

Board  of  improvement  of  Lafay- 
ette park,  how  composed.....  20 

duties  and  powers  of 21 , 27,  28 

Board  of  park  commissioners, 

created 3 


Board  of  park  commissioners , g’('n- 

eral  duties  of. ^ 3 

wlio  to  be  nunnhers  ot 4 

common  council  to  elect 4 

t(M-m  of  ollice  of. 4 

wlum  to  organize 5 

to  accpiire  land  for  park 5 


268 


DIGEST  OF  CHARTERS  AND  LAWS. 


Act  Feb,  16, 
1864,  pp.  162  and 
following. 


Board  of  park  commissioners, 
])rocee(Tiiigs  of  in  acquiring’ 

land I 6—13 

vacancies  in,  how  filled 14 

may  cause  vote  to  be  taken  on 

l)ark 17 

when  to  cease  acting 17 

Bonds  ^ city  may  issue  for  park 

purposes 13 

provisions  to  pay  interest  on...  15 
may  be  issued  for  Lafayette 

park 21 

how  payable 22,  23 

Central  park^  (see  park.) 

City,  to  have  iurisdiction  over 

park 16 

Common  council,  president  of  to 

be  park  commissioner 4 

may  levy  special  tax  for  jiark  15 
to  elect  park  commissioners...  4 
to  fill  vacancies  in  board  of 

commissioners 14 

to  make  appropriations  for  La- 
fayette park 27 

Comjytroller  to  be  one  of  park 

commissioners 4 

to  issue  bonds  for  improve- 
ment of  Lafa.yette  park 21 

Engineer,  city,  member  of  board 
of  improvement  of  Lafay- 
ette park 20 

Lafehjettepark,  district  of  created  19 
board  of  improvement  of, 

how  composed 20 

how  improved 21,  27 

bonds  for  improvement  of 21 


Lafayette  park,  tax  for  improve- 
ment of I 22 

tax  for,  how  collected 23 

appropriations  to  be  made  for  27 

dedicated  as  public  park 27 

cei'tain  fmsiness  not  to  be  car- 
ried on  near 27 

Land,  how  acquired  for  park. ..6 — 13 
proceedings  to  condemn  for 

paik 6 — 13 

Land  Court,  to  appoint  ap- 
praisers, when 6,  7 

Mayor,  to  be  park  commissioner  4 
to  issue  proclamation  for  elec- 
tion, when 17 

to  be  member  of  board  of  im- 
provement ofLafayette  park  20 

to  issue  bonds  for  Lafaj'ette 

park 21 

Park,  commissioners  to  select 

lands  for 1,  2,  12 

Park  commissioners  created 3 

proceedings  in  condemning 

land  for 6 — 12 

land  for,  how  purchased 13 

city  to  have  jurisdiction  over  16 

vote  to  be  taken  on 17 

(See  Lafayette  park) 

President  of  common  council  to  be 

park  commissioner 4 

Tax  for  imjmoving  Lafayette  park , 

provision  for 23 

how  collected 24 

how  credited 25 

delinquent,  provisions  con- 
cerning   26 


Section  1.  The  commissioners  hereinafter  appointed  are 
hereby  authorized  to  select  and  designate  such  pieces  or  parcels 
of  land,  situate,  lying,  and  being  west  and  near  the  city  of  St. 
Louis,  not  to  exceed  in  all  three  hundred  and  fifty  acres,  as 
in  their  judgment  shall  be  best  adapted  for  a public  park,  and 
which  can  be  obtained  or  secured  on  the  most  reasonable  terms 
for  that  purpose ; and,  when  so  selected  and  designated,  the 
same  shall  be  set  apart  and  improved,  in  accordance  with  the 
provisions  of  this  act,  to  be  a public  park,  for  the  use  and  benefit 
of  the  inhabitants  of  the  city  of  St.  Louis,  to  be  held  and  used 
as  a public  park  forever. 

Sec.  2.  The  commissioners  hereinafter  appointed  are  hereby 
authorized  to  enter  upon  and  take  possession,  for  the  city  of  St. 
Louis,  of  the  land  above  described,  for  the  use  aforesaid,  and 
to  close  up  the  streets  and  avenues  laid  out  thi’oiigh  tlie  same, 
and  inclose  the  land  so  taken,  and  make  such  im})rovenicnts, 


DIGEST  OF  CILVRTERS  AND  LAWS. 

from  time  to  time,  as  tlicy  may  deem  necessary  and  proper  for 
a public  park. 

Sec.  3.  There  is  hereby  created  a board  of  commissioners,  to 
consist  of  seven  members,  to  be  styled  the  “Commissioners  of 
the  Central  Park,”  who  shall  represent  the  city  of  St.  Louis  in 
all  tilings  pertaining  to  said  park  ; shall  make  all  necessary  rules, 
regulations  and  by-laws  for  the  government  of  said  park,  and 
the  transaction  of  business  pertaining  to  the  same ; they  shall 
appoint  all  agents,  engineers  and  superintendents  of  the  work  and 
grounds,  and  fix  the  wages  of  all  employees  ; shall  have  control  of 
all  moneys  provided  for  the  improvement  of  said  park  ; they  shall 
make  an  annual  report  of  their  proceedings  and  expenditures  to 
the  common  council  of  the  city  of  St.  Louis,  which  report  shall 
show  the  progress  of  the  work,  on  the  first  day  of  October  in  that 
year,  and  shall  be  furnished  to  the  council  within  thirty  days 
after  that  date. 

Sec.  4.  The  mayor  of  the  city  of  St.  Louis,  the  comptroller 
of  the  city  of  St.  Louis,  and  the  president  of  the  common  coun- 
cil, shall  be,  ex-ojjicio^  members  of  said  board  of  commissioners ; 
and  the  remaining  four  shall,  after  the  expiration  of  the  term  of 
those  hereinafter  appointed,  be  elected  by  the  common  council  of 
the  city  of  St.  Louis,  and  shall  hold  their  office  for  four  years, 
and  until  their  successors  are  elected  and  (jualified.  The  first 
board  shall  consist  of  John  11.  Lightner,  James  B.  Eads,  Henry 
Shaw,  and  William  M.  McPherson  ; two  of  those  named  shall  hold 
their  office  until  the  first  day  of  January,  eighteen  hundred 
and  sixty-six,  and  two  shall  hold  their  oflice  until  the  first  day 
of  January,  eighteen  hundred  and  sixty-eight,  to  be  determined 
by  lot  at  the  first  meeting  of  the  board. 

Sec.  5.  The  board  of  commissioners  herein  provided  for 
shall,  after  the  passage  of  this  act,  proceed  to  organize  without 
unnecessary  delay,  and  may  proceed  to  acupiire  the  title  to  the 
property  herein  described,  or  any  part  thereof,  by  private  pur- 
chase, or  by  lease  with  the  privilege  of  purchase,  at  a price  to  be 
fixed  at  the  time  of  making  the  lease.  But  if  no  such  purchase’ 
or  lease  can  be  made  on  terms  deemed  just  and  reasonable  by  the 
commissioners,  then  it  shall  be  the  duty  of  said  board  to  cause 
said  land,  or  so  much  thereof  as  shall  not  have  Ijeen  purchased 
or  leased,  to  be  condemned  for  public  use. 


261> 


DIGEST  OF  CHARTERS  AND  LAWS. 


Sec.  6.  If  the  board  of  commissioners  find  it  necessary  to 
condemn  said  land  or  any  part  thereof,  they  shall  notify  the  city 
counselor  of  the  city  of  St.  Louis,  who  shall  give  notice  that,  on 
a day  to  be  named,  the  city  of  St.  Louis  will  make  application 
to  the  St.  Louis  land  court,  or  the  judge  thereof,  in  vacation,  for 
the  appointment  of  commissioners  of  estimate  to  appraise  the 
land  mentioned  in  the  notice  for  public  use,  which  notice  shall  be 
addressed  to  all  whom  it  may  concern,  and  shall  be  published  in 
two  newspapers,  published  in  the  city  of  St.  Louis,  for  at  least 
one  week  before  the  day  named  upon  which  application  is  to  be 
made. 

Sec.  T.  Upon  presenting  the  application  to  the  land  court,  or 
the  judge  thereof,  in  vacation,  with  evidence  of  the  publication 
as  above  required,  the  court,  or  judge  thereof,  in  vacation  (as 
the  case  may  be),  shall  proceed  to  appoint  five  discreet  citizens 
of  the  city  of  St.  Louis  as  commissioners  of  estimate,  who  shall 
go  upon  the  land  and  carefully  examine  the  same,  and  assess  the 
value  thereof  to  be  paid  by  the  city  for  the  land  so  taken  for 
public  use  ; and  shall  also  view  the  land  in  the  vicinity  of  the 
proposed  public  park,  and  assess  against  the  same  the  value  of 
the  benefits  to  accrue  to  such  land  from  the  establishment  of 
said  public  park;  and  shall,  without  unreasonable  delay,  make 
a report  to  the  land  court  of  their  proceedings. 

Sec.  8.  A copy  of  said  report,  and  maps  of  the  land  con- 
demned for  the  park,  and  all  lands  assessed  for  benefits,  shall  be 
filed  in  the  city  engineer’s  office,  and  a notice  given  of  the  same 
by  publication,  in  some  newspaper  published  in  St.  Louis,  for 
one  week  before  said  report  is  returned  to  the  land  court ; and 
such  report  shall  be  open  to  the  inspection  of  all  parties  inter- 
ested. 

Sec.  9.  Upon  the  coming  in  of  said  report,  signed  by  the 
commissioners,  or  any  three  of  them,  the  said  court  shall,  by  rule 
or  order,  after  hearing  any  matter  that  may  be  alleged  against 
the  same,  either  confirm  the  said  report  in  full,  or  any  part 
thereof,  or  refer  the  same  back  to  said  commissioners  for  revisal 
or  correction,  or  to  new  commissioners,  to  be  appointed  by  the 
said  court,  to  reconsider  the  subject  matter  thereof ; and  the  said 
commissioners,  to  whom  the  said  report  shall  be  referred,  shall 
return  the  said  report,  corrected  and  revised,  or  a new  report  to 


DIGEST  OF  CimiTERS  AND  LAWS. 


be  made  by  tlieni  in  the  premises,  to  the  said  court,  without 
unnecessary  delay ; on  the  same  being  so  returned  it  shall  be 
confirmed,  as  a whole  or  in  part,  or  again  referred,  in  manner 
aforesaid,  as  to  the  said  court  it  shall  appear  that  right  and  justice 
recpiirc  ; and  so,  from  time  to  time,  until  a report  shall  be  made 
and  returned  in  the  premises  which  the  said  court  shall  confirm  in 
full ; and  such  report  or  reports,  when  confirmed,  shall  be  final 
and  conclusive,  as  well  upon  the  city  of  St.  Louis  as  upon  the 
owners,  lessees,  and  persons  and  parties  interested  in  or  entitled 
unto  the  lands  and  premises  hereinbefore  described,  and  upon  all 
persons  wdiose  lands  have  been  assessed  for  benefits,  and  also 
upon  all  persons  whomsoever ; and  on  such  final  confirmation  of 
such  report  by  the  said  court,  the  city  of  St.  Louis  shall  become 
and  be  seized,  in  fee-simple  absolute,  of  all  the  said  lands,  tene- 
ments and  premises  hereinbefore  described,  and  all  the  rights  and 
privileges  thereto  belonging,  in  trust,  nevertheless,  for  the  uses 
and  purposes  of  a public  park,  forever,  subject  only  to  the  pay- 
ment of  the  bonds  that  may  be  issued  for  the  purchase  money ; 
and  all  leases,  covenants  and  contracts  between  landlord  and  ten- 
ant, pertaining  to  any  of  the  lands  so  taken  for  public  use,  shall 
cease  and  determine  upon  the  confirmation  of  such  report. 

Sec.  10.  The  board  of  commissioners  of  the  Central  park 
shall,  after  they  have  taken  possession  of  said  lands  for  the  city 
of  St.  Louis,  provided  the  said  report  shall  be  confirmed  in  full — 
and,  if  the  same  shall  not  be  then  confirmed,  then  after  it  shall  be 
confirmed  by  the  court — pay,  on  behalf  of  the  city  of  St.  Louis,  to 
the  respective  persons  or  parties  mentioned  or  referred  to  in  said 
report,  in  whose  favor  any  sum  or  sums  of  money  shall  be  estima- 
ted or  reported  by  the  commissioners  of  estimate,  the  respective 
sum  or  sums  so  estimated  and  reported  in  their  favor  respectively  ; 
and  in  case  of  neglect  or  default  in  the  payment  of  the  same  to 
the  respective  persons  or  parties  in  whose  favor  the  same  shall  be 
reported,  his,  her  or  their  executors,  administrators  or  assigns,  at 
anytime  after  application  to  the  mayor  of  the  city  of  St.  Louis, 
or  the  president  of  said  board  of  commissioners,  for  payment 
thereof,  may  sue  for  and  recover  from  the  city  of  St.  Louis  the 
amount  so  due,  with  lawful  interest  from  the  date  of  such  appli- 
cation, in  any  court  having  jurisdiction  thereof;  and  in  such  suit 
it  shall  be  sufficient  to  complain  generally  for  so  much  money  due 


DIGEST  OF  CHARTERS  AND  LAWS. 


to  the  plaintiff  or  plaintiffs  under  this  act,  for  premises  taken  by 
virtue  thereof,  and  it  shall  be  lawful  for  the  plaintiffs  to  give  any 
special  matter  in  evidence  under  such  general  complaint ; Pro- 
vided^ That  whenever  the  owners  of  any  such  lands,  taken  by 
virtue  of  this  act,  shall  be  under  the  age  of  twenty- one  years,  or 
insane,  or  married  women,  or  absent  from  the  city  and  county  of 
St.  Louis,  and  also  in  all  cases  where  the  name  or  names  of  the 
owner  or  owners  entitled  to  or  interested  in  said  land  shall  not  be 
set  forth  in  said  reports,  or  where  the  title  to  any  of  the  land  so 
taken  shall  be  in  litigation,  it  shall  be  lawful  for  said  board  of 
commissioners,  in  behalf  of  the  city  of  St.  Louis,  to  pay  the  sum 
or  sums  mentioned  in  said  report  of  the  commissioners  of  estimate, 
or  payable  to  such  owners,  persons  or  parties,  respectively,  into 
the  land  court,  to  be  secured,  disposed  of,  or  held,  as  the  said  court 
shall  direct ; and  such  payment  shall  be  as  valid  and  effectual,  in 
all  respects,  as  if  made  to  the  said  ovvmers. 

Sec.  11.  In  all  cases  where  estimates  are  made  for  property 
taken  in  favor  of  parties  who  have  property  assessed  for  benefits, 
the  commissioners  of  estimate  shall  set  out  the  facts  and  deduct 
the  benefits  from  the  damages,  and  make  the  award  for  the  balance, 
if  any ; and  the  confirmation  of  the  report  by  the  land  court  shall 
operate  as  a judgment  against  the  land  for  all  benefits  assessed, 
and  the  city  shall  have  the  right  to  collect  the  same  for  the  benefit 
of  the  Central  park.  In  case  of  the  death,  resignation  or  refusal 
to  act  of  the  said  commissioners  of  estimate,  or  either  of  them, 
the  court  aforesaid  shall,  upon  the  application  of  the  city  coun- 
selor, as  often  as  such  event  shall  happen,  appoint  a discreet 
person,  being  a citizen  of  the  city  of  St.  Louis,  in  the  place  of 
said  commissioner  so  dying,  resigning,  or  refusing  to  act.  But  it 
shall  be  competent  and  lawful  for  any  three  of  said  commissioners 
to  perform  the  trust  and  duties  of  their  appointment,  and  their 
acts  shall  be  as  valid  as  the  acts  of  all  the  commissioners  so 
appointed. 

Sec.  12.  Said  commissioners  shall  be  each  entitled  to  receive  the 
sum  of  five  dollars  for  each  day  they  shall,  respectively,  be  actually 
employed  in  the  duties  of  their  appointment,  besides  all  reasonable 
expenses  for  maps,  surveys,  clerk  hire,  and  other  necessary 
expenses,  which  shall  be  taxed  by  said  court  and  paid  by  the  city 
of  St.  Louis  ; Provided^  That  in  case  of  the  award  being  referred 


DIGEST  OF  CHARTERS  AND  LAWS. 


2n 


back  to  the  coiniiiissioncrs  bj  the  court,  on  motion  of  any  of  the 
parties  interested  in  the  land  condemned  or  benefited,  and  the 
second  award  is  not  more  favorable  for  the  applicant,  then  such 
party  or  parties  so  applying  shall  pay  all  the  costs  of  such 
reference. 

Sec.  13.  If  the  Foard  of  commissioners  of  the  Central  park 
shall  agree  with  the  owners  of  the  property  hereinbefore  declared 
to  be  a public  park,  for  the  purchase  thereof,  or  any  part  of  said 
land,  or  if  commissioners  of  estimate  are  appointed,  then,  upon 
the  confirmation  of  their  report,  it  shall  be  lawful  for  the  mayor 
and  comptroller  of  the  city  of  St.  Louis  to  raise  the  amount  of 
the  purchase  money  of  said  premises,  or  the  amount  directed  by 
the  report  of  the  commissioners  of  estimate  to  be  paid  ; or,  if  part 
by  agreement  and  part  by  the  award  of  commissioners,  then  to 
raise  the  amount  necessary  to  cover  both  the  agreements  and  the 
awards,  and  the  expenses  connected  therewith,  by  issue  of  the 
bonds  of  said  city,  bearing  an  interest  not  exceeding  five  percent, 
per  annum,  payable  semi-annually  in  the  city  of  St.  Louis  or  New 
York,  as  they  may  deem  most  advantageous  ; said  bonds  to  have 
twenty  years  to  run,  but  redeemable  at  the  pleasure  of  the  city 
after  fifteen  years.  Said  bonds  shall  not  be  sold  for  less  than 
ninety-five  cents  on  the  dollar ; but,  as  long  as  they  are  held  and 
owned  by  citizens  of  St.  Louis,  or  by  any  corporation  of  said  city, 
such  bonds  shall  be  exempt  from  all  city  and  [?]  taxes.  Said 
bonds  shall  be  designated  by  the  comptroller  and  shall  be  signed 
by  the  mayor,  countersigned  by  the  comptroller,  and  shall  be 
made  payable  to  the  board  of  commissioners  of  the  Central  park, 
or  bearer,  and  shall  be  endorsed  by  the  president  of  said  board, 
and  be  of  such  denomination  as  the  mayor  and  comptroller  shall 
deem  advisable.  Said  bonds,  when  endorsed  by  the  president  of 
the  board  of  commissioners  of  said  Central  park,  shall  operate  as 
a first  mortgage  upon  said  Central  park,  and  all  the  land  and 
improvements  thereon  shall  be  liable  for  the  payment  of  said  bonds. 

Sec.  14.  All  vacancies  occurring  in  the  board  of  commissioners 
of  the  Central  park  shall  be  filled  by  the  common  council  of  St. 
Louis.  Said  commissioners  shall  not  receive  any  compensation 
for  their  services,  nor  shall  they  be,  directly  or  indirectly,  inter- 
ested in  any  contract  for  labor,  materials,  or  superintendence,  in 
the  improvement  of  the  park. 

18 


274 


DIGEST  OF  CHARTERS  AND  LAWS. 


Sec.  15.  For  the  purpose  of  paying  interest  on  the  bonds  to 
he  issued  in  payment  for  the  land  purchased  for  said  public  park, 
and  providing  a sinking  fund  to  retire  said  bonds,  as  well  as  to 
provide  for  suitably  inclosing  and  improving  said  grounds,  an 
additional  tax  of  half  a mill  per  cent,  will  be  added  to  the  annual 
tax  of  the  city,  and  collected  and  appropriated,  each  year,  for  the 
purposes  named ; and  all  the  money  thus  derived,  except  what  is 
necessary  to  pay  interest  on  said  bonds,  shall  be  subject  to  the 
control  and  management  of  said  board  of  commissioners  of  the 
Central  park,  as  w^ell  as  moneys  that  may  be  derived  from  other 
sources  for  the  improvement  of  said  park. 

Sec.  16.  The  city  of  St.  Louis  shall  have  jurisdiction  over  said 
park,  and  all  the  adjoining  lands  to  the  distance  of  one  thousand 
feet  on  every  side  of  said  park,  so  far  as  is  necessary  to  establish 
police  regulations  and  to  abate  nuisances ; and  the  police  may 
arrest  and  detain  offenders  within  the  bounds  named,  and  the  city 
recorder  shall  have  jurisdiction  of  all  offenses  against  the  police  or 
sanitary  ordinances  of  the  city,  within  the  bounds  named,  as  fully 
as  if  said  territory  was  within  the  corporate  limits  of  the  city. 

Sec  17.  The  board  of  commissioners  herein  created  may, 
after  their  organization,  and  before  proceeding  to  purchase  or 
condemn  said  land,  for  information,  request  the  mayor  of  the 
city  of  St.  Louis  to  submit  the  question  as  to  their  wish  for  such 
a park  to  the  voters  of  said  city,  either  at  a special  or  general 
election  ; and,  if  so  requested,  the  mayor  shall  issue  his  proclama- 
tion at  least  ten  days  before  the  day  named  for  the  election 
directing  the  vote  to  be  taken ; and  at  such  election  the  vote  shall 
be  by  ballot,  and  the  ballots  shall  be  ‘^for  the  public  park”  or 
‘‘against  the  public  park.”  If,  at  an  election  so  ordered,  the 
majority  of  the  vote  cast  should  be  against  a public  park,  then 
the  said  board  of  commissioners  shall  take  no  further  action  in 
the  matter  of  purchasing  or  condemning  said  land  until  ordered  so 
to  do  by  act  of  the  legislature. 

Sec.  18.  This  act  is  hereby  declared  a public  act,  to  be  recog- 
nized as  such  in  all  courts  and  places,  and  shall  take  effect  and 
be  in  force  from  and  after  its  passage. 

Act  Feb.  13. ’64,  Sec.  19.  All  of  tluit  portioii  of  the  city  of  St.  Louis  bounded 
is63)''i864,‘'|i-  east  by  Linn  street  and  Saint  Ange  avenue,  south  by  Allen  street 
10,  p.  467.  and  Pontiac  avenue,  west  by  Grand  avenue,  north  by  Oliouteau 


DIGEST  OF  CHARTERS  AND  LAWS. 


275 


avenue,  is  liereby  established  as  a district  to  be  known  as  the 
“District  of  Lafayette  Park.” 

Sec.  20.  The  board  of  improvemement  of  said  Lafayette 
park  shall  consist  of  the  mayor  and  the  city  engineer,  and  three 
citizens  residing  in  and  OAvning  real  estate  within  said  district, 
Avho  shall  be  selected  as  noAv  provided  by  ordinance  of  said  city. 

Sec.  21.  The  board  of  improvement  of  Lafayette  park  shall 
have  and  exercise  the  same  jurisdiction,  power,  and  control,  over 
the  said  park  and  the  avenues  surrounding  the  same,  so  far  as 
regulating  the  use  thereof,  that  is  noAV  or  may  be  vested  by  law 
in  the  city  of  St.  Louis;  and  said  board  of  improvement  is  hereby 
authorized  and  empoAvered  to  make  such  improvements  in  and 
about  said  park  as  in  the  judgment  of  said  board  may  be  deemed 
necessary ; and  for  that  purpose  the  mayor  and  the  comptroller 
of  the  said  city  of  St.  Louis  are  hereby  empoAvered  and  required 
to  issue  bonds,  in  the  name  of  the  said  city  of  St.  Louis,  to  the 
amount  of  thirty  thousand  dollars,  and  deliver  the  same  to  the 
said  board  of  improvement  of  Lafayette  park. 

Sec.  22.  The  bonds  so  issued  shall  be  in  sums  of  five  hundred 
dollars  each,  with  interest  coupons  attached,  not  to  exceed  eight 
per  cent,  per  annum.  Said  bonds  shall  be  made  to  mature  as 
follows  : Two  in  one  year,  tAvo  in  two  years,  four  in  three  years, 
four  in  four  years,  six  in  five  years,  six.  in  six  years,  eight  in 
seven  years,  eight  in  eight  years,  ten  in  nine  years,  and  ten  in 
ten  years,  from  the  date  thereof  ; and  said  bonds  shall  be  paid  by 
said  city  of  St  Louis  as  is  or  may  be  provided  for  her  other  ])onded 
indebtedness  ; but  one-half  of  the  amount  re({uired  to  meet  said 
bonds,  and  the  interest  accruing  thereon,  shall  be  j)rovided  for  as 
folloAvs,  viz  : 

Sec.  23.  A tax  of  one -fifth  of  one  per  cent,  shall  be  levied 
upon  the  assessed  value  of  all  private  real  estate  Avithin  the  fol- 
lowing boundaries,  viz  ; East  by  Second  Carondelet  avenue;  south 
Geyer  avenue;  Avest  by  Jeft'erson  avenue,  projected  through  to 
Convent  street ; and  north  by  Convent  street,  projected  through  to 
Second  Carondelet  avenue  ; and  a tax  of  one-tenth  of  one  per 
cent,  upon  all  other  private  real  estate  Avithin  the  district  created 
and  established  by  the  provisions  of  the  first  section  of  this  act. 

Sec.  24.  The  assessor  of  the  city  of  St.  Louis  is  hereby 
required  to  add  the  tax  provided  in  last  foregoing  section  to  the 


27G 


DIGEST  OF  CHARTERS  AND  LAWS. 


annual  tax-bills  against  all  private  real  estate  within  said  district, 
and  said  tax  shall  be  designated  as  the  “ Lafayette  Park  Tax.” 
Said  tax,  when  collected,  shall  be  paid  to  the  city  treasurer,  and 
duplicate  receipts  taken  therefor,  one  of  Avhich  shall  be  filed  with 
the  secretary  of  the  board  of  improvement  of  said  park. 

Sec.  25.  All  moneys  collected  annually,  as  provided  by  the 
sixth  and  seventh  sections  of  this  act,  in  excess  of  the  amount 
necessary  to  pay  one-half  of  the  bonds  and  the  interest  maturing 
annually,  shall  be  placed  by  the  auditor  of  said  city  to  the  credit 
of  said  Lafayette  park ; and  such  moneys,  so  credited,  may  be 
drawn  against  on  the  order  of  said  board  of  improvement. 

Sec.  26.  In  case  any  part  of  said  tax  cannot  be  collected,  the 
same  shall  be  returned  as  delinquent,  jointly  with  the  city  taxes, 
and  the  same  proceedings  shall  then  be  had  to  enforce  the  pay- 
ment thereof  that  are  or  may  be  provided  for  the  collection  of 
the  revenue  of  said  city,  whether  such  proceedings  be  against  the 
property  or  the  OAvner  thereof ; and  when  such  delinquent  taxes 
are  collected,  the  same  shall  be  placed  to  the  credit  of  Lafayette 
park,  as  provided  in  section  twenty-fifth  of  this  act. 

Sec.  27.  In  consideration  of  the  annual  tax  provided  for  in 
this  act  for  the  payment  of  the  bonds  issued  by  the  said  city  of 
St.  Louis  for  the  improvement  of  the  said  Lafayette  park,  it  is 
hereby  further  enacted:  First,  That  said  city  of  St.  Louis  shall, 
through  its  common  council  and  officers,  each  year  of  the  col- 
lection of  the  tax  provided  for  in  this  act,  appropriate  and  place 
to  the  credit  of  said  Lafayette  park  a sum  equal  to  that  which 
may  be  collected  in  excess  of  the  amount  necessary  for  the  pay- 
ment of  one-half  of  the  amount  of  bonds  and  interest  maturing 
annually:  second,  the  said  Lafayette  park  is  hereby  dedicated 
and  set  apart  as  and  for  a public  park  forever,  and  no  part 
thereof  shall  even  [ever]  be  used  for  any  other  purpose ; and  the 
same  shall  be,  at  all  reasonable  times,  kept  open  for  the  use  and 
benefit  of  the  citizens  of  said  city  and  of  the  State,  under  such 
rules  and  regulations  as  said  board  of  improvement,  subject  to 
the  approval  of  the  board  of  common  council  of  said  city,  shall 
ordain  ; and  no  gambling-house,  bawdy-house,  dram-shop,  beer- 
house, beer-garden  or  saloon,  slaughter-house,  soap  or  candle 
factory,  oil,  glue,  vitriol,  chemical  or  other  manufa'ctory  of  any 
kind  which  said  board  of  improvement  shall  declare  to  be  injuri- 


DIGEST  OF  CHARTERS  AND  LAWS. 


277 


ous  or  detrimental  to  the  use  of  said  park,  or  the  reputation 
thereof,  shall  ever  be  allowed  upon  said  park,  or  within  the  dis- 
tance of  eight  hundred  feet  from  said  park  ; and  said  board  of 
improvement  shall  cause  all  such  houses  or  establishments  to  be 
removed  and  abated,  after  giving  due  and  reasonable  notice  to 
the  owner  or  owners  thereof : Provided^  Nothing  in  this  section 
contained  shall  interfere  with  any  such  house  or  establishment 
now  existing. 

Sec.  28.  The  members  of  said  board  of  improvement  shall 
receive  no  compensation  for  their  services  as  such.  They  shall 
keep  a record  of  its  proceedings  ; shall  provide  for  the  safety  and 
proper  disbursement  of  all  moneys  or  property  that  may  be 
delivered  to  them  ; and  all  moneys  raised  by  the  provisions  of  this 
act  shall  be  expended  upon  said  park  and  the  avenues  surround- 
ing the  same.  They  shall  keep  accurate  accounts  in  detail  of  all 
sums  expended  by  them,  and  report  the  same  to  the  board  of 
common  council,  and  shall  report  fully  to  said  common  council 
once  every  year.  They  may  call  upon  the  police  of  said  city  for 
assistance  in  the  enforcement  of  all  powers  conferred  upon  said 
board  by  this  act,  and  the  said  police  shall  render  the  said  board 
or  the  members  thereof  such  assistance,  promptly. 

CHAPTER  XXI. 


MisceUaneou!' 


Actions  to  be  in  name  of  city  of 

St.  Louis 1 11,12 

Bonds ^ city  may  issue  to  com- 
plete sewers 1 

city  may  issue  to  make  im- 
provements   1 

vote  to  be  taken  on  issue  of 1 

Bremen^  property  of,  vested  in 

city If) 

corporation  of  abolished 17 

. CJiarter^  amendment  of,  not  to 

atfect  acts  done 7 

may  be  amended  or  repealed  8 
declared  public  act b 


Counselor  ^ city,  authority  of 
concerning-  escheated  lands  2 

Digest  of  ordinances  ^ when  made  5 

Escheated  lands  ^ power  of  city 

counselor  concerning 2 

^ title  of  State  to,  vested  in  city  3 
Foi'eign  insurance  companies  ^ pro- 
visions to  tax 18,  19,  20 


9 Provisions. 

Improvements,  city  maj^  l)orrow 

money  to  make ^ 1 

Ordinances.,  when  to  ])e  digested  5 

certain,  to  remain  in  force 10 

Blank-roads.,  city  to  ])nrebase 13 

value  of,  bow  to  be  ascer- 
tained  13 

School  fund.,  certain,  bow  di- 
vided....  14,  If) 

Second  municipality.  incorj)ora- 

tion  abolished 17 

Sewers,  city  may  borrow  money 

to  complete 1 

Suits,  to  be  continued  in  name  of 

city 11,  12 

Swamj)  lands,  city  counselor  may 

sue  tor 2 

Tax.  foreign  insurance  compa- 

ni(*s  to  i)ay 18,  19,  20 

Tax  deeds,  what  force  to  have...  4 
Town  of  St.  Loids.  property  of 
to  vest  in  city 0 


•m 


DIGEST  OF  CHARTERS  AND  LAWS. 


Act  Feb.  23, 
1853,  § 10,  p.  106, 


Act  Dec’r  13, 
1855,  § 1,  p.  121, 


Section  1.  The  city  of  St.  Louis  shall  have  power  to  direct 
to  be  built,  at  the  expense  of  the  city,  any  main  sewer  necessary 
to  carry  out  the  general  system  of  sewers  adopted ; and  to  borrow 
money  for  the  purpose  of  making  any  public  improvement  that 
may  be  deemed  necessary  for  the  city,  or  of  acquiring  any 
property  for  the  public  use  of  the  city ; and  may,  if  necessary  to 
accomplish  the  object,  issue  the  bonds  of  the  city,  having  not 
more  than  thirty  years  to  run ; but  the  authority  hereby  given 
shall  not  be  exercised  unless  a majority  of  the  members  elect  to 
the  board  of  common  council  shall  pass  an  ordinance  for  the 
purpose,  which  shall  be  approved  by  the  mayor.  The  sense  of  the 
qualified  voters  shall  be  taken,  at  an  election  to  be  held  for  the 
purpose,  after  giving  ten  days’  notice,  in  all  the  daily  newspapers 
printed  in  the  city  of  St.  Louis,  of  the  amount  proposed  to  be 
borrow^ed,  for  what  length  of  time,  and  for  what  purpose  ; and  if 
a majority  of  those  voting  shall  decide  against  making  the  loan, 
it  shall  not  be  made. 

Sec.  2.  The  city  counselor  of  the  city  of  St.  Louis,  in  order 
to  enable  the  city  of  St.  Louis  to  avail  itself  of  the  provisions  of 
the  second  section  of  an  act  entitled  “ An  act  about  swamp  lands 
in  St.  Louis  county,”  be,  and  he  is  hereby,  authorized,  in  the 
name  of  the  State  of  Missouri,  to  proceed,  in  the  same  manner  as 
the  attorney  general  is  required  to  do  by  the  provisions  of  an  act 
entitled  ^‘An  act  concerning  escheats,”  approved  January  8, 
1845,  to  ascertain  whether  any  real  estate  has  escheated  to  the 
State  of  Missouri ; and  said  proceedings  shall,  in  all  things,  be 
conducted  in  the  manner  and  form  prescribed  in  said  act  con- 
cerning escheats. 


Iliid,  §2,  p.  121. 


Act  Nov.  23, 
1857,  art.v.,  §43, 
p.  125. 


Sec.  3.  The  title  of  the  State  to  all  lands  which  shall 
appear  to  have  escheated  to  the  State  of  Missouri  before 
March  3,  1851,  by  any  proceeding  commenced  and  prosecuted 
under  the  provisions  of  this  act,  shall,  from  and  after  judgment, 
be  rendered  in  favor  of  the  State,  pass  to  and  vest  in  the  city 
of  St.  Louis. 

Sec.  4.  All  tax  deeds  for  lot  or  lots  of  land  sold  under 
ordinances  of  the  city  of  St.  Louis,  for  the  non-payment  of  taxes 
due  said  city,  shall  be  received  in  like  manner,  and  shall  have 
the  same  force  and  effect,  when  recorded,  as  State  tax  deeds  in  ^ 
this  particular  provided  for. 


DIGEST  OF  CHARTERS  AND  LAWS. 


279 


Sec.  5.  There  shall  be  a (li«:est  of  the  ordinances  of  the  city,  Act  March  3, 

^ . ...  / art.  vii., 

which  are  of  a general  nature,  published  within  six  months  after  p.  101. 
the  passage  of  this  act,  and  a like  digest  within  every  period  of 
three  years  thereafter. 

Sec.  G.  All  property,  real  and  personal,  heretofore  belonging  Act  M^arch^s, 
to  the  inhabitants  of  the  town  of  St.  Louis,  or  to  the  trustees  of  §5/p.  160. 
said  town  in  their  corporate  capacity,  or  to  the  mayor,  aldermen 
and  citizens  of  the  city  of  St.  Louis,  or  to  the  city  council  of  the 
city  of  St.  Louis,  or  to  the  city  of  St.  Louis,  shall  be,  and  the 
same  is  hereby,  declared  to  be  vested  in  the  corporation  hereby 
created. 

Sec.  7.  This  charter  shall  not  invalidate  any  act  done  by  the  ibid,  §6,  p.  101. 
mayor,  aldermen  and  citizens  of  the  city  of  St.  Louis,  or  the 
city  council  of  the  city  of  St.  Louis,  or  the  city  of  St.  Louis  ; 
nor  divest  them  of  any  right  which  may  have  accrued  to  them 
prior  to  the  passage  of  this  act. 

Sec.  8.  The  general  assembly  may,  at  any  time,  alter,  amend,  ibid,  §7,  p.  101. 
or  repeal  this  charter. 

Sec.  9.  This  act  is  declared  to  be  a public  act,  and  may  be  ibid,  §8,  p.  101 
read  in  evidence  in  all  courts  of  law  and  ccpiity  in  this  State 
without  proof. 

Sec.  10.  All  ordinances  and  resolutions  nowin  force  in  the  ibid,  §2,  p.  101. 
city  of  St.  Louis,  and  not  inconsistent  with  this  act,  shall  remain 
in  force  until  altered,  modified,  or  repealed,  under  this  act. 

Sec.  11.  All  suits,  actions,  and  prosecutions,  instituted,  com-  ibid,  §3,  p.  101. 
mcnced,  or  brought  about  by  the  corporation  hereby  created,  shall 
be  instituted,  commenced  and  prosecuted  in  the  name  of  the  city 
of  St.  Louis. 

Sec.  12.  All  actions,  fines,  penalties,  and  forfeitures,  which  ibid,  §4,  p.  lot. 
have  accrued  to  the  common  council  of  the  city  of  St.  Louis,  or 
to  the  city  of  St.  Louis,  shall  be  vested  in,  and  prosecuted  for, 
the  corporation  hereby  created. 

Sec.  18.  The  city  of  St.  Louis  shall  purchase  of  the  joint  Act  Dec.  6,  issa, 
stock  companies  so  much  of  the  several  plank  roads  included  ^ 
within  the  boundaries  of  the  extended  new  limits  as  are  owned 
by  said  companies,  at. such  prices  as  may  be  agreed  upon  between 
the  city  council  and  the  directors  of  said  companies  ; and,  if  they 
cannot  agree,  the  value  of  said  interest  shall  be  assessed  as  other 
property  taken  for  public  use : Pruvidedy  however,  That  so 


280 


DIGEST  OF  CHARTERS  AND  LAWS. 


much  of  said  roads,  or  any  of  them,  as  are  owned  by  the  county 
of  St.  Louis,  is  hereby  vested  in  the  city  of  St.  'Louis,  free  of 
charge. 

Act ueCi- 6, 1866,  Sec.  14.  All  mouey,  bonds,  notes,  and  other  evidences  of 

debt,  belonging  to  the  school  fund  of  fractional  township  forty- 
five  north,  range  seven  east,  outside  of  the  city  of  St.  Louis,  as 
heretofore  incorporated,  shall  be  divided  between  the  board  of 
president  and  directors  of  the  St.  Louis  public  schools,  as  trus- 
tees of  the  general  school  fund  of  the  city  hereby  established, 
and  between  the  county  court  of  St.  Louis  county,  for  the  benefit 
of  said  fractional  township  outside  of  the  city,  hereby  established  ; 
namely,  on  the  following  basis ; One-half  of  the  funds  accord- 
ing to  the  ratio  of  population,  and  the  other  half  according  to 
the  ratio  of  territory,  namely,  of  said  fractional  township 
included  in  the  extended  new  limits  of  said  city,  and  of  the  said 
township  outside  of  the  same ; to  be  determined  by  two  commis- 
sioners, who  shall  be  appointed,  one  by  each  of  the  said  parties, 
sharers  in  the  funds ; who,  failing  to  agree,  shall  appoint  an 
umpire,  to  be  chosen  from  the  county  outside  of  said  city  or 
township.  The  further  management  and  sale  of  section  sixteen 
of  said  fractional  township  shall  remain  with  said  county  court, 
in  accordance  with  the  act  of  the  general  assembly  of  this  State, 
approved  March  3,  1851,  entitled  ‘‘An  act  to  authorize  the  sale 
of  fractional  section  sixteen,  township  forty-five  north,  range 
seven  east ; ” and  after  each  sale  of  any  unsold  portion  of  said 
section,  the  fund  arising  therefrom  shall  he  divided  between  the 
two  parties,  sharers,  in  accordance  with  the  ratio  which  shall 
have  been  determined  according  to  the  succeeding  provisions  of 
this  section  ; the  county  court  of  St.  Louis  county,  first  paying  all 
cost  of  management  and  sale  of  the  lands,  at  all  times  to  reserve 
a sufficient  sum  to  pay  the  probable  expenses  relating  thereto. 

Ibid,  § 10,  p,  117.  Sec.  15.  The  funds  belonging  to  the  board  of  president  and 
directors  of  the  St.  Louis  public  schools,  bcdore  tlie  passage  of 
this  act,  shall  be  a common  fund  for  the  use  and  benefit  of  the 
whole  city,  as  hereby  established. 

Ibid, §11, p.  117.  Sec.  16.  The  property  ot'  the  present  city  of  Rremen,  and  of 
the  second  municipality,  shall  he  vested  in  the  city  <>f  St.  Jjouis  ; 
and  the  hitter  shall  assume  the  indebtedness  of  Ih-emeu,  not 
exceeding  five  hundred  dollars  ; and  of  the  second  munici])ality. 


DIGEST  OF  CIDVRTERS  AND  LAWS. 


281 


not  exceeding  one  hundred  dollars  ; and  shall  receive  all  sums  of 
money  that  may  be  due  to  said  Bremen,  and  to  said  second 
municipality,  for  taxes  or  otherwise. 

Sec.  17.  The  separate  incorporations  of  the  city  of  Bremen  ibid,  §13,  p.  ns. 
and  second  municipality  are  hereby  vacated  and  abolished. 

Sec.  18.  The  agent  or  agents  of  any  foreign  insurance  com-  r>b.  27, 

° ^ ° JO  1857,  § 6,  p.  122. 

pany,  doing  business  in  the  county  of  St.  Louis,  shall  publish, 
daily,  for  six  successive  days,  on  or  before  the  first  day  of  Febru- 
ary of  each  and  every  year,  the  statement  required  in  the  first 
section  of  the  act  to  which  this  is  amendatory,  in  one  English 
and  one  German  newspaper  published  in  said  county  : Provided^ 

That  whenever  the  parent  office  of  such  agency  shall  publish  an 
annual  statement  of  its  affairs,  the  time  mentioned  in  the  first 
part  of  this  section  for  the  publication  of  the  statement  shall  be 
so  changed  as  to  allow  said  publication  to  be  made  within  one 
month  of  the  date  of  such  annual  statement  by  the  parent  com- 
pany. 

Sec.  19.  The  agent  or  agents  of  any  foreign  insurance  com-  ibid,  §7,  p.  122. 
pany,  doing  business  in  the  city  of  St.  Louis,  shall,  in  addition 
to  the  tax  on  gross  premiums  above  provided  for,,  pay  to  the 
collector  of  the  ward  in  said  city  in  which  the  office  of  said  agent 
is  located,  on  or  before  the  first  day  of  February  of  each  and 
every  year,  the  sum  of  one  hundred  dollars,  for  the  use  of  said 
city,  which  sum  shall  be  considered  in  full  for,  and  in  room  of, 
all  taxes  and  licenses  Avhich  said  city,  by  its  charter,  may  or  may 
not  possess  the  power  to  impose  on  such  agencies  ; and  such’ 
collector  shall,  upon  such  payment  being  made,  issue  to  such 
agent  or  agents  a license,  in  the  name  of  the  city  of  St.  Louis, 
for  the  carrying  on  the  business  of  such  agency  for  one  year  ; 
which  license  shall  be  reneAved  from  year  to  year,  if  demanded, 
and  shall  not  be  subject  to  any  taxation  of  any  kind  whatever. 

Sec.  20.  Any  agent  or  agents  of  any  such  insurance  company,  ibid,  §8,  p.  123 
who  shall  neglect  or  refuse  to  comply  Avith  the  reipiirements  of 
the  last  preceding  section,  shall  forfeit  and  pay  the  sum  of  tAvo 
hundred  dollars,  Avhich  may  be  sued  for  and  recovered,  in  the 
name  of  the  city  of  St.  Louis,  to  the  use  of  the  same,  by  suit 
instituted  by  the  city  attorney,  in  any  coui't  having  competent 
jurisdiction. 


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REVISED  ORDINANCES 

OF  THE 

CITY  OF  ST.  LOUIS, 

IN  FORCE  UP  TO  THE  SECOND  MONDAY  IN  OCTOBER,  1865. 


(No.  4872.) 

CENSUS.* 


Affidavit^  census-takers  to  make  ^4,  9 
Auditor^  to  lay  census  before 

common  council 10 

Census^  when  to  be  taken I 

to  be  taken  under  superintend- 
ence of  jiresident  of  board 

of  assessors 2 

wliat  to  contain 4 — 8 

Census  repo7't^  what  to  contain... 4 — 8 

Census-takers^  bow  ajipointed 2 

delegation  of  wai-d  to  recom- 


mend  ^ 2 

list  of,  to  be  published 3 

president  of  board  of  asscissors 

to  furnish  blanks  to 3 

directions  to 4 — 9 

President  of  hoard  o f assessors , to 

superintend  takin<^  of  census  2 
to  publish  list  of  census-takers  3 
to  furnish  blanks  to  census- 

takers 3 

directions  to  in  copying- census  4 — 9 


Be  it  ordained  by  the  Common  Couneil  of  the  City  of  St. 
Louis . 


Section  1.  The  census  of  the  city  shall  he  taken  in  the  month 
of  December,  eighteen  hundred  and  sixty-four,  and  during  the 
same  period  of  time  every  four  years  thereafter. 

Sec.  2.  When  the  census  is  to  be  taken  it  shall  be  the  duty  of 
the  mayor  to  appoint  a sufficient  numlier  of  persons,  whose 
names  for  each  ward  shall  be  recommended  by  the  delega'don  of 
the  ward,  who  shall,  under  the  superintendence  and  direction  of 
the  president  of  the  board  of  assessors,  proceed  to  take  the 


*Tbis  constitutes  the  second  article  of  ordinance  No.  4872,  aiiproved 
July  5,  1801;  it  was  detached  tbendVom  liy  the  inwiser,  and  made  part 
of  another  ordinance,  which  failed  to  pass  the  common  council,  thus 
leaving  it  in  force  in  the  above  shape. 


Census,  when  to 
be  taken. 


Census-takers  to 
be  appointed 


284 


CENSUS. 


List  of  census- 
takers  to  be  pub- 
lished. 


President  of 
board  of  asses- 
sors to  furnish 
blanks. 


Census  to  be 
copied  into 
books  ; form  of 
census. 


Directions  con- 
cerning the  man- 
ner of  taking 
census. 


census  of  the  city  in  a period  of  time  not  exceeding  ten*  days, 
which  days  shall  also  be  fixed  by  the  mayor. 

Sec.  3.  A list  of  such  census  taken  [takers]  shall  be  published 
by  the  president  of  the  board  of  assessors  at  least  ten  days  pre- 
vious to  the  time  for  taking  the  census,  stating  the  number  of 
the  block  or  blocks  for  which  they  are  appointed,  and  requesting 
them  to  call  at  the  office  of  the  president  of  the  board  of  assessors 
to  receive  the  necessary  papers  and  instructions.  The  president 
of  the  board  of  assessors  shall  furnish  each  census-taker  with  a 
sufficient  number  of  blank  sheets,  on  which  shall  be  printed  the 
same  columns  and  headings  which  the  census  books  are  required, 
by  this  ordinance,  to  contain ; on  which  sheets  they  shall  take  the 
census,  [and]  return  the  same  to  the  office  of  the  president  of 
the  board  of  assessors,  with  an  affidavit  to  it,  as  hereinafter 
provided. 

Sec.  4.  The  president  of  the  board  of  assessors  shall  cause 
the  census  to  be  copied  into  separate  books,  one  for  each  ward, 
which  shall  be  made  out  by  blocks,  numerically,  as  provided  in 
article  1,  section  7 [G],  of  this  ordinance  ;t  and  he  shall  enter, 
in  separate  columns,  the  number  of  white  males,  white  females, 
free  male  persons  of  color,  free  female  persons  of  color,  male 
slaves,  female  slaves ; and  in  separate  columns,  the  number  of 
each  of  said  classes  of  persons  under  five  years  of  age,  over  five 
and  not  exceeding  ten,  over  ten  and  not  exceeding  fifteen,  over 
fifteen  and  not  exceeding  twenty- one,  over  twenty- one  and  not 
exceeding  forty-five,  over  forty-five  and  not  exceeding  sixty,  and 
all  over  sixty  years  ; also,  the  number  of  white  children  over 
fourteen  years  of  age,  and  not  exceeding  eighteen,  who  cannot 
read  and  write ; and  the  number  of  white  children,  over  seven  and 
not  exceeding  twelve  years  of  age,  who  do  not  attend  some  school 
or  place  of  instruction  at  the  time  of  taking  such  census. 

Sec.  5.  The  takers  of  the  census  shall  also  register,  in 
separate  columns  in  said  book,  the  names  of  all  persons  in  their 
respective  districts,  in  the  blocks  where  such  persons  may  reside, 
the  name  of  every  merchant,  trader,  grocer,  auctioneer,  broker, 

*The  word  “two,”  in  the  original  ordinance,  is  changed  to  “ten”  h}' 
ordinance  No.  5472,  approved  Deceniber  15,  ]8()4. 

f Section  G,  of  article  V,  of  ordinance  No.  5453,  i)assed  Se])teinhcr 
G,  18G4. 


CENSUS. 


2«r) 


inn-keeper,  tavern,  drani-sliop,  tippling-liouse,  })eer-liouse,  coffee- 
house, attorney  at  law,  physician,  mechanics,  laborers,  rivermen, 
bricklayers,  children  going  to  any  school,  number  of  Americans, 

Germans,  English,  Irish,  French  and  all  other  nations  ; Ameri- 
cans over  twenty-one,  naturalized  foreigners  over  twenty-one, 
foreigners  over  twenty-one  years  who  have  their  first  papers, 
foreigners  over  twenty-one  who  have  no  papers. 

Sec.  6.  The  census- takers  shall  also  ascertain  and  return  with  Furtber  «iirec- 
the  census  the  number  of  buildings,  exclusive  of  out-houses, 
situated  on  each  block,  specifying  in  each  case  the  materials  of 
which  the  building  is  composed,  the  number  of  stories  contained 
in  it,  and  the  purpose  for  which  it  is  used. 

Sec.  7.  They  shall  return  the  names  of  the  heads  of  families.  Further  direc- 
and  all  persons  enumerated  separate  from  any  family ; and  under 
the  name  of  the  head  of  any  family  shall  be  enumerated  all 
persons  of  the  household,  whether  residing  there  as  boarders  or 
otherwise,  provided  they  be  residents  of  the  city ; and  opposite 
the  name  of  each  person  or  head  of  a family  shall  be  stated  the 
kind  of  building  they  occupy. 

Sec.  8.  The  return  of  the  census  shall  show  separately  in  Further  dnec- 
blocks  the  addition  of  each  column,  which  shall  be  forwarded  and 
recapitulated  in  aggregate  in  the  back  part  of  each  of  said  books  ; 
and  said  recapitulation  must  shoAv  the  aggregate  population  of 
each  particular  age,  sex  or  color,  and  also  the  aggregate  of  each 
kind  of  buildings,  merchants,  grocers,  and  so  forth,  as  herein- 
before stated. 

Sec.  9.  After  the  census-takers  have  completed  their  work,  ^mdavit  to  be 
they  shall  each  file  an  affidavit  with  the  register  that  they  have,  to 
the  best  of  their  knowledge  and  ability,  made  an  accurate  return 
of  every  man,  woman  [and]  child  in  the  city,  aiid  that  they  have 
reported  no  more. 

Sec.  10.  The  city  auditor,  on  the  return  of  said  books  con-  t,,  ..p. 

taining  the  census  taken,  [as]  aforesaid,  shall  lay  the  same  before 
the  common  council  at  the  first  meeting  thereafter. 

Approved,  July  5,  1801. 


286 


COMMON  COUNCIL  AND  ORDINANCES. 


(No.  5419.) 

COMMON  COUNCIL  AND  ORDINANCES. 

AN  OEDINANCE  CONCEENING  THE  COMMON  COUNCIL. 


Accountability  of  officers , repeal  of 

ordinance  notto  affect II,  §15 

Actions  pending,  not  affected  by 

repeal  of  ordinance II,  9 

Auditor^  sergeant  - at  - arms  to 

carry  messages  for I,  G 

sergeant-at-ai-ms  to  report  to..!,  6 

Boat'd  o f fire  engineers , election  of  1 , 8 
Board  of  health,  sergeant-at-arms 

to  attend  on I,  6 

election  ot I,  8 

Board  of  imp7'ovement  of  Washing- 
ton square  and  Missouri  park, 

election  of. I,  8 

Boat'd  of  matiagers  of  wot'khouse , 

election  of. I,  8 

Called  sessions  of  common  conn- 

cil.  notice  for I,  3 

Clerk  of  board  of  health,  sergeant- 

at-arms  to  attend  on... I,  6 

Clerk  of  coimnon  council,  election 

of:; 1, 4 

duties  of. I,  5,  II,  17 

sergeant-at-arms  to  attend  on  I,  6 
to  strike  certain  words  from 

bills II,  17 

Comtnittees,  election  of. I,  1,  8 

Common  council , organization  of..I,  1 

sessions  of. I,  2,  3 

to  sit  as  court  of  appeals I,  2 

resignations  from,  to  whom 

addressed I,  9 

vacancy  in,  bow  tilled 1, 10 

members  interested,  not  to 

vote  on  certain  bills I,  11 

proceedings  of,  on  petitions 

for  improving  streets 1, 12 

Comptroller,  sergeant-at-arms  to 

carry  messages  for I,  6 

Court  of  appeals,  common  council 

to  sit  as I,  2 

Engineer  (city),  sergeant-at-arms 

to  cany  messages  for I,  G 

Fire  engineers , election  of. 1 , 8 

Fires  and  fuel,  sergeant-at-arms 

to  provide I,  § G 

Gaslight  comtnittee^  election  of... I,  8 
Hall  of  commoti  oouncil,  sei’geant- 

at-arms  to  attend  to I,  G 


House  of  refuge  committee,  elec- 
tion of. I,  8 

Iron  Mountain  railroad,  committee, 

election  and  duties  of I,  8 

Mayor,  common  council  to  pro- 
vide for  installation  of. I,  1 


Mayor,  to  convene  common 
council  as  court  of  appeals  I,  § 2 
to  give  notice  of  called  ses- 
sions   I,  3 

sergeant-at-arms  to  carry  mes- 
sages for I,  G 

duty  of,  on  vacancy  in  com- 
mon council I,  10 

power  of  concerning  bills II 

Messenger,  sergeant-at-arms  to 

employ I,  7 

duties  of. I,  7 

Missomi  park,  board  of  improve- 
ment of. I,  8 

North  Missouri  raih'oad  committee, 

election  and  duties  of I,  8 

Office,  tenure  of  not  affected  by 

repeal  of  ordinance II,  15 

Officers  ot  common  council,  elec- 
tion of I,  1 

Ordinatices,  passed  by  vote  of 

interested  member,  void I,  11 

passed  over  majmr’s  veto,  how 

authenticated II,  1 

passed  by  default  ot  ma^r, 

how  authenticated II,  2 

duty  of  register  concerning.... II,  3 
copies  of  to  be  bound  for  use 

of  council II,  3 

not  revised,  to  continue  in 

force II,  4 

revised,  to  repeal  all  repug- 
nant provisions II,  5 

private  or  local,  not  affected 

by  revision II,  G 

rei)eal  of,  not  to  affect  pre- 
vious i)roceedings II,  7 

repeal  of,  not  to  affect  penal- 
ties incurred II,  8 

repeal  of,  not  to  affect  pro- 
ceedings pending II,  9 

certain  words  in,  how  con- 
strued  II,  10,  11,  12,  13 

rei)ealof,  not  to  revive  certain 

oi-dinances 11,  14 

rei)eal  of.  not  to  affect  tenure 

of  ollice,  etc II,  15 

titles  of,  to  indicate  subject 

matter H,  IG 

when  to  take  eflect 11.  17,  18 

revised,  when  deemed  to  have 

passed H, 

revised,  how  to  be  con- 

striUMl n,  18 

to  be  translated H,  19 


COMMON  COUNCIL  AND  ORDINANCES. 


287 


Pacific,  railroad  committee,,  elec- 
tion £111(1  duties  of I,  § 8 

Petitions  for  improving  streets, 

procjcedings  on 1, 12 

President  of  common  council,,  elec- 
tion of. I,  4 

pj'o  tern.,,  election  of. I,  4 

to  notify  mayor  of  vacancy  in 

council .....1, 10 

Proceedings  of  common  council,, 

how  kept I,  5 

clerk  to  have  synopsis  of 

published I,  5 

on  petitions  for  improving 
streets  in  extended  new 

limits 1, 13 

Record  of  proceedings , clerk  of 

council  to  keep I,  I 5 

Register  (city),  duty  of  concern- 
ing ordinances II,  3 

sergeant  - at  - arms  to  carry 

messages  for  ...". I,  6 

to  publish  translations II,  19 

Repeal  of  ordinances  (see  ordi- 
nances) . 

Resignation  of  couneilmen^  to 
whom  addressed I,  9 


Resolutions^  duty  of  clerk  of 

council  concerning I,  ^ 5 

Sergeant-at-arms,^  election  and 

duties  of. I,  0 

to  employ  messenger I,  7 

Sessions  of  common  council 1 , 2 , 3 

Sewer  committee,,  election  of. I,  8 

Stayidinq  committees , election 

of... I,  1,  8 

Superintendent  of  waterworks , 
sergeant-at-arms  to  cany 

messages  for I,  6 

Synopsis  of  proceedings  of  coun- 
cil, clerk  to  publish 1,  5 

Tenure  of  office,,  not  affected  by 

repeal  of  ordinance II,  15 

Title  of  ordinances,,  to  indicate 

subject  matter II,  IG 

Translator,,  election  and  duties 

of. II,  19,20 

Treasurer,,  sergeant-at-arms  to 

carry  messages  for I,  G 

Vacancy  in  common  council,,  how 

filled .......1, 10 

Washington  square  board  of  im- 
provement, election  of. I,  8 

W aterworks  committee,  election  of  1 , 8 


Be  it  ordained  hy  the  Common  Council  of  the  City  of  St. 
Louis  . 


ARTICLE  1. 

Meeting;  and  Organization  of  the  Board,,  and  general 

])rovisio7is. 

Section  1.  The  board  of  common  council  shall  meet  on  the  Annual  inooling 
first  Saturday  after  the  first  Monday  in  April,  at  two  o’clock  p.  council. ijurposu 
M.,  in  each  year,  for  the  purpose  of  organization,  of  electing  coiinnittoes 

Xl  iY-  1.  . r.  1 1 1 ® he  elccto.l ; ac- 

tlie  onicers  and  such  standing  committees  or  tlie  board  as  are  counts  of  treas- 

1 1 1 1 1 1 11  1 a !•  '""y  <a‘i)artnient. 

refjuired  to  be  elected  by  ballot,  and  of  settling  up  the  accounts  tc  settled; 

^ ^ installation  of 

of  the  treasury  department  for  the  jirevious  fiscal  year.  And  mayor, 
should  there  have  been  an  election  for  mayor  on  the  preceding 
first  Monday  in  April,  the  board  shall  make  provisions  for  the 
installation  of  the  mayor  elect. 

Sec.  2.  The  stated  sessions  of  the  hoard  of  common  council  Time  of  stated 

in  1 /r  1 sessions. 

Shall  commence  on  tlie  second  Mondays  in  May  and  October,  in 

each  year,  at  three  o’clock  p.  M.  And  said  board  shall  also,  -'r- 

’ peals. 

upon  the  call  of  the  mayor,  convene  for  the  purpose  of  sitting  as 
a court  of  appeals,  on  the  annual  return  of  the  assessment  lists. 


28S 


COMMON  COUNCIL  AND  ORDINANCES. 


xotice  of  called  Sec.  3.  Fivc  (lavs’  public  notice  of  called  sessions  shall  be 

sessions.  , 

given  by  the  mayor,  in  the  newspapers  employed  by  the  city. 
President,  pres-  Sec.  4.  The  boai’d  shall,  at  its  first  regular  session,  elect  by 

iclent  pro  tem.,  . _ ° / ./ 

elected^  to  bo  ballot  a president,  and  a president  tem.,  and  also  a clerk. 
Unties  of  clerk.  Sec.  5.  It  sliall  be  the  duty  of  the  clerk  : First.  To  keep  a 
correct,  full  and  explicit  record  of  all  the  proceedings  of  the 
board.  Second.  To  prepare  and  furnish  to  the  newspapers  doing 
the  city  printing,  as  soon  as  may  be  after  each  meeting  of  the 
board,  an  official  copy  of  the  proceedings  thereof  for  publication. 
Third.  To  file  and  preserve  all  papers  and  documents  belonging 
to  the  common  council,  upon  which  shall  be  endorsed  a succinct 
history  of  all  proceedings  had  thereon.  Fourth.  To  prepare  copies 
of  all  resolutions,  and  transmit  them  to  the  parties  therein  desig- 
nated. Fifth  To  keep,  in  tabular  form,  a synopsis  of  the  proceed- 
ings had  at  each  meeting,  showing  the  term  number  of  each  peti- 
tion, resolution  and  bill  presented,  and  by  whom  introduced  ; the 
substance  of  each  petition  and  resolution,  and  the  title  of  each  bill ; 
the  date  when  the  same  was  introduced,  and  of  the  second  and 
third  readings,  passage  or  rejection,  enrollment,  approval  or  veto, 
and  [of]  the  registered  number  of  bills,  also,  of  the  reference  of 
all  documents,  to  whom  referred  and  when  reported  ; together  with 
such  other  of  the  proceedings,  if  any,  as  may  be  deemed  necessary 
to  give  a brief  history  thereof,  and  furnish  an  index  thereto ; and 
shall  cause,  at  the  expiration  of  each  term,  the  same  to  be  printed 
for  the  use  of  the  members  of  the  board  and  city  officers.  Sixth. 
To  perform  such  other  duties  appertaining  to  his  office  as  may  be 
deemed  necessary  to  systematize  the  business  and  promote  the 
efficiency  thereof ; and  to  be  present  in  his  office  daily  for  the 
transaction  of  business  connected  therewith, 
sergeant-at-  6.  There  sliall  also  be  elected,  by  ballot,  at  the  first 

eiectod^rtiiOes  Called  or  stated  session,  a sergeant-at-arms,  whose  duty  it  shall 
be  to  attend  all  sittings  of  the  board  of  common  council,  and  of 
the  board  of  health ; to  keep  the  hall  of  the  board  swept  and 
clean,  and  provide  fires,  lights,  and  all  other  necessary  articles 
therefor ; to  carry  messages  for  the  mayor,  register,  treasurer, 
comptroller,  auditor,  engineer,  superintendent  of  waterworks,  and 
for  the  clerk  of  the  board  of  common  council,  and  keep  their 
rooms,  and  the  room  of  the  clerk  of  the  board  of  liealth,  swept 
and  su])plied  with  fuel  and  other  necessary  articles ; to  keep 


CO]\IMON  COUNCIL  AND  ORDINANCES. 


2811 


regular  accounts  of  all  cxpcuditures  by  him  for  fuel  and  lights, 
and  other  necessary  articles  for  the  use  of  the  l)oard  of  common 
council  or  hoard  of  health,  and  make  quarterly  reports  of  such 
expenditures  to  the  city  auditor ; and  to  occupy  a room  in  the  city 
hall,  and  have  the  general  care  and  custody  thereof. 

Sec.  7.  The  sergeant- at- arms  is  authorized  to  employ  a mes-  Messenger  may 

, , . , . , T . T , be  employed; 

senger,  to  be  subject  to  his  orders,  and  to  aid  and  assist  him  in  tiuties  of. 

the  discharge  of  the  duties  of  his  office. 

Sec.  8.  There  shall  also  be  elected,  at  the  same  time  and  in  Election  of  rail- 
road commlt- 

tlie  same  maimer,  three  standing  committees,  consisting  of  three  tees, 
members  each,  to  represent  the  city  of  St.  Louis  in  the  Pacific 
railroad  company,  in  the  North  Missouri  railroad  company,  and 
in  the  Iron  Mountain  railroad  company ; and  such  committees  are  Power  of  same 
authorized  to  cast  the  vote  to  which  the  city  may  be  entitled  in 
said  several  railroad  companies  as  a majority  of  each  of  them 
shall  decide,  and  generally  to  use  all  proper  and  lawful  means  to 
guard  and  protect  the  interests  of  the  city  in  the  premises.  Also, 
a board  of  managers  of  the  Avorkhouse,  a committee  on  gaslight, 
and  a committee  on  house  of  refuge,  consisting  of  three  mem- 
hers  each,  excepting  the  committee  on  house  of  refuge,  Avhich  pous^m  refuge; 
shall  consist  of  four  members.  Also,  a board  of  fire  engineers  Ri’neers^;^'borrd 
and  a board  of  health,  consisting  of  five  members  each.  Also,  a cimm/t^ee*.^'^^' 
sewer  committee,  to  consist  of  five  members  of  the  common 
council,  and  to  be  elected  as  provided  in  the  ordinance  establish- 
ing and  regulating  the  engineer  department.  Also,  a Avaterworks  waterworks 
committee,  to  consist  of  five  members,  representing  difierent 
Avards.  Also,  a committee  of  four  persons,  to  be  entitled  the  Washington 
Washington  S(piare  and  Missouri  Park  Board  of  Improvements,  souri  park 

° ^ ^ ^ ’ board  of  iin- 

tAVO  of  whom  shall  be  members  of  the  council,  and  tAvo  selected  P'ovements. 
from  persons  living  in  the  vicinity  of  said  public  grounds  ; which  unties  of  same, 
said  committee  shall  perform  such  duties  as  are  prescribed  and 
required  of  them  by  ordinance. 

Sec.  9.  Resignations  by  members  shall  be  addressed  to  the  designation  of 

^ members. 

presiding  officer  of  the  board. 

Sec.  10.  If  a vacancy  occur  in  the  board,  the  presiding  officer  Presiding  officer 

in  • e 1 e 1 1 n 1 ^ i • i notify  mayoi' 

shall  notity  the  mayor  thereor,  who  shall  order  an  election  to  be  of  vacancy, 
held  to  fill  the  same.  In  event  that  such  vacancy  shall  occur 
ninety  days  before  a general  election  for  members  of  the  council, 

19 


290 


COMMON  COUNCIL  AND  ORDINANCES. 


Mayor  to  order 
election. 


No  member  to 
vote  on  bill  if 
interested. 


Bill  passed  by 
vote  of  interest- 
ed member  void. 


Proceedings  on 
petitions  for 
improvement  of 
streets  in  ex- 
tended new 
limits. 


Remonstrances, 
what  to  contain. 


Bill  vetoed,  how 
passed. 


How  authentica- 
ted. 


then  the  mayor  shall,  order  an  election  within  ten  days  from  the 
occurrence  of  such  vacancy. 

Sec.  11.  No  member  of  the  board  of  common  council  shall  be 
permitted  to  vote  for  or  against  any  bill  in  anywise  appropriating 
money,  or  approving  a contract,  in  which  said  member  is,  directly 
or  indirectly,  interested  pecuniarily;  and  any  bill,  having  passed 
by  the  vote  of  such  interested  member,  shall  be  declared  illegal 
and  of  no  elfect. 

Sec.  12.  Petitions  for  the  improvement  of  streets,  or  portions 
of  streets,  in  the  extended  new  limits,  shall  be  published,  with 
the  names  signed  thereto,  in  the  proceedings  of  the  board  of 
common  council ; and  if,  within  five  days  from  the  date  of  such 
publication,  no  remonstrance  shall  be  presented  against  such 
improvement,  based  upon  the  ground  that  the  petition  does  not 
contain  the  names  of  a majority  of  the  owners  resident  upon 
such  street  or  portion  of  street,  then  such  petition  shall  be  received 
as  prima  facie  evidence  as  to  the  fact  of  ownership  as  therein 
stated ; * and  every  such  remonstrance  shall  state  the  block  and 
street  on  which  the  signers  thereto  reside,  t 

ARTICLE  II. 

Concerning  Ordinances^  their  Promulgation  and  Trans- 
lation. 

Section  1.  When  an  ordinance  that  has  passed  the  common 
council  shall  be  presented  tO'  the  mayor  for  his  approval,  and 
shall  be  returned  with  his  objections  thereto,  and  if,  upon  recon- 
sideration, it  shall  pass  the  council  by  a vote  of  two-thirds  of  all 
the  members  elected,  as  provided  and  required  by  the  city  charter, 
such  ordinance  shall  be  authenticated  as  having  become  a law, 
by  a certificate  endorsed  thereon  as  follows:  “This  ordipance 
having  been  returned  by  the  mayor  with  his  objections  thereto, 
and,  after  reconsideration,  having  passed  the  common  council  by 
a vote  of  two- thirds  of  all  members  elected  to  the  council, 
as  provided  and  required  by  the  city  charter,  has  become  a law 

*This  section  is  not  contained  in  the  original  ordinaiice,  but  is  ordinance 
No.  5,328,  approved  June  13,  1804. 

fThe  last  clause  is  an  amendment  by  ordinance  No.  5,517,  approved 
March  8,  1865. 


COMIVtON  COUNCIL  AND  ORDINANCES. 


291 


A.  D.  18 — wliicli,  after  being  signed 


To  be  filed  by 
register. 


Bill  passed  by 
default  of 
mayor,  how 
authenticated. 


Ordinances  to 
be  bound  and 
indexed. 


this day  of  - 

by  tlie  president  of  the  board,  shall  be  a sufficient  authentication 
thereof;  and  such  ordinance,  after  being  signed  as  aforesaid,  shall 
be  transmitted  to  the  register,  who  shall  file  and  preserve  the  same 
in  his  office. 

Sec.  2.  Any  ordinance  which  shall  have  passed  the  council, 
and  shall  not  be  returned  by  the  mayor  within  five  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him  for  his 
approval,  thereby  becoming  a law,  shall  be  authenticated  by  the 
register’s  certificate  endorsed  thereon,  as  follows:  ‘^This  ordi- 
nance having  remained  with  the  mayor  five  days  (Sundays 
excepted),  and  the  council  being  in  session,  it  has  become  a law 

this day  of , A.  D.  18 — ; ” which  ordinance,  thus  now  nied 

certified,  shall  be  filed  and  preserved  as  in  other  cases. 

Sec.  3.  It  shall  be  the  duty  of  the  register,  as  soon  as  practi- 
cable after  the  adjournment  of  any  stated  or  special  session  of 
the  council,  to  cause  the  original  ordinances  of  the  council,  passed 
at  such  stated  or  special  session,  to  be  bound  in  a strong  and 
substantial  manner  and  properly  labeled,  and  shall  make  a written 
index  of  the  subject  of  each  ordinance,  its  number,  and  date  of 
becoming  a law  ; and  the  register  shall  preserve  the  volume,  thus 
bound,  safely  in  his  office.  And  he  shall  also  cause  one  hundred 
and  fifty  copies  of  the  printed  slips  of  the  ordinances  to  be  bound 
in  pasteboard,  at  the  expiration  of  each  session,  for  the  use  of  the 
members  of  the  common  council. 

Sec.  4.  All  ordinances  and  resolutions  of  a general,  public, 
and  permanent  nature,  not  revised  at  the  present  session  of  the 
council,  and  not  repealed  by  or  repugnant  to  some  ordinance 
passed  at  the  present  session  of  the  council,  shall  be,  and  they  are 
hereby,  continued  in  full  force  and  effect. 

Sec.  5.  All  ordinances  of  a general,  public,  and  permanent 
nature,  revised  at  the  present  session  of  the  council  (so  soon  as 
such  revised  ordinances  shall  take  effect),  shall  be  taken  and 
construed  as  repealing  all  ordinances  and  parts  of  ordinances 
inconsistent  [therewith]  or  repugnant  thereto,  and  which,  were  in 
force  at  the  commencement  of  the  present  session  of  the  council. 

Sec.  0.  All  ordinances  and  resolutions  of  a private,  local,  or 
temporary  nature,  in  force  at  the  commencement  of  the  present 
session  of  the  council,  not  repealed  by,  or  repugnant  to,  some 


Register  to  file 
ordinances  ; 
printed  ordi- 
nances to  be 
bound. 


Ordinances  not 
repealed,  to  re- 
main in  force. 


Ordinances  re- 
pugnant to  new 
ordinances,  re- 
pealed. 


Private  or  local 
ordinances  not 
affected  by  re- 
vision. 


292 


COMMON  COUNCIL  AND  ORDINANCES. 


Repeal  of  ordi- 
nance not  to 
affect  proceed- 
ings commenced- 


Repeal  of  ordi- 
nance not  to  af- 
fect penalty 
incurred. 


Proceedings 
pending  to  be 
conducted  ac- 
cording to  re- 
vised ordinances 


‘^Heretofore” 
and“hereafter,” 
how  construed. 


Plural  number, 
how  to  be  con- 
strued. 


ordiiiaiice  passed  at  tlie  present  session  of  the  council,  shall 
continue  in  force,  or  expire,  according  to  their  respective  pro- 
visions or  limitations. 

Sec.  7.  The  repeal  of  any  ordinance,  or  part  or  parts  of  any 
ordinance,  or  resolution,  by  this  ordinance,  shall  not  affect  any 
act  done,  or  right  accrued  or  established,  in  any  proceeding, 
action,  suit,  or  prosecution,  or  other  thing,  had  or  commenced 
previous  to  the  time  when  such  repeal  shall  take  effect ; but  every 
such  act,  right,  or  proceeding,  shall  remain  and  continue  as  valid 
and  effectual  as  if  the  provisions  of  any  such  ordinance  or  reso- 
lution had  remained  in  force. 

Sec.  8.  No  offense  committed,  and  no  fine,  forfeiture  or  penalty 
incurred,  previous  to  the  time  when  the  provisions  of  any  ordinance, 
parts  of  an  ordinance,  or  resolution  shall  be  repealed,  shall  be 
affected,* released,  or  in  any  way  discharged  by  such  repeal;  but 
the  trial,  conviction,  and  punishment  of  all  such  offenses,  and  the 
recovery  of  such  fines,  forfeitures,  and  penalties,  shall  be  had,  in 
all  respects,  as  if  such  provision  had  remained  in  force. 

Sec.  9.  No  action,  prosecution,  suit,  or  proceedings,  pending 
at  the  time  any  ordinance  or  part  of  an  ordinance  shall  be 
repealed,  shall  be  affected  in  any  way  by  such  repeal ; but  any 
such  action,  prosecution,  suit,  or  proceeding,  shall  proceed,  in  all 
respects,  as  if  such  ordinance  or  part  of  an  ordinance  had  not 
been  repealed ; except  that  any  such  action,  prosecution,  suit,  or 
proceeding,  had  or  begun  after  the  ordinances  revised  at  the 
present  session  of  the  council  shall  take  effect,  shall  be  conducted 
in  conformity  with  the  provisions  of  such  revised  ordinances,  and 
shall  be,  in  all  respects,  subject  to  the  provisions  tliereof,  so  far 
as  they  are  applicable. 

Sec.  10.  Whenever  the  term  “heretofore”  occurs  in  any  ordi- 
nance, it  shall  be  construed  to  mean  any  time  previous  to  the  day 
when  such  ordinance  shall  take  effect ; and  whenever  the  term 
“hereafter”  occurs,  it  shall  be  construed  to.  mean  any  time  after 
such  ordinance  shall  take  effect. 

Sec.  11.  Whenever,  in  any  ordinance  or  resolution,  words 
importing  the  plural  number  are  used  in  describing  or  referring  to 
any  matter,  parties,  or  persons,  any  single  matter,  party,  or 
person,  shall  be  deemed  to  be  included,  althougli  distributive 
words  to  that  efiect  may  not  be  used. 


COMMON  COUNCIL  AND  ORDINANCES. 

Sec.  12.  IVlien  any  subject,  matter,  party,  or  person,  is 
described  or  reterred  to  in  any  ordinance,  by  words  importing  the 
singular  number,  or  the  masculine  gender,  several  matters  and 
persons,  and  females  as  well  as  males,  and  bodies  corporate  as 
well  as  individuals,  shall  be  deemed  to  be  included. 

Sec.  18.  The  rules  prescribed  in  the  last  two  sections  shall 
apply  in  all  cases , unless  it  shall  be  otherwise  expressly  provided 
in  any  ordinance,  or  unless  there  be  something  in  the  subject  or 
context  repugnant  to  such  construction. 

Sec.  14.  When  an  ordinance  repealing  a former  ordinance, 
clause,  or  provision,  shall  itself  be  repealed,  such  repeal  shall  not 
be  construed  to  revive  such  former  ordinance,  clause,  or  provision, 
unless  it  be  expressly  so  provided. 

Sec.  15.  The  tenure  of  any  office,  or  accountability  of  any 
officer,  of  the  city,  shall  not  be  affected  by  the  repeal  of  any 
ordinance,  clause,  or  provision,  unless  it  be  otherwise  expressly 
provided  in  the  repealing  ordinance. 

Sec.  16.  All  ordinances  of  tlie  council  hereafter  passed  shall 
have  a title  indicative  of  the  nature  and  object  thereof. 

Sec.  17.  All  ordinances  hereafter  passed  sliall  take  effect  and 
be  in  force  from  the  date  of  their  approval  or  authentication,  as 
hereinlmfore  provided,  unless  it  l)e  otherAvise  expressly  provided ; 
and  if  any  jull  be  introduced  in  the  council  contaiuiug  a provision 
that  the  same  shall  take  effect  upon  its  ])assage,  the  clerk  of  tlie 
board  shall  strike  out  such  provision. 

Sec.  18.  For  the  purpose  of  construction,  the  revised  ordi- 
nances passed  at  the  present  session  of  the  council  sliall  be  deemed 
to  have  been  passed,  approved,  or  autbenticated,  on  the  same  day, 
notAvithstanding  they  may  have  been  passed,  approved,  or 
authenticated,  on  different  days  or  times  ; but  if  different  ordi- 
nances (or  any  provision  of  different  ordinances)  are  repugnant 
to  each  other,  that  Ayhich  shall  have  been  last  passed,  apjiroved, 
or  authenticated,  shall  prevail ; and  so  much  and  such  parts  of  any 
prior  ordinance,  clause,  oi*  provision,  as  shall  be  inconsistent  Avith 
such  last  ordinance,  clause,  or  provision,  shall  be  deemed  to  lie 
repealed  thereby. 

Sec.  11).  A translator,  shall  lie  apjiointed,  in  the  same  manner 
as  other  city  officers,  Avhose  duty  it  shall  be  to  translate  into  the 
German  language  the  ordinances  and  resolutions  of  the  council. 


298 


Singular  number 
and  masculine 
gender,  how 
deemed  to  be 
used. 


Preceding  rules, 
how  applied. 


Repeal  of 
repealing  ordi- 
nance not  to 
revive  original 
ordinance. 


Tenure  of  oftice, 
and  accounta- 
bility of  officer, 
not  affected  by 
repeal  of  ordi- 
nance. 


Title  of  ordi- 
nance to  indi- 
aate  contents. 

Ordinances  to 
take  effect  on 
passage. 


Clerk  to  strike 
out  certain 
words. 


Ordinances  to  be 
deemed  to  have 
passed  on  same 
day. 


When  repug- 
nant, last  ordi- 
nance to 
prevail. 


Translator  to  be 
appointed  j 
duties  of. 


294 


COUNSELOR  AND  ATTORNEY. 


Translations 
be  published. 


Translator  to 
take  oath 


and  all  other  matters  which  may  be  directed  to  be  published  in  the 
German  language,  and  return  his  translations  to  the  city  register, 
to  who  shall  cause  them  to  be  published  by  the  printer  employed  for 
that  purpose. 

Sec.  20.  The  said  translator  shall,  before  entering  into  office, 
take  and  subscribe,  and  file  with  the  register,  an  oath,  to  the  effect 
that  he  will  truly  and  correctly  translate  all  matters  submitted  to 
him  by  the  city  for  that  purpose. 

Approved,  August  30,  1864. 


(No.  5429.) 

COUNSELOR  AND  CITY  ATTORNEY. 

AN  OEDINANCE  IN  EELATION  TO  THE  CITY  COUNSELOE  AND  CITY 

ATTOENEY. 


Actions,  counselor  to  attend...!,  ^ 1 

attorney  to  attend II,  I 

Affidavits,  counselor  to  make I,  2 

attorney  to  make II,  1 

Appeals,  counselor  may  take I,  2 

attorney  may  take II,  1 

Assistant  counsel,  when  to  be  em- 
ployed  I,  4 

Attorney  (city),  powers  and  du- 
ties of II,  1,  2,  3 

may  employ  counsel,  when... II,  3 
Auditor,  counselor  to  settle  with, 

when I,  2 

Bills,  counselor  to  draft I,  2 

Bonds,  attoiTiey  to  execute, 

when II,  1 

City  attorney  (see  attorney) . 

City  counselor  (see  counselor). 

City  officers,  counselor  to  advise  I,  2 

attorney  to  defend,  when II,  1 

attorne}'  to  advise II,  1 

Committees  of  common  council, 

counselor  to  advise I,  2 

counselor  to  attend  meetings 

of I,  ? 2 

attorney  to  advise II,  1 

Common  council,  counselor  to  ad- 
vise  I,  2 

may  employ  assistant  coun- 
sel   I,  4 

attoriK'y  to  advise II,  1 

Comptroller,  counselor  to  report 

to,  when I,  3 

Comptroller,  attorney  to  re])ort 

to,  what II,  I 2 


assent  of  necessary  to  appeal, 

when II,  1 

Counsel,  assistant,  to  be  em- 
ployed, when I,  4 

Comiselor  {C\X.y) , how  appointed..!,  1 

qualitications  of. I,  1 

term  of  oftice  of. I,  1 

powers  and  duties  of. I,  1,  2,  3 

may  employ  counsel  to  act  in 

li'is  place II,  3 

Docket  of  city  cases,  counselor  to 

keep I,  2 

form  of I,  2 

Legal  opinions,  counselor  to  give 

in  writing I,  2 

counselor  to  keep  record  of I,  2 

Mayor,  opinion  of,  on  interest 

ot  city  in  suit I,  2 

procure  securities  in  appeals  I,  2 
may  require  counselor  to  re- 
port, what I,  3 

may  employ  assistant  counsel, 

when I,  4 

may  require  attorney  to  pi-os- 

ecute,  when II,  1 

to  ai)prove  counsel  employed  II,  3 

to  api)oint  counsel,  when II,  3 

Officers  (see  city  ollicers) . 

Opinio?is  on  (piestions  of  law, 

counselor  to  gi  ve 1 , 2 

Ordinances,  (toims(“lor  to  draft... I,  2 

Securities,  liow  procuiT'd I,  2 

Suits,  counselor (o  attend I,  2 

Writ  of  error,  coims(‘loi'  may  talce  1 , 1 
attorney  may  take ^ II,  2 


295 


COUNSELOR  AND  ATTORNEY. 

Be  it  ordained  by  the  Common  Council  of  the  City  of  St. 

Louis  : 

ARTICLE  I. 

Of  the  City  Counselor. 

Section  1.  A suitable  person,  who  shall  have  been  a resident  city  counselor 

^ _ to  be  appointed^ 

or  this  city,  and  licensed  to  practice  law  in  the  courts  of*  this  quaiiflcations. 
State,  two  years  before  his  appointment,  shall  be  appointed  city 
counselor,  and  shall  hold  his  office  for  one  year.  Term  of  office. 

Sec.  2.  It  shall  be  the  duty  of  the  city  counselor  : Duties  of  coun- 

First — To  prosecute  and  defend  all  suits  and  actions  originat-  to  conduct 
ing  and  pending  in  any  court  of  record  in  this  State  (except 
cases  appealed  from  the  recorder’s  court)  to  which  the  city  is  a 
party,  or  in  which,  in  the  opinion  of  the  mayor,  the  interests  of 
the  city  are  brought  into  controversy",  or  in  which  the  official  acts 
of  any  of  its  officers  or  agents  are  involved. 

Second — To  advise  the  common  council,  or  their  committees,  advise  city 
or  any  city  officer,  in  such  legal  (piestions  as  may  arise  in  relation 
to  the  business  of  the  city  ; to  draw  up  any  bill  or  ordinance  that  to  draft  uiiis. 
he  may  be  calle<l  upon  to  draw  by  any  committee  of  the  board  of 
common  council ; and  to  ojivc  any  such  committee  his  opinion  in  to  give  opinions 

’ ® in  writing. 

writing  upon  any  and  all  (questions  of  law  submitted  to  him.  He 
shall  also  personally  attend  any  meeting  of  any  committee  of  the 
council,  when  required  by  such  committee  to  do  so,  and  shall 
keep  his  office  in,  or  as  near  as  possible  to,  the  city  hall. 

Third — To  perform  all  such  other  services,  in  the  line  of  his  to  perform  gen- 

^ oral  profession- 

profession,  connected  with  the  business  of  the  corporation,  as  are  duties, 
not  comprised  in  the  duties  of  the  city  attorney. 

Fourth — To  keep  a record  of  all  legal  opinions  officially 
given  by  him  in  writing,  with  the  reipiest  therefor,  and  an  index 
thereto,  and  an  account  book  showing  all  claims  placed  in  his  Account  book, 
hands  for  collection,  all  moneys  received  by  him  on  account  of  frea'sm-er. 
the  city,  and  all  payments  to  the  city  treasurer. 

Fifth — To  keep  a book,  or  docket,  in  which  he  shall  enter  an  to  keep  docket 
abstract  of  all  suits  pending,  and  judgments,  in  favor  or  against 
the  city  of  St.  Louis,  in  tabular  form,  substantially  as  follows: 

Names  of  parties;  suits,  when  brought;  in  what  court;  nature 


:296 


COUNSELOR  AND  ATTORNEY. 


To  settle  with 
auditor. 


To  prosecute 
appeals. 


Make  affidavits. 


Mayor  to  pro- 
cure securities. 

Sureties  to  be 
kept  harmless. 


To  report  to 
comptroller. 


Contents  of  re- 
port. 


Assistant  coun- 
sel may  be  em- 
ployed. 


Duties  of  city 
attorney. 

To  conduct  suits 
before  recorder 
and  justices. 


of  action ; names  of  witnesses  ; proof,  et  cetera,  for  the  city  ; 
what  steps  taken  at  last  term  ; what  preparatory  steps  necessary 
before  the  next  term  ; cause  of  continuance  at  last  term  ; amount 
of  judgment ; date  of  judgment ; date  of  execution ; to  what 
office  delivered;  when  returnable;  judgment,  how  satisfied; 
remarks,  et  cetera  ; which  book  or  docket  shall  be  delivered  by 
him  to  his  successor  in  office. 

Sixth  — To  settle  at  the  end  of  each  quarter  with  the 
auditor ; and 

Seventh — To  prosecute  and  appeal,  on  writ  of  error,  in  any 
case  in  which  the  city  is  concerned,  when  he  shall  see  proper, 
and  to  make  the  necessary  affidavits  therefor ; and  in  all  cases  of 
appeal,  the  mayor  is  authorized  to  procure,  in  behalf  of  the  city, 
such  securities  as  may  be  required  by  laAV  ; and  the  mayor  and 
such  securities  as  may  execute  any  appeal  or  other  bond,  in 
behalf  of  the  city,  shall  be  kept  harmless  by  the  city  therefor. 

Sec.  3.  Within  the  five  days  after  the  adjournment  of  each 
term  of  any  court  of  record,  in  which  any  suit  or  suits  may  be 
pending  in  which  the  city  is  a party,  or  interested,  the  city 
counselor  shall  report  to  the  comptroller  the  names  of  the  parties 
to  any  such  suit  or  suits  ; when  brought ; in  what  court ; nature 
of  the  action ; names  of  the  witnesses  ; proof,  et  cetera,  for  the 
city ; what  steps  were  taken  at  the  last  term  ; what  preparatory 
steps  before  the  next  term  ; cuuse  of  continuance,  if  continued ; 
and  such  other  information  as,  in  the  opinion  of  the  city  coun- 
selor, may  be  for  the  interest  of  the  city,  or  such  as  he  may  be 
required  to  furnish  by  the  mayor  or  comptroller  of  the  city. 

Sec.  4.  Assistant  counsel  may  be  employed  in  any  case  at  the 
discretion  of  the  mayor  or  common  council. 

ARTICLE  II. 

Of  the  City  Jittorney. 

Section  1.  It  shall  be  the  duty  of  the  city  attorney  : 

Fu'st — To  prosecute,  before  the  recorder  or  justice  of  the 
peace,  all  actions  on  behalf  of  the  city ; and  defend,  before  those 
officers,  all  actions  against  any  officer,  servant,  or  agent  of  tlie 
city,  on  account  of  his  official  acts. 


COUNSELOR  AND  ATTORNEY. 


297 


Scco7id — To  atteiid  to  the  prosecution  of  all  cases  in  behalf  of  to  prosecute  for 

^ state. 

the  State,  brought  before  the  recorder. 

Third — To  prosecute  or  defend,  in  any  court  of  record,  any  to  conduct  suits 

. . . , -111  in  courts, 

suit  or  action  originating  there,  when  required  by  the  mayor. 

Fourth — To  take  an  appeal  or  writ  of  error  on  behalf  of  the  to  take  appeals 

^ ^ for  city, 

city,  with  the  consent  and  approval  of  the  comptroller,  and  make 
the  necessary  affidavits  therefor,  and  execute  the  necessary  bond 
in  the  name  of  the  city. 

Fifth — To  attend  in  appellate  courts  to  all  appeals  or  writs  of  to  attend  in  ap- 
error  in  any  case  originating  before  the  recorder  or  justices  of 
the  peace. 

Sixth — To  advise  the  common*  council,  or  their  committees,  To  advise  city 
or  any  city  officer,  as  the  city  counselor  is  required  to  do. 

Sec.  2.  The  city  attorney  shall,  in  like  manner,  report  to  the  To  report  to 
comptroller  all  suits  and  judgments  in  favor  of  or  against  the 
city,  in  any  court  of  record,  which  it  is  the  duty  of  the  city 
attorney  to  prosecute  or  defend;  and  he. shall  make,  also,  quar- 
terly reports  to  the  comptroller  of  all  unsatisfied  judgments, 
their  date  and  amount,  recovered  in  favor  of  the  city  before  the 
recorder  or  any  justice  of  the  peace. 

Sec.  8.  Either  of  said  officers,  in  case  of  his  temporary  counsel  may  be 
absence  from  the  city,  sickness,  or  inability  to  attend  any  court  , city  counselor 
may,  at  his  OAvn  ex})ense,  Avitli  the  approbation  of  the  mayor,  • 

appoint  some  person  to  act  in  his  stead,  for  the  occasion,  in  city 
cases  ; and  Avhen  either,  before  assuming  his  office,  shall  have 
been  retained  as  counsel  adversely  to  the  city  in  any  case  to 
which  it  is  his  duty  to  attend  on  behalf  of  the  city,  he  shall 
inform  the  mayor  thei'oof,  Avho  shall  appoint  another  person  to 
rcqiresent  the  city  in  such  case. 

Approved,  September  8,  1894. 


* The  word  “city,’-  in  the  ori<rinal  ordinance,  Is  clninw-ed  to  “com- 
mon’’ by  ordinance  No.  5403,  approved  November  30,  1804. 


298 


ELECTIONS  AND  OFFICERS. 


(No.  5439.) 

ELECTIONS  AND  OFFICERS. 


AN  OEDINANCE  CONCEENING  ELECTIONS  AND  CITY  OFFICEES. 


Absence  of  officers  without  leave, 

penalty  for II,  ^ 11,  12 

how  permission  for  may  be 

obtained II,  12 

Appointed  officers^  how  re- 
moved  Ill,  17 

Appointment  of  officers,  how  made  II 

Assessors^  salary  of. VI,  1 

Attoi'ney  ( city ) , duty  of  to 

approve  bonds II,  5 

not  to  be  accepted  as  surety  on 

bonds II,  5 

notice  for  depositions  to  be 

served  on Ill,  12 

to  prosecute  imi:)eachments..III,  13 

salary  of. VI,  1 

Auditor^  to  draw  warrant  for 

election  expenses I,  1 

not  to  be  accepted  as  surety 

on  bonds II,  5 

not  to  pay  salary  of  officers 

holding  over II,  8 

to  draw  warrant  for  impeach- 
ment expenses Ill,  15 

salary  of VI,  I 

auditor’s  clerk,  salary  of VI,  1 

Ballot-boxes ^ register  to  deliver 

to  judges I,  7 

penalty  for  seizing  or  attempt- 
ing to  seize I,  10 

effect  of  seizing  or  carrying 

off. : I,  11 

when  to  be  sealed I,  13 

not  to  be  handled I,  18 

Ballots,  to  be  counted  and  certi- 
fied, how I,  12 

to  be  replaced  in  ballot-box, 

when I,  13 

not  to  be  examined,  when I,  18 

may  be  examined  by  con- 
testants  I,  23 

Bonds  ( city  ) , officers  not  to 

deal  in II,  18 

(official),  officers  to  give..1 1 , 3 

how  filed II,  3 

provisions  of II,  4 

approval  of II,  5 

what  officers  not  receivable  on  II,  5 
amounts  of,  of  certain  offi- 
cers  V, 

Bonds  (penal),  to  accompany  bids 

for  contracts II,  20,  27 

who  to  judge  sufficiency  of..  1 1,  27 
to  be  returned  to  bidders, 
when It,  28 


Certificates  of  election,  how  issued 

and  signed I,  I 15 

Certificates  of  votes,  how  made 

and  signed I,  14 

Charges  against  elective  officers, 

how  tried Ill, 

City  hall,  certain  offices  to  be 

kept  in II,  16 

City  officers  (see  officers) . 

Clerk  of  board  of  health,  salary 

of VI,  1 

Clerk  of  common  council,  to  no- 
tify register  of  confirma- 
tions   II,  8 

salaiy  of VI,  1 

Clerk  of  police  court,  salary  of.  VI,  1 
Clei'ks  of  election,  how  ap- 
pointed  I,  6 

duties  of I,  8 

penalty  for  interfering  with. ..I,  9 
fiiling  to  perform  duties,  pen- 
alty  I,  16 

compensation  of I,  19 

Commissions  to  officers,  regis- 
ter’s duties  concerning II,  6 

Committees,  salaiy  of. VI,  1 

Common  council , to  appoint 

judges  of  election I,  3 

elections  to  be  contested  be- 
fore  I,  21,  22 

members  of  not  to  be  accepted 

as  surety  on  bonds II,  5 

officers  to  submit  books  to  in- 
spection of II,  15 

officers  to  report  fees  to II,  19 

proceedings  before  in  im- 
peachments   Ill, 

compensation  of  members  of  VI , 1 

Compensation,  of  officers VI,  1 

of  judges  and  clei’ks  of  elec- 
tion.  I,  19 

Comptroller,  not  to  be  accepted 

as  surety  on  bonds II,  5 

officers  to  submit  books  to  in- 
spection of II,  15 

salary  of. VI,  I 

Comptroller's  clerks,  salaries  of.V I , I 
Contesting  elections,  proceedings 

in I,  21—23 

Contracts,  provisions  concern- 
ing  il, 

Counselor  (city),  to  approve  foi-m 

of  bonds II,  5 

not  to  be  accei>ted  as  sundy 
on  bonds H,  5 


ELECTIONS  AND  OEFICEllS. 


299 


Counselo7\  to  prosecute  imp(‘jicli- 
ineiit  of  city  attorney  III,  § 13 

salary  of. ? VI,  1 

Delinquent  tax  clei'k^  salaiy  of.. VI,  1 
Depositions,  in  contested  elec- 
tions  I,  23 

in  iinpeacliments Ill,  12 

Deputations , provisions  concern- 
ing-  IV,  2 

Deputies^  certain  officers  prohib- 
ited from  acting  as II,  17 

what  officers  may  appoint. ..IV.  1 

principles  liable  for IV,  3 

salaries  of. VI,  1 

Elections,  where  to  be  held I,  1 

expenses  of,  how  paid I,  1 

notice  of  to  be  given I,  2 

when  to  be  void I,  11 

contested,  proceedings  in  I,  21 — 23 
Engineer  (city),  not  to  be  accepted 

as  surety  on  bonds II,  5 

salary  of. VI,  1 

Fees  of  city  officers  to  be  paid 

into  treasury VI,  2 

Fire-alarm  telegi'aph,  salary  of 

operators  of. ^..YI,  1 

Fire  department,  fees  of  officers 

of VI,  1 

Fund  commissioner,  salary  of... VI,  1 

Harbor -7naster , salary  of. VI,  1 

Health  officer,  sahu-y  of. VI,  1 

Impeachment  of  city  offic.ers,  pro- 
visions concerning Ill, 

Inspector  of  vehicles,  salary  of... VI,  1 
Judges  of  election,  how  ai)point- 

ed I,  3.  4,  5.  17 

qualilications  of. I,  3 

to  appoint  clerks I,  (>,  17 

duties  and  powers...!,  8,9,12, 13, 14 
penalty  for  interfering  with... I,  9 
failiiijr  to  perform  duties,  pen- 
alty  I,  16 

compensation  of. 1,19 

Land  cominissioner , salary  of VI,  1 

Market -masters,  salarj^  of VI,  1 

Marshal  (city),  to  provide  rooms 

forelections I,  1 

to  certify  expenses  of  election..!,  1 
to  serve  process  for  common 

council Ill,  10 

salary  of. VI,  1 

Mayor,  to  appoint  places  for 

holding  elections I,  1 

to  approve  expenses  of  elec- 
tions  I,  1 

to  give  notice  of  elections I,  2 

when  to  appoint  judges  ot  elec- 
tion  I,  4 

when  to  order  new  election I,  11 

to  be  present  at  counting  votes  I,  14 
to  sign  certificates  of  election..!,  15 
to  approve  secinlties  on  bonds  11,5 
to  sign  officers’commissions...II,  6 
when  to  nominate  officers  ...II,  7 


Mayor,  duty  of  on  rejection  of 

nomination II,  I 8 

refusing  to  nominate,  officer 
holding  over  to  have  no  pay.. II,  8 
to  notify  iiresident  of  common 
council  before  leaving  city.. II, 13 
officers  to  submit  books  to  in- 
spection of. II,  15 

may  suspend  elected  officers..!!!,  I 
to  All  place  of  suspended  offi- 
cer  Ill,  2 

notice  of  depositions  to  be 

served  on Ill,  12 

may  remove  appointed  offi- 
cers  .i..III,  17 

salary  of. VI,  1 

mayor’s  secretary,  salary  of.. VI,  1 

Messenger  hoy,  salary  of. VI,  1 

Notice,  of  elections,  when  to  be 

given I,  2 

of  depositions,  how  served. .Ill,  12 
Nommations  for  office,  when  to 

be  made II,  7 

dutyof  mayor  on  rejection  of..II.  8 

officers  to  take.! II,  3 

who  authorized  to  administer  11,24 
Obligations  of  city , officers  not  to 

deal  in II,  18 

Office  hours  of  certain  officers... II,  25 

Officer,  term  construed VI,  3 

Officers,  qualifications  of. II,  1 

when  to  be  commissionetl II,  6 

oath  to  be  taken  b}^ TI,  3 

to  give  bonds II,  3 

certain,  not  to  be  accepted  as 

surety  on  bonds II,  5 

appointment  of. II,  7 

leaving  city,  office  of  vacated. .11, 11 
to  submit  books  for  inspec- 
tion   II,  15 

to  deliver  books,  etc.,  to  suc- 
cessor  II,  14 

prohibited  from  dealing  in 

city’s  paper II,  18 

to  report  amount  of  fees  re- 
ceived   II,  19 

penalty  against  for  violating 

duties 1 1 , 20 

term  of  ollice  of. II,  21 

to  assist  siu;c{‘ssors...- II,  23 

what,  may  administer  oaths..II,  24 

duty  ot,  ill  letting  contracts..! 1 , 27 

how  suspended  and  remov('d..IIl 
what,  may  appoint  dei)uties..IV,  1 

liability  of  for  (hquitics IV,  3 

amounts  of  bonds  of V 

salari(‘s  and  compensation  of..V I,  1 

to  jiay  lees  into  treasury VI,  2 

Penalties  for  certain  otfenses I,  10, 

16,  18;  11,  12,  20,  23;  III,  3 
Physician  at  hosjntal,  salary  of...  VI,  1 
Poll-books,  register  to  deliver  to 

judges I,  7 

who  may  examine I,  23 


300 


ELECTIONS  AND  OFFICERS. 


Elections^  where 
and  how  held. 


Marshal  to  pro- 
vide rooms. 


Expenses  of, 
how  paid. 


What  notice  re- 
quired for  elec- 
tions. 


President  of  common  council^  to 
notify  register  of  nomina- 
tions.   " II,  g 8 

when  to  act  as  mayor II,  13 

when  to  issue  subpoenas Ill,  10 

Qualifications  of  officers Ill,  1 — 3 

Recorder^  not  to  be  accepted  as 

surety  on  bonds II,  5 

salary  of. VI,  1 

Register  (of  water  rates),  salary 

of VI,  1 

Register  (city),  to  notify  judges 
of  election  of  appointment...!,  7 
to  deliver  ballot-boxes  to 

judges  of  election I,  7 

to  count  and  certify  votes I,  14 

to  issue  certificates  of  election  I,  15 

to  deliver  certain  ordinances  to 

judges I,  20 

not  to  be  accepted  as  suret}^  on 

bonds II,  5 

to  issue  officers’  commissions..II,  6 

salary  of VI,  1 

Regecte'd  ballots^  to  be  counted 

and  certified I,  12 

Removal  of  officers^  provisions 

for III. 

Reports  of  o fficers,  to  be  published 

and  recorded II,  22 

Salaries^  of  officers VI,  1 

officers  holding  over  not  to 

receive II,  8 

officers  suspended  not  to  re- 
ceive  Ill,  IG 

of  deputies,  principals  to 
pay IV,  3 


Securities  on  bonds  ^ mayor  to 

approve II,  ^ 5 

certain  officers  not  to  be  ac- 
cepted as II,  5 

Sergeant-at-ai'7ns  ^ salary  of. VI,  1 

Special  elections^  when  to  be 

ordered II,  10 

Street  inspectors,  salary  of VI,  1 

Subpoenas  for  witnesses,  who  to 

issue  on  impeachments Ill,  10 

Superintendents  of  streets,,  salaries 

of. VI,  1 

Superintendent  of  waterworks , not 
to  be  accepted  as  surety  on 

bonds IT,  5 

salary  of. VI,  1 

Superintendent  of  workhouse,,  not 
to  be  accepted  as  surety  on 

bonds TI,  5 

salary  of. VI,  1 

Suspension  of  officers,  provisions 

for Ill 

Tt'easurer  {city) , not  to  be  accept- 
ed as  surety  on  bonds IT,  5 

salary  of. VI,  I 

treasurer’s  clerk,  salary  of. ..VI,  1 
Vacancy  in  office , how  filled... II,  9,  10 

Voters,  when  to  elect  judges I,  5 

where  to  vote I,  8 

Weighers,  salary  of. VI,  1 

Witnesses,  how  subpoenaed  before 

council Ill,  10,  11 

fees  of. Ill,  14 

Wood-master,  salary  of. VI,  1 


Be  it  ordained  hy  the  Common  Council  of  the  City  of  St. 
Louis  : 


ARTICLE  I. 

Elections. 

Section  1.  All  elections  for  city  officers  sliall  be  held  at  such 
place  in  each  ward  as  the  mayor  may  direct,  and  according  to 
the  regulations  hereinafter  contained  ; and,  thereupon,  the  city 
marshal  shall  provide,  at  the  expense  of  the  city,  suitable  rooms 
for  the  judges  and  clerks  of  any  city  election ; and  upon  liis 
certificate  of  the  ai^iount  thus  expended,  and  with  the  approval 
of  the  mayor  and  comptroller,  the  auditor  shall  dra’w  Ids  warrant 
on  the  treasurer,  payable  out  of  the  appropriation  for  contin- 
gencies, unless  otherwise  directed. 

Sec.  2.  The  mayor  shall  give  ten  days’  pid)lic  notice  of 
the  time  and  place  of  holding  any  general  election,  and  five 


ELECTIONS  AND  OFEICERS. 


301 


days’  public  notice  of  tlic  time  and  place  of  holding  any  special 
election. 

Sec.  3.  There  shall  be  appointed,  annually,  by  the  board  of  Judges  of  eiec- 

1 1 1 . in-  tion  to  be  ap- 

coinmon  council,  six  judges  ror  each  ward  to  superintend  all  city  pointed. 

elections,  who  shall  be  citizens  of  the  United  States,  and  shall  QuaUAcations 
. . . . . ol- 

have  resided  in  the  ward  for  which  they  are  respectively  appointed 

at  least  two  years  next  preceding  their  appointment,  and  the  where  to  serve. 

board  of  common  council  shall  designate  the  poll  in  such  ward  at 

which  each  of  such  judges  shall  serve. 


Sec.  4.  If  any  person  so  appointed  decline  or  neglect  to 
serve,  the  board  of  common  council,  if  in  session,  shall  appoint 
others  to  serve  instead ; but  if  the  board  is  not  in  session,  the 
mayor  shall  appoint  the  judge  or  judges  to  serve  instead  of  the 
person  or  persons  declining  or  neglecting  to  serve. 

Sec.  5.  If  a vacancy  be  not  filled,  or  if  any  person  appointed 
fail  to  be  present  at  the  place  of  election  at  the  time  of  opening 
the  polls,  or,  being  present,  decline  serving,  a majority  of  the 
qualified  voters  then  and  there  present  may  elect  a qualified 
person  to  act  as  judge  of  that  election. 

Sec.  6.  The  judges  at  any  election  shall,  before  opening  the 
polls,  appoint  two  suitable  persons,  (pialified  voters  of  the  ward, 
to  act  as  clerks  of  the  election,  who  shall  make  and  subscribe  an 
oath  or  affirmation  faithfully  and  impartially  to  discharge  the 
duties  of  clerk ; but  no  officer  of  the  city,  or  candidate  for  any 
city  office,  shall  be  judge  or  clerk  of  any  city  election. 


Judges  declin- 
ing, how  others 
to  be  appointed. 


Vacancies  on 
day  of  election, 
v^^ters  to  till. 


Judges  to  ap 
point  clerks. 


Oath  to  be  taken 
by. 

Candidates  not 
to  act  as  clerks 
or  judges. 


Sec.  7.  The  city  ref^ister  shall,  at  least  three  days  before  the  Noticetobegiv- 

1 e 1 1 1-  1 • • e 7 • . en  to  judges. 

clay  set  ror  holding  an  election,  cause  notice  or  tiieir  ap])oint- 

ment  to  be  ffiven  to  the  iiuffies,  to  one  of  whom  he  shall  deliver  nai'^s  and  bai- 

o J o 7 ^ ^ ^ lot-box  deliver- 

a ballot-box  and  blank  poll-book,  with  the  necessary  certificates 
written  in  blank  therein. 


Sec.  8.  The  iudfi-es  shall  receive  the  ballot  of  every  {nullified  Regulations con- 

corning  the  re- 

votcr  offering  to  vote,  placing  thereon  the  number  of  such  ballot,  coiviug  of  votes. 

and  deposit  such  ballot  in  the  ballot-box,  which  shall  not  be 

opened  until  the  polls  are  closed ; and  the  clerks  shall  enter  in 

the  poll-books,  in  a fair  hand,  the  name  of  every  person  voting, 

recording  opposite  each  name  the  number  of  the  ballot ; also  the 

name  of  every  person  whose  vote  is  rejected,  and  opposite 

thereto  shall  note  the  fact  of  the  rejecting,  and  the  ballot  so 


302 


ELECTIONS  AND  OFFICERS. 


Voters  to  vote  rciected  sliall  be  deposited  in  a separate  box.  Voters  shall  vote 

where  they  re-  ^ 

only  in  the  wards  in  which  they  respectively  reside. 

Judges  to  pre-  Sec.  9.  The  jud^cs  shall  have  power  to  preserve  order  at  the 
cause  disturbers  polls,  aiid  to  Command  the  officer  in  attendance  to  arrest  and  take 

to  be  arrested.  ^ 

before  the  recorder  any  person  who  shall,  by  violent  or  turbulent 
conduct,  or  in  any  other  manner,  interfere  with,  hinder,  obstruct, 
disturb,  or  delay  the  judge  or  clerks  in  the  discharge  of  their 
Penalty  for  dis-  dutics,  01’  ally  votci’  ill  excrcisiiig  the  privilege  of  voting ; and 
tion"'^  for  any  such  offense  the  offender  shall  forfeit  and  pay  a sum  not 

less  than  ten  nor  more  than  one  hundred  dollars. 


Penalty  for  seiz- 
ing ballot-box 


If  ballot-box  is 
seized,  election 
to  be  void. 


Regulations  con 
cerning  the 
counting  and 
certifying  of 
votes 


Rejected  ballots 
to  be  certified 


Sec.  10.  Whoever  shall,  at  any  election,  seize,  or  attempt  to 
seize,  a ballot-box  or  poll-book,  with  the  purpose  of  carrying  the 
same  off  by  force,  shall  forfeit  and  pay  a sum  not  less  than  two 
hundred  and  fifty  nor  more  than  five  hundred  dollars. 

Sec.  11.  If  a ballot-box  shall  be  seized  and  carried  away  at 
any  election,  so  that  the  ballots  therein  cannot  be  counted,  the 
whole  election  shall  be  thereby  void,  and  a new  election  shall  be 
ordered  by  the  mayor. 

Sec.  12.  At  the  close  of  the  polls  the  judges  shall  proceed 
to  call  out  the  ballots  and  ascertain  the  number  of  votes  given 
for  each  person  voted  for,  and  shall  continue  the  counting  of  the 
ballots,  without  intermission,  until  all  are  counted,  when  they  shall 
immediately  certify  the  aggregate  number  of  votes  given  for 
each  person,  and  their  certificate  shall  be  attested  by  the  clerks. 
A like  examination  and  a separate  certificate  of  the  rejected 
ballots  shall  be  made  in  like  manner.  - 


Disposition  of 
ballots  after 
counting 


Poll-books  to  be 
delivered  to  re- 
gister. 


Register  to 
count  up  votes 
given. 


Sec.  13.  The  ballots  shall,  as  they  are  counted,  be  strung  by 
the  judges  on  a string  or  wire,  and  at  the  close  of  the  count 
replaced  in  the  ballot-box,  which  shall  be  locked  and  safely  sealed 
up  with  wax,  and  not  [be]  reopened  by  them,  or  with  their 
consent,  thereafter. 

Sec.  14.  At  the  hour  of  four  o’clock  in  the  afternoon  of  the 
next  day  following  that  of  any  election,  the  judges  shall  deliver 
the  ballot-boxes  and  poll-books,  with  their  certificate  as  aforesaid, 
to  the  register,  at  his  office ; and  the  register  shall  forthwith 
proceed,  in  the  presence  of  the  mayor  and  at  least  one  judge  of 
election  of  each  ward,  if  a general  election,  or  one  judge  of  the 
ward  in  which  the  election  was  held,  if  a ward  election,  to  count 
up  the  number  of  votes  certified  in  each  poll-book,  and  make  out 


ELECTIONS  AND  OFFICERS. 


303 


a certificate  stating  the  name  of  each  person  voted,  at  full  length, 
the  office  for  which  he  is  voted  for,  and  the  aggregate  number  of 
votes  given  to  each  person,  and  who  are  elected;  when  [which] 
certificate  shall  be  signed  by  the  mayor  and  the  judge  of  election 
present,  and  attested  by  the  register. 

Sec.  15.  The  register  shall,  on  the  next  day  after  making  the 
certificate  aforesaid,  make  out  and  deliver  a certificate,  under  the 
seal  of  the  city,  signed  by  the  mayor,  to  each  person  elected, 
setting  forth  the  office  to  which  he  is  elected. 

Sec.  16.  Any  judge  or  clerk  of  election  who  shall  have  com- 
menced serving  as  such,  and  shall  fail  to  perform  any  of  the 
duties  enjoined  on  him  by  law  or  ordinance,  except  for  a reason 
specified  in  the  next  succeeding  section,  shall  forfeit  and  pay  a 
sum  not  less  than  twenty  nor  more  than  five  hundred  dollars. 

Sec.  17.  If  any  judge  or  clerk  of  election,  after  entering  upon 
the  discharge  of  his  duties,  shall,  by  sickness  or  other  personal 
disability,  be  rendered  unable  to  continue  to  act,  another  may  be 
appointed  in  his  place : if  a judge,  by  a majority  of  the  qualified 
voters  present ; if  a clerk,  by  the  judges.  In  such  case  the  person 
substituted  shall  make  oath  as  hereinbefore  required ; and  the  fact 
of  substitution,  and  the  time  when  it  took  place,  shall  be  noted 
in  the  poll-book. 

Sec.  18.  No  judge  or  clerk  of  election  shall  examine,  or  suffer 
any  one  to  examine,  the  ballot  of  any  voter  handed  in  to  be 
deposited  in  the  ballot-box,  before  placing  the  same  therein  ; or 
permit  any  one  but  the  voter  handing  the  same  in,  or  one  of  the 
judges,  to  handle  the  .same  ; or  allow  any  person  but  one  of  the 
judges  to  handle  a ballot-box,  under  penalty  of  not  less  than  five 
nor  more  than  one  hundred  dollars. 

Sec.  19.  At  a general  election,  when  there  is  a full  ticket  of 
all  city  officers  to  be  elected,  the  pay  of  each  judge  and  clerk 
shall  be  eight  dollars;  at  a general  election,  when  only  councilmen 
are  to  be  elected,  six  dollars  ; and  at  all  special  elections,  four 
dollars. 

Sec.  20.  It  shall  be  the  duty  of  the  city  register  to  deliver  a 
copy  of  this  ordinance  to  each  of  the  judges  for  the  several  wards 
of  the  city,  at  least  one  day  previous  to  any  election. 

Sec.  21.  When  the  election  of  any  city  officer  shall  be  con- 
tested, it  shall  be  before  the  common  council,  at  any  regular 


To  certify  num- 
ber of  votes,  and 
who  elected. 


IIow  certificate 
shall  be  signed. 


Certificate  of 
election  to  be 
made  out. 


Penalty  for  ceas- 
ing to  act  as 
judge  or  clerk  of 
election. 


Judge  or  clerk 
becoming  dis- 
abled, how  sub- 
stitute may  be 
appointed. 


Substitute  to 
take  oath ; note 
to  be  made  in 
poll-book. 


Judges  not  to 
permit  ballot  to 
be  examined  or 
handled.  • 


Penalty  for 
handling  ballot 
or  ballot-box. 


Compensation  of 
judges  and 
clerks. 


Copy  of  ordi- 
nance to  be  de- 
livered to  judges. 


IIow  election 
may  be  contest- 
ed. 


304 


ELECTIONS  AND  OFFICERS. 


Notice  to  be 
given. 


Contents  of  no- 
tice; register  to 
be  notified;  no 
commission  to 
be  granted. 


Common  council 
to  recount  votes. 


To  hear  objec- 
tions to  voters. 


To  ascertain  bal- 
lot of  unquali- 
fied voter. 


To  hear  other 
objections  ; to 
award  certifi- 
cate to  person 
legally  elected 
and  qualified. 


Depositions  may 
be  taken  ; poll- 
books  may  be  ex- 
amined. 


Qualification  of 
officers. 


session  after  said  election  shall  be  held  ; and  the  person  contesting 
such  election  shall  give  to  the  opposite  party  notice  in  writing,  at 
least  ten  days  before  the  said  regular  meeting  of  said  council, 
specifying  the  grounds  upon  Avhich  he  expects  to  rely,  and  shall 
also  file  with  the  register  a copy  of  the  same ; and  no  certificate 
shall  be  made  out,  or  commission  granted,  to  any  person  until 
such  contest  is  heard  or  determined. 

Sec.  22.  At  the  first  stated  session  of  the  common  council, 
they  shall  proceed  to  recount  all  the  votes  cast  for  each  candidate, 
respectively,  and  shall  carefully  make  an  aggregate  of  the  same  ; 
they  shall  then  proceed  to  hear  and  determine  the  objections  to 
the  qualifications  of  any  voters,  upon  the  oral  and  written  testi- 
mony of  witnesses  produced  or  examined  by  either  party ; and  if 
it  appear  that  any  person  has  voted  who  wms  not  legally  qualified, 
they  shall  take  his  number  on  the  poll-book,  and  shall  find  the 
corresponding  ballot  and  make  a minute  of  the  same,  together 
with  the  name  of  the  person  for  whom  he  voted ; and  shall  thus 
proceed  through  the  poll-books,  noting  each  voter  whom  they  find 
unqualified,  and  the  person  for  Avhom  he  voted,  and  shall  make  an 
abstract  of  the  same.  They  shall  then  proceed  to  hear  all  and 
every  other  ground  of  contest,  and  shall,  by  resolution,  aw^ard  the 
certificate  of  election,  or  commission,  to  that  person  who  is,  in 
every  respect,  eligible,  and  who  shall  have  received  a plu- 
rality of  all  legal  votes  so  found  to  be  cast  at  any  election  as 
aforesaid. 

Sec.  23.  Either  party  may,  on  giving  notice  thereof  to  the 
other,  take  depositions,  to  be  read  as  evidence  on  the  trial ; and 
both  parties  shall,  in  the  presence  of  the  register,  have  the  privi- 
lege of  examining  the  poll-books  and  ballots,  either  separately  or 
together,  for  the  purpose  of  such  conduct  [contest]. 

ARTICLE  II. 

^/2ppointment^  Qualification  a7ul  Duties  of  OJJicey's^  and 
Miscellaneous  P7'ovisio7is  Concer7ii7i^  Oficers. 

Section  1.  Every  person  elected  or  appointed  to  an  office 
under  this  city  shall  be  a citizen  of  the  United  States,  over 
twenty-one  years  of  age,  and  shall  have  resided  in  tliis  city  at 
least  oue  year  next  preceding  his  election  or  appointment. 


ELECTIONS  AND  OFFICERS. 


305 


Sec.  2.  No  person  shall  perform  the  duties  of  an  office  to  Not  to  act  unless 

A ^ ...  commissioned. 

which  he  may  have  been  elected  or  appointed,  until  commissioned, 
as  hereinafter  provided. 

Sec.  3.  Every  person  so  elected  or  appointed  shall,  before  to  take  oath, 
entering  upon  the  duties  of  his  office,  make  and  subscribe  an 
oath,  before  a proper  officer,  that  he  will  support  the  constitution  Nature  of  oath, 
of  the  United  States,  and  of  this  State,  and  the  charter  and 
ordinances  of  the  city  of  St.  Louis,  and  faithfully  demean  him- 
self in  his  office  ; and,  when  bond  is  required,  shall  give  the  same  ; Give  bond, 
which  oath  and  bond  shall  be  filed  with  the  city  register. 

Sec.  4.  Official  bonds  shall  be  made  to  the  city  of  St.  Louis,  conditions  of 
and  shall  be  conditioned,  when  not  otherwise  prescribed,  for  the 
faithful  performance  by  the  officer  of  all  acts  and  duties 
required  of  him  in  his  office  by  any  law  of  the  State  of  Missouri, 
or  ordinance  of  this  city,  existing  at  the  date  of  the  bond,  or 
subsequently  passed. 

Sec.  5.  Such  bonds,  before  being  executed  or  approved  t>y 
the  mayor,  shall  be  presented  to  the  city  counselor,  or,  in  his 
absence  or  inability  to  act,  to  the  city  attorney,  for  his  approval 
of  the  form  thereof.  If  his  approval  in  that  respect  be  written 
thereon,  the  same  shall  be  executed  and  presented  to  the  mayor 
for  his  approval  of  the  security  offered,  which,  being  approved,  appJoveT 
the  register  shall  receive  and  file  such  bond : Provided^  That  no  Certain  officers 
person  shall  be  accepted  as  security  on  any  such  official  bond  ed  as  securities, 
who  is  at  the  time  a member  of  the  common  council,  or  acting  as 
city  comptroller,  city  auditor,  city  treasurer,  city  register,  eity 
engineer,  superintendent  of  waterworks,  superintendent  of  work- 
house,  city  recorder,  city  attorney,  or  counselor. 

Sec.  6.  Upon  said  oath  or  bond  being  filed  with  the  register,  oufeommisS! 
he  shall  deliver  to  the  person  elected  or  appointed,  except  mem- 
bers and  officers  of  the  council,  a commission,  in  the  name  of 
and  signed  by  the  mayor,  and  under  the  seal  of  the  city,  author- 
izing and  empowering  such  person  to  discharge  the  duties  of  the 
office  for  the  term  for  which  he  has  been  elected  or  appointed, 
and  until  his  successor  shall  have  been  duly  elected  or  appointed, 
and  commissioned. 

Sec.  7.  On  or  before  the  third  Monday  in  May,  in  each  year,  Se^cerunrof- 
the  mayor  shall  nominate  to  the  board  of  common  council  (if 
then  in  session,  if  not,  then  as  soon  thereafter  as  the  board  shall 
20 


306 


ELECTIONS  AND  OFFICERS. 


Proceedings  on 
rejection  of 
nominee. 


If  confirmed  no- 
tice to  be  given. 


Mayor  to  fill 
certain  vacan- 
cies. 


Vacancy  in 
elected  office, 
how  filled. 


Officer  leaving 
city,  office  va- 
cated. 


Officers  may  ob- 
tain leave  of  ab- 
sence. 


Penalty  for  ab- 
sence without 
leave. 


be  in  session),  for  their  advice  and  consent,  the  names  of  suit- 
able persons  to  fill  the  several  offices  under  the  city  government 
which  are  required  to  be  filled  by  his  appointment,  with  the  advice 
and  consent  of  that  board,  and  not  directed  by  ordinance  to  be 
nominated  at  some  other  time. 

Sec.  8.  If  any  nomination,  so  made,  be  rejected,  the  mayor 
shall  immediately  make  another  nomination,  who  shall  not  be  the 
same  person  as  was  rejected  ; jjrovided^  he  shall  not  be  requested 
by  the  council  to  renominate  the  same  person.  In  case  the  mayor 
shall  fail  or  refuse  to  nominate,  as  hereinbefore  required,  then  the 
auditor  is  hereby  instructed  not  to  pay  the  officer  holding  over, 
after  the  common  council  shall  have  adjourned  sine  die^  his 
salary.  If  the  nomination  is  confirmed,  the  president  and  clerk 
of  the  board  of  common  council  shall  certify  the  fact  to  the  city 
register,  who  shall  immediately  notify  the  appointee  thereof. 

Sec.  9.  If  a vacancy  occur,  while  the  council  is  in  session,  in 
any  office  which  is  filled  by  the  mayor’s  appointment,  the  mayor 
shall  immediately  nominate  a person  to  fill  the  same,  who,  when 
confirmed  by  the  board,  and  qualified  and  commissioned,  shall 
hold  the  office  for  the  unexpired  term  thereof.  If  the  council  be 
not  in  session,  the  mayor  shall  appoint  a person  to  fill  the  office 
until  the  next  stated  session  of  the  council,  when  a nomination  to 
fill  the  same  shall  be  made. 

Sec.  10.  If  a vacancy  occur  in  an  elective  office,  the  mayor 
shall  appoint  a person  to  fill  the  same  until  an  election  be  held 
and  a person  be  elected  ; and  he  shall,  unless  such  vacancy  occur 
within  one  hundred  days  before  the  time  of  holding  a general 
election,  immediately  order  a special  election  to  fill  the  same. 

Sec.  11.  Any  officer  of  this  city  who  shall  leave  the  same  with 
the  intention  of  residing  thereout  or  to  be  absent  therefrom, 
without  the  written  permission  of  the  mayor,  shall  thereby  vacate 
his  office,  and  the  mayor  shall  order  an  election,  or  fill  the  same, 
as  in  case  of  any  other  vacancy. 

Sec.  12.  An  officer  desiring  to  be  temporarily  absent  from 
the  city  shall  apply  to  the  mayor  for  leave  of  absence,  which 
may,  in  the  discretion  of  the  mayor,  be  granted,  in  writing, 
for  any  time  not  exceeding  twenty  days  ; and,  when  granted, 
shall  be  filed  with  the  register;  and  any  officer  who  sliall  be 
absent  from  the  city  more  than  one  week  without  such  leave 


ELECTIONS  AND  OEEICEllS. 


307 


shall  forfeit  and  pay  not  less  than  ten  nor  more  than  one 
hundred  dollars. 

Sec.  13.  If  the  mayor  shall,  at  any  time,  intend  to  be  absent 
from  the  city  more  than  one  week,  he  shall  notify  the  president 
of  the  board  of  common  council  thereof,  who,  during  the  mayor’s 
absence,  shall  exercise  all  his  duties  and  powers.  During  the 
mayor’s  absence  he  shall  receive  no  salary,  but  the  salary  of  his 
office  shall,  for  the  time,  be  paid  to  the  person  acting  as  mayor. 

Sec.  14.  Every  officer  shall,  upon  going  out  of  office,  deliver 
to  his  successor  all  books,  papers,  furniture,  and  other  things, 
appertaining  to  his  office. 

Sec.  15.  Every  officer  shall,  at  all  times  when  required,  sub- 
mit the  books  and  papers  of  his  office  to  the  inspection  of  the 
mayor  or  comptroller,  or  any  member  of  the  council. 

Sec.  16.  -The  mayor,  engineer,  auditor,  comptroller,  treas- 
urer, superintendent  of  the  waterworks,  recorder,  and  marshal, 
shall  keep  their  offices  in  the  city  hall,  or  in  such  other  place  as 
the  council,  by  ordinance,  may  provide. 

Sec.  17.  Neither  the  city  register,  city  auditor,  city  marshal, 
the  city  engineer,  city  treasurer,  comptroller,  nor  the  president 
of  the  board  of  assessors,  shall,  while  holding  office  under  the 
city,  hold  any  other  office  established  by  this  city  or  by  any  other 
authority,  except  that  of  notary  public,  and  offices  in  the  militia 
of  this  State  (when  not  in  actual  service),  or  act  as  deputy  of 
any  officer,  or  engage  in  any  business  or  avocation  which  will 
interfere  with  his  giving  full  and  constant  attention  to  the  duties 
of  his  office. 

Sec.  18.  No  officer  of  this  city,  nor  any  deputy,  clerk,  or 
employee  of  any  such  officer,  nor  any  servant  or  agent  of  this 
city,  shall,  directly  or  indirectly,  himself,  or  by  another,  for  his 
own  or  another’s  benefit,  deal  in  the  purchase  of  city  warrants, 
bonds,  or  other  obligations  of  this  city. 

Sec.  19.  All  officers  who  receive  fees,  in  addition  to  a stated 
salary,  as  Avell  as  those  Avho  are  entitled  to  receive  fees  or  com- 
missions only  for  their  services,  shall,  at  the  opening  of  each 
stated  session  of  the  council,  report  to  that  body,  under  oath, 
the  whole  amount  of  fees  and  commissions  received  by  them, 
respectively,  during  the  preceding  six  months. 

Sec.  20.  Any  officer  of  this  city  who  shall  refuse,  or  willfully 


Mayor  to  notify 
president  of 
common  council 
of  intended  ab- 
sence. 

Who  to  act  as 
mayor  in  his  ab- 
sence. 


Officers  to  de- 
liver books  to 
successors 


Officers  to  sub- 
mit books  for  in- 
spection 


Certain  offices, 
wliere  to  be 
kept. 


Certain  officers 
to  hold  no  other 
office,  nor  en- 
Kiige  in  other 
avocation. 


Officers  not  to 
purchase  war- 
rants. 


Fees  received  to 
be  reported  to 
common  council. 


Penalty  for  mis- 
conduct in  office. 


308 


ELECTIONS  AND  OFFICERS. 


Official  term  of 
officers.  ■ 


Reports  to  be 
published  and 
recorded. 


Officers  to  give 
information  to 
successor. 


Penaltj’^  for  re- 
fusing. 


Certain  officers 
may  administer 
oaths. 


Office  hours  of 
certain  officers. 


Ailvertisements 
for  contracts  to 
contain  certain 
provisions. 


fail  or  neglect,  to  perform  any  duty  enjoined  upon  him  by  law  or 
ordinance,  or  shall,  in  the  discharge  of  his  official  duties,  be 
guilty  of  any  fraud,  extortion,  oppression,  favoritism,  partiality, 
or  willful  wrong  or  injustice,  shall  forfeit  and  pay  a sum  not 
exceeding  five  hundred  dollars,  and  may  be  removed  from  office. 

Sec.  21.  All  officers  of  this  city,  unless  otherwise  provided  by 
law  or  ordinance,  shall  hold  office  for  one  year,  and  until  their 
successors  shall  be  duly  elected  or  appointed,  and  qualified  ; and 
their  terms  of  office,  where  not  otherwise  directed,  shall  com- 
mence on  the  first  Monday  in  June  in  each  year. 

Sec.  22.  All  reports  which  officers  are  obliged  to  make  to  the 
council  shall  be  published ; and  all  such  reports  and  other  official 
communications  from  city  officers  to  the  council  shall  be  spread 
at  large  on  the  record  of  the  board. 

Sec.  23.  It  shall  be  the  duty  of  the  old  city  officers  to  remain 
with  their  successors  at  least  two  Aveeks  after  they  are  qualified, 
and  give  them  all  information  in  their  poAver  relative  to  their 
respective  offices,  if  so  required ; and,  if  they  refuse  so  to  do, 
they  shall  be  deemed  guilty  of  a misdemeanor,  and  subject  to  a 
fine  of  not  less  than  one  hundred  dollars. 

.Sec.  24.  The  mayor,  register,  auditor,  comptroller,  treasurer, 
clerk  of  the  recorder’s  court,  city  engineer,  superintendent  of  the 
waterworks,  harbor-master,  lumber-measurers,  Avood-master,  mar- 
ket-masters, assessors,  and  collectors,  are  hereby  autliorized  and 
empowered  to  administer  oaths  and  affirmations  in  all  cases 
relating  to  the  several  duties  of  said  offices,  respectiAxly. 

Sec.  25.  The  comptroller,  auditor,  register,  treasurer,  register 
of  waterworks,  and  president  of  the  board  of  assessors,  are 
directed  to  keep  tlieir  respective  departments  open  daily  (Sun- 
days excepted)  for  the  transaction  of  business  ; and  the  presence 
of  themselves  or  their  first  assistant  is  required  therein  from 
nine  o^clock  A.  M.  until  four  p.  M.:  Provided^  /loivevcr,  That 
nothing  herein  contained  shall  be  so  construed  as  to  prevent  the 
register  ot*  Avater-rates  from  closing  his  office  to  the  public  at 
three  o’clock  p.  M. 

Sec.  26.  Whenever  any  of  the  city  officers  advei’tise  to  let  out 
any  contracts  to  the  loAv^est  and  best  bidder,  they  shall  insert  in 
said  advertisement  the  following:  “No  bid  Avill  he  received 
unless  the  person  or  persons  offering  to  take  the  said  contract 


ELECTIONS  AND  OEFICEllS. 


309 


shall  inclose  in  their  proposal  the  obligation  of  himself  and  one 
responsible  person,  binding  themselves  to  pay  to  the  city  of  St. 

Louis  the  snm  of  two  hundred  dollars  in  case  the  said  bidder  or 
bidders  shall  refuse  to  take  the  contract  at  the  price  of  their  bid, 
in  case  the  said  contract  shall  be  awarded  to  them.” 

Sec.  27.  The  officer  or  officers  letting  out  the  contract  shall  sufficiency  oi 

° ^ bonds,  who  to 

judge  of  the  sufficiency  of  such  bonds,  and  no  bid  shall  be  determine, 
regarded  by  him  or  them  as  valid  if  the  bonds  shall  be  deemed 
insufficient. 

Sec.  28.  All  bonds  that  may  accompany  bids  under  this  ordi- 
nance  shall  be  canceled  and  given  up  to  the  respective  bidders, 
whenever  the  contract  with  any  one  of  them  shall  be  closed,  and 
he  shall  have  given  bonds  for  the  performance  of  said  contract. 

ARTICLE  III. 


Susjjension  and  Removal  of  Officers. 


Section  1.  The  mayor  shall  have  power  to  suspend  from  office 
any  elective  officer  who  shall  willfully  violate  any  of  his  official 
obligations. 

Sec.  2.  Such  suspension  shall  be  effected  by  an  order  filed  by 
the  mayor  with  the  register,  accompanied  with  a statement  of  the 
charges  upon  which  the  same  is  founded,  a copy  of  which  order 
and  charges  shall  be  immediately  delivered  to  the  officer  suspended  ; 
after  which  delivery  such  officer  shall  not  exercise  any  of  the 
duties  of  the  office  from  which  he  shall  have  been  suspended, 
under  a penalty  of  not  less  than  fifty  dollars. 

Sec.  3.  Immediately  upon  the  suspension  of  an  officer,  the 
mayor  shall  appoint  a person  to  fill  the  office  for  the  time  being. 

Sec.  4.  The  charges  preferred,  as  aforesaid,  the  mayor  shall 


Mayor  may  sus- 
pend officers. 


Suspension,  bow 
effected. 


Penalty  for  act- 
ing after  suspen- 
sion. 


Vacancy  cre- 
ated by  suspen- 
sion to  be  filled. 

Charges  to  be 
laid  before  coun- 


immediately  lay  before  the  council,  if  in  session;  if  not,  at  its  cii. 
first  meeting ; and  the  council  shall,  without  unnecessary  delay, 
proceed  to  investigate  such  charges  in  the  manner  hereinafter 
provided. 


Sec.  5.  Whenever  every  [any]  officer  shall  have  been  suspended  committee  to 
as  aforesaid,  or  shall  be  charged  with  willful  violation  of  any  of  his  charges, 
official  obligations,  or  with  culpable  official  negligence  or  derelic- 
tion of  duty,  or  with  conduct  inconsistent  with  his  official  character 
and  duty,  or  with  official  incompetency,  the  council  shall  appoint 


310 


ELECTIONS  AND  OFFICERS. 


When  to  report 
charges. 


Copy  of  charges 
to  be  served  on 
accused. 


Council  to  hear 
evidence. 


Vote  on  the 
charges. 


Form  of  ques- 
tion. 


Two-thirds 
necessary  to 
convict. 


Vacancy  to  be 
filled. 


Proceedings  to 
be  recorded. 


Subpoenas,  how 
issued  and 
served. 


Fees  for  serving 
subpoenas. 


a committee  of  two  members  to  inquire  into  the  truth  of  said 
charges;  who,  if  they  deem  the  same  well  founded,  shall  frame 
and  report  to  the  board  charges  and  specifications  against  such 
officer ; and  the  council  shall  appoint  a day  for  hearing  and 
determining  the  same. 

Sec.  6.  A copy  of  such  charges  and  specifications,  with  a 
notice  of  the  day  set  for  hearing  the  same,  shall  be  served  on  the 
accused  at  least  five  days  before  the  day  of  hearing. 

Sec.  7.  Upon  the  day  so  set  the  council  shall  meet  and  pro- 
ceed, according  to  the  rules  of  the  board,  to  hear  the  evidence 
against  and  for  the  accused ; adjourning  from  time  to  time,  as 
may  be  necessary,  until  all  the  evidence  shall  have  been  given. 

Sec.  8.  Within  three  days  after  the  evidence  shall  have  been 
taken,  the  council  shall  vote  by  ayes  and  noes  upon  each  charge 
and  specification,  separately.  The  question  upon  each  charge 
shall  be:  “Is  the  accused  guilty?”  If  the  council,  by  a two - 
thirds  vote  of  the  board,  find  the  accused  guilty  of  either  of  the 
charges,  they  may  resolve  that  he  be  removed  from  office  ; and,  if 
[they]  so  resolve,  they  shall  notify  the  mayor  thereof,  who  shall 
thereupon  order  an  election,  or  appoint  a person  to  fill  such  a 
vacancy,  as  the  case  may  require. 

Sec.  9.  The  proceedings  of  the  council,  as  aforesaid,  shall  be 
entered  at  large  on  the  journal  of  the  board. 

Sec.  10.  Subpoenas  for  witnesses  to  testify  on  any  trial,  as 
aforesaid,  shall  be  issued  by  the  president  of  the  board  of  common 
council,  and  shall  be  served  and  returned  by  the  city  marshal,  in 
like  manner  as  if  issued  by  the  recorder,  and  the  same  fee  shall 
be  allowed  him  as  for  serving  and  returning  subpamns  issued  by 
that  officer. 


Penalty  for  dis- 
obeying sub- 
poena. 


Depositions  to 
be  read  on  trial, 
when. 


Notice  for  tak- 
ing depositions, 
how  served. 


Accused  to  be 
heard. 


Sec.  11.  Any  witness  who  shall  neglect  to  obey  such  subpoena, 
or,  appearing,  shall  refuse  to  testify,  may  be  punished  by 
imprisonment  or  fine,  or  both. 

Sec.  12.  Depositions  of  witnesses  beyond  the  jurisdiction  of 
the  council,  or  disabled  by  sickness  or  other  causes  from  attend- 
ance, may  be  read  on  the  trial,  if  taken  in  conformity  to  tlie  laws 
of  this  State.  The  notice  of  the  taking  thereof,  wlien  taken  on 
behalf  of  tlie  accused,  shall  be  served  on  the  city  attorney,  oi*,  in 
his  absence  or  disability  to  act,  on  the  mayor. 

Sec.  18.  Upon  any  trial  had,  as  aforesaid,  the  accused  shall 


ELECTIONS  AND  OFFICERS. 


nn 


be  entitled  to  be  heard  by  himself  or  counsel  in  his  defense,  and 
the  city  attorney  shall  attend  the  trial  and  prosecute  on  behalf  of 
the  city,  unless  he  be  accused,  when  the  city  counselor  shall 
prosecute. 

Sec.  14.  Witnesses  upon  such  trial  shall  be  entitled  to  the  Witnesses  enti- 

„ , , , , tied  to  fees. 

same  tees  as  tor  attendance  on  the  recorder  s court. 

Sec.  15.  When  the  accused  is  found  guilty  and  removed  from  costs  of  pro- 
office,  he  shall  be  adjudged  by  the  council  to  pay  all  costs  of  paial"^' 
the  trial,  for  which  execution  shall  be  issued  by  the  president  of 
the  board.  If  acquitted,  that  officer  shall  certify  the  amount  of  the 
costs,  and  the  names  of  the  persons  to  wdiom  they  are  due,  to  the 
auditor,  who  shall  draw  his  warrant  on  the  treasurer,  in  favor  of 
each  person,  for  the  amount  due  him. 

Sec.  16.  No  officer  shall  receive  any  .salary  during  the  time  he  officers  to  re- 
shall be  absent  from  the  city  without  leave,  or  during  the  time  he  when, 
shall  be  suspended  by  the  mayor  for  a supposed  misdemeanor  in 
office,  nor  until  the  council  shall  decide  the  case. 

Sec.  17.  Nothing  in  the  preceding  section  shall  apply  to  any  Appointed  offi- 
officer  appointed  by  the  mayor  and  approved  by  the  board  of  mive™bymaym. 
common  council ; but  all  officers  appointed  the  mayor  shall  have 
power  to  remove. 


ARTICLE  IV. 

Of  the  Deputies  of  Officers. 

Section  1.  The  cit}^  register,  city  comptroller,  city  treasurer,  certain  officers 
clerk  of  the  recorder’s  [police]  court,  and  city  engineer,  may,  with  IiepuUes.”^'^^ 
the  consent  of  the  mayor,  appoint  one  or  more  deputies,  in  addi- 
tion to  the  deputy  comptroller  and  auditor’s  clerk,  allowed  by  ordi- 
nance, who  shall  be  citizens  of  the  United  States'  and  citizens  of  Quaimcations. 
the  State  of  Missouri,  and  not  less  than  twenty-one  years  of  age. 

Sec.  2.  Deputations  shall  be  in  Avriting,  and  filed  with  the  city  Deputations  to 
register;  shall  be  revoked  at  the  pleasure  of  the  principal;  and 
shall  authorize  the  performance  of  ministerial  acts  only. 

Sec.  3.  The  principal  shall  be  liable  for  the  acts  of  his  pi  Inclpal  liable 
deputies  as  if  they  were  his  own,  and  shall  pay  their  salaries, 
urdess  when  otherwise  provided  by  ordinance. 


ELECTIONS  AND  OFFICERS. 


m 


ARTICLE  V. 

Official  Bonds. 

Amount  of  SECTION  1.  The  official  bonds  of  the  following  officers  shall  be 

bonds  for  differ-  • rm  r*  i i 

ont  officers.  in  the  lollowing  sums,  to-wit:  The  fund  commissioner,  one  hun- 
dred thousand  dollars ; the  comptroller,  sixty  thousand  dollars ; 
the  auditor,  register,  engineer,  counselor,  marshal,  and  harbor- 
master, ten  thousand  dollars  each ; the  treasurer,  sixty  thousand 
dollars ; the  collectors  of  the  fifth  and  sixth  wards,  fifty  thousand 
dollars  each ; all  others,  twenty-five  thousand  dollars  each,  with 
at  least  four  sufficient  securities  ; superintendent  of  waterworks, 
fifteen  thousand  dollars  ; the  register  of  water-rates,  ten  thousand 
dollars  ;*  land  commissioner,  ten  thousand  dollars ; president  of 
the  board  of  assessors,  three  thousand  dollars  ; assistant  assessors, 
two  thousand  dollars  each ; superintendent  of  workhouse,  five 
thousand  dollars  ; street  inspectors,  two  thousand  dollars  ; resident 
physician  at  city  hospital,  one  thousand  dollars  ; steward  and 
matron  of  city  hospital,  one  thousand  dollars  each  ; steward  of 
quarantine,  one  thousand  dollars  ; wood-master,  two  thousand 
dollars ; chief  engineer  of  the  fire  department,  ten  thousand 
dollars  ; chief  operator  fire-alarm  telegraph,  five  thousand  dollars  ; 
'clerk  of  policef  court,  one  thousand  dollars  ; the  market-masters 
of  the  City,  the  Center,  and  North  markets,  five  thousand  dollars 
each ; the  lumber-measurers,  three  thousand  dollars  ; the  city 
attorney,  two  thousand  dollars ; the  weighers  of  hay  and  stone 
coal  at  the  city  scales,  one  thousand  dollars  each. 

ARTICLE  VI. 

Salaries  and  Compensation. 

Salaries  of  dif-  SECTION  1.  Tlic  scveral  officci’s  and  employees  hereinafter 

rcrent  officers,  sliall  rcccivc  the  following  compensation  per  annum  for 

Mayor  and  tlioir  sorvicos,  to-wit : Mayor,  four  thousand  dollars  ; mayor’s 
secretary,  fifteen  hundred  dollars  ;J  comptroller,  two  thousand 

* The  words  “collectoi-s  of  water-rates,”  in  the  original  ordinance,  are 
repealed  by  ordinance  No.  5 488. 

fTlie  word  “recorder’s,”  in  the  original  ordinance,  is  changed  to 
‘ ‘ police  ’ ’ by  ordinance  No.  5,488. 

JThe  words  “one  thousand,”  in  the  original  ordinance,  are  changed  to 
‘ ‘ tifteen  hundred  ’ ’ by  ordinance  No.  5,484. 


ELECTIONS  AND  OFFICERS. 


313 


and  five  Imiulrcd  dollars  ; deputy  comptroller,  sixteen  hundred 
dollars;  comptroller’s  clerk,  twelve  hundred  dollars;  register, 
two  thousand  dollars  ; deputy  city  register,  twelve  hundred  dol- 
lars ; auditor,  two  thousand  and  five  hundred  dollars  ; auditor’s 
clerk,  one  thousand  and  five  hundred  dollars ; treasurer,  two 
thousand  dollars ; clerk  of  city  treasurer,  nine  hundred  dollars ; 
clerk  of  the  hoard  of  common  council,  two  thousand  dollars, 
until  the  fiscal  year  commencing  on  the  second  Monday  in  April, 
1865,  after  which,  fifteen  hundred  dollars  ; superintendent  of 
waterworks,  two  thousand  and  five  hundred  dollars,  payable  out 
of  waterworks  fund;  register  of  water-rates,  two  thousand  and 
five  hundred  dollars,  payable  out  of  waterworks  fund;  city 
engineer,  three  thousand  dollars  ; two  assistant  engineers,  each 
eighteen  hundred  dollars  ; book-keeper  to  city  engineer,  eleven 
hundred  dollars ; draughtsman,  twelve  hundred  dollars ; three 
superintendents  of  streets,  each  one  thousand  dollars ; five  street 
inspectors,  each  nine  hundred  dollars  ; harbor-master,  two  thou- 
sand dollars  ; three  deputy  harbor-masters,  each  nine  hundred 
dollars  ; city  attorney,  two  thousand  and  five  hundred  dollars  ; 
recorder,  two  thousand  and  five  hundred  dollai-s  ; clerk  of  police* 
court,  thirteen  hundred  and  twenty  dollars  ; city  marshal,  fifteen 
hundred  dollars  ; three  deputy  marshals,  each  nine  hundred  and 
fifty  dollars  ; chief  engineer  of  the  fire  department,  two  thousand 
dollars  ; two  assistant  engineers  fire  department,  one  of  Avhom 
shall,  in  addition  to  his  other  duties,  act  as  secretary  of  the 
board  of  fire  engineers,  each  fourteen  hundred  dollars  ; engineers 
of  fire  engines,  each  eleven  hundred  dollars  ; stewards,  drivers, 
and  firemen  of  engines,  each  eight  hundred  and  forty  dollars  ; 
sergeant- at- arms,  nine  hundred  dollars  ; messenger  boy,  three 
hundred  dollars  ; health  officer,  eighteen  hundred  dollars  ; clerk 
of  board  of  health,  one  thousand  dollars,  payable  monthly,  out 
of  appropriation  for  health  department;  resident  physician  at 
hospital,  fifteenf  hundred  dollars  ; superintendent  of  workhouse, 
twelve  hundred  dollars  ; city  counselor,  eighteen  hundred  dollars  ; 
land  commissioner,  fifteen  hundred  dollars;  fund  commissioner,  five 


Comptroller  and 
clerks. 

Register  and 
deputy. 


Auditor  and 
clerk. 

Treasurer  and 
clerk. 


Clerk  of  council 


Waterworks. 


Register  of  wa- 
ter rates. 


City  engineer 
and  officers. 


Street  inspect- 
ors. 

Harbor  master 
and  deputies. 


City  attorney. 


Recorder  and 
clerk. 


City  marshal 
and  deputies. 


Officers  of  Are 
department. 


Sergeant-at- 
arms  and  mes- 
senger. 

Health  oftlcers. 
Physicians. 

Superintendent 
workhouse. 
Counselor. 
Land  commis- 
sioner. 


*Tliewoi‘(l  “recorder’s,”  hi  tlie  original  ordinance,  is  clianoed  to 
“police”  by  ordinance  No.  5,488. 

fTlie  word  “twelve,”  in  tlie  original  ordinance,  is  changed  to 
“fifteen”  by  ordinance  No.  5,484. 


314 


ELECTIONS  AND  OFFICERS. 


fionerTiSeL  liundrcd  dollaTs;  inspector  o£  vehicles,  eight  hundred  dollars;  presi- 
assessors.  dent  of  board  of  assessors,  two  thousand  and  five  hundred  dollars  ; 

five  assessors,  each  nine  hundred  dollars  ; first  clerk  to  assessor, 
twelve  hundred  dollars ; second  clerk  to  assessor,  one  thousand  dol- 
weighers.  lars  ; third  clerk  to  assessor,  nine  hundred  dollars  ; weighers  of 
north  and  south  levee  coal  scales,  each  nine  hundred*  dollars  ; mar- 
Market-masters.  Pet_niasters  of  the  City,  Center,  and  North  markets,  each  eight 
Wood-master,  hundred  dollars  ; wood-master,  one  thousand  and  twenty  dollars  ; 
aiTrmTeiegrapL  tnanager  of  fire-alarm  telegraph,  fourteen  hundred  dollars  ; three 
assistant  operators,  each  eleven  hundred  dollars  ; the  members 
Board  of  health,  of  the  board  of  health  shall  each  receive  two  dollars  for  each 
meeting,  when  present,  and  no  excuse  for  absence  shall  entitle 
a member  to  receive  the  per  diem,  or  any  allowance,  when  so 
a meeting  of  the  board  ; quarantine  physician,  twelve 
Engineer  of  hos-  hundredf  dollai's  ; engineer  of  city  hospital,  six  hundred  dollars, 
payable  monthly,  out  of  appropriation  for  health  department ; one 
h^se^^ foreman  at  workhouse,  five  hundred  and  forty  dollars  ; one  gate- 
keeper at  workhouse,  who  shall  keep  the  books,  nine  hundred 
dollars  ; four  overseers,  each  seven  hundred  dollars  ; seven  guards 
^^fuee?  workhouse,  each  seven  hundred  dollars.  The  members  of  the 
committee  on  waterworks,  committee  on  streets  and  alleys,  the 
board  of  fire  engineers,  committee  on  sewers,  and  committee  on 
workhouse,  shall  each  receive  a compensation  of  two  dollars,  and 
the  committee  on  house  of  refuge  of  two  dollars  and  fifty  cents, 
for  each  meeting  at  which  he  is  present ; and  no  excuse  for 
absence  shall  entitle  a member  to  receive  any  compensation.  The 
compensation  of  the  members  of  the  common  council  shall  be 
two  hundred  and  fifty  dollars  for  each  regular  session,  from  which 
the  sum  of  five  dollars  shall  be  deducted  for  each  day  on  which 
any  member  shall  be  absent,  without  leave  of  the  president  or 
board,  from  any  meeting  during  a regular  session.  The  clerk  of 
the  common  council  shall  certify  to  the  auditor,  at  the  close  of 
each  session,  the  number  of  days,  if  any,  at  which  each  member 
was  absent.  For  each  called  session  the  members  shall  be  entitled 
to  a compensation  of  three  dollars  for  each  day  at  which  they 

*The  words  “ seven  luindred  and  twenty,”  in  the  ori^i^inal  ordinance, 
are  changed  to  “ nine  hundred  ” l)v  ordinance  No.  5,484. 

f Tlie  words  “ one  thousand,”  in  tlie  original  ordinance,  are  elnui^ed 
to  “twelve  hundred”  by  ordinance  No.  5,484. 


ENGINEER  DEPARTMENT. 


PG5 


were  present,  to  be  certified  to  the  auditor  by  the  clerk.  Tbe 
translator  shall  receive  a coni])ensation  ot!  twenty-five  cents  for  Transiaiur. 
each  s(piare  of  sixteen  lines,  nonpareil  type,  translated  by  him. 

Sec.  2.  The  salaries  specified  in  the  first  section  of  this  article  salaries  to  be 

t compensation  in 

shall  be  in  full  compensation  for  the  services  of  each  officer  and  paidhn'trtlea^ 

einjiloyee  therein  named  ; and  all  fees  or  commissions,  of  what- 

soever  character,  paid  to  or  authorized  to  be  collected  by  them,  or 

either  of  them,  or  by  any  other  officer  or  employee  of  the  city, 

shall  be  paid  into  the  city  treasury  on  the  Saturday  of  each 

week. 

Sec.  3.  The  word  officer,”  whenever  used  in  the  ordinances  Term  “omcer” 

construed. 

of  the  city,  shall  be  construed  as  meaning  all  persons  elected  by 
the  people  of  the  city  (except  members  of  the  council),  and  all 
persons  appointed  by  the  mayor,  subject  to  the  approval  of  the 
council,  who  shall  have  been  commissioned  and  qualified  under 
any  ordinance  of  the  city. 

Approved,  September  9,  1864. 


(No.  5399.) 

ENGINEER  DEPARTMENT. 

AN  OEDINANCE  ESTABLISHING  AND  EEGULATING  THE  ENGINEER 

DEPARTMENT. 


Alleys,  eu^inocr  to  carry  out 

ordliiancc.s  conceriihi^', I,  § 3 

Low  improved .Ill,  1,  35 

improvement  of,  Low  jtaid,  III,  1 
engineer  to  keep  in  i-(*pair...TII,  3 

repairs  of.  liow  itaid Ill,  3,  35 

to  be  paved  after  building 




to  be  i'(?paired 

after 

laving 

g^rs-pipe 

......III 

N 17 

to  be  n'paired 

after 

laying 

water-pipe 

....:. .11 

i,  iG 

proceedings  to  etleet  j^rading, 

etc.,  of. Ill,  35 

Assessuj's,  duty  of  concerning 

yost  of  district  sewers V,  14 

Assistant  e.7i(fine.erH , Low  api)oint- 

ed,  etc,: I,  1;  11,  5,  (5;  V,  0 

Attorneys  , duty  of  to  ap- 
prove contracts 1,  12 


Auditor,  copies  of  contracts  to 

be  furnisLed  to I,  g 12 

accounts  to  be;  eertilied  to 

1,  15;  11,  5 

special  tax  bills  to  be  deliv- 
ered to Ill,  4 

to  report  eonc.erning  distriet 

sewcMs V,  14 

Awning -posts,  dii'cetions  (a)n- 

eefning Til,  27,  30 

l)enalty  for  ere(;ting  eontraiy 

to  ordinance.. Ill,  30.  32 

penalty  for  fastening  animals 

to IV,  1 

penalty  lor  injuring IV,  0 

Beasts  of  burden,  otf(MiS(‘s  eou- 

eeiuing IV,  1 

Bids  for  public  work,  i)rovisions 

coneeruing I,  0,  8 

Blocks,  engineer  to  number I,  3 


m 


ENGINEER  DEPARTMENT. 


Bonds  ^ siiperiiitencleiits  of  streets 

to  tyive 11,  ^ 7 

to  accoiiipjuiy  bids  for  public 

work I,  7 

to  l)e  ^iveii  on  coiitractinof  for 

work I,  9 

to  be  j^iven  on  making  sewer 

conneetions ...V,  9,  15 

Books  in  engineer’s  office,  open 

to  inspection I,  16 

Bow-windows  projecting  over 

sidewalk IV,  7 

Brackets,  penalty  for  injuring,  IV,  14 
Broken  rocks,  regulations  for 

macadamizing  with Ill,  25 

Building  materials,  what  space 

to  occupy IV,  7 

Carriage-way,  cost  of  repaving, 

bow  paid Ill,  3 

Cellar -doors,  regulations  con- 
cerning  Ill,  6,  7 

penalty  for  leaving  open IV,  6 

Chief  engineer  of  fire  dejwrtment , 
to  assign  space  for  building 

materials IV,  7 

Clerks  to  city  engineer,  appoint- 
ment of,  etc II,  1,  6 

Common  council,  contracts  to  be 

approved  by I,  12 

engineer  to  report  to I,  3 

sewer  committee  to  report  to..V,  3 

Co7itractors , to  give  security  on 

contracting  for  work I,  9 

accounts  of,  to  be  certified  by 

engineer I,  15 

Contracts,  regulations  concern- 
ing  I,  9,  14 

for  sewers,  engineer  to  pre- 
pare  V,  4 

sewer  committee  to  super- 
vise  V,  3 

for  removal  offal  from  sewers  V , 16 

who  to  approve  form  of. I,  12 

Counselor  ( city  ) , to  approve 

form  of  contracts I,  12 

Crossing,  obstructing  with  ve- 
hicle  IV,  11 

Curbing,  cost  of,  how  paid Ill,  3 

wheii  to  be  set Ill,  2 

regulations  concerning Ill,  14 

D ang er ous  places,  to  be  in- 
closed  IV,  15 

engineer  to  notify  owners  to 

inclose IV,  16 

engineer  to  cause  to  be  filled 

u)) IV.  17 

Depressions  below  grade,  to  be 

inclosed IV,  15 

engineer  to  notify  owners  to 

inclose IV,  16 

engineer  to  cause  to  be  filled 

up,  etc IV,  17 

District  sewers,  regulations  con- 
cerning  V,  10,  15 


District  sewet's,  sewer  commit- 
tee to  report  bills  for V,  ^ 11 

cost  of,  how  paid V,  13,  14 

connections  with,  how  made  V,  15 
Draining  of  city,  sewer  commit- 
tee to  have  charge  of. V,  3 

Draughtsman  to  city  engineer, 

employment  of,  etc II,  6 

Employees  in  engineer  depart- 
ment, regulations  pend- 
ing?  n,  1,  6 

Engineer  (city)  , qualifications 

of. I,  1 

oath  to  be  taken  by I,  2 

general  duties  of. I,  3,  4,  5 

to  approve  surety  for  con- 
tracts   I,  9 

to  keel)  alleys,  streets,  etc.,  in 

repair Ill,  3 

to  certify  accounts  of  con- 
tractors  I,  15 

duties  of,  in  sewer  committee  V,  4 
to  cause  sidewalks  to  be  paved, 

when Ill,  2 

to  appoint  superintendent  of 

lamps VI,  2 

to  contract  for  making  sewer 

connections,  etc VII,  1 

to  contract  for  removing  offal 

from  sewers V,  16 

to  notify  owners  to  inclose 

dangerous  places IV,  16 

to  cause  dangerous  jilaces  to 

be  filled  up IV,  17 

to  assess  cost  of,  to  property 

owners IV,  19 

Engineer  department,  how  com- 
posed  I,  1 

Excavations,  making  without 

proper  protection... IV,  2,  3,  12 
in  streets,  without  permission 

of  engineer VII,  3 

to  be  inclosed IV,  15 

cost  of  inclosing,  how 

paid IV,  18,  19,  20 

Field ha?ids,  howemploju'd,  etc..II,  6 
Fines ^ informer  to  receive  share 

of IV,  10,  13 

Fire-plugs,  fastening  animals  to  I V,  1 

offense  of  injuring IV,  9 

Fixtures,  in  street,  etc.,  rc'gula- 
tions  concerning. ..Ill,  5;  IV,  7 
Footways,  regulations  for  con- 

stniction  of III.  12,  13 

O alleries,  extending  on  sidt‘- 

walk Ill,  5 

offense  of  injuriug..IV , 14 
Gas-pipes,  making  connections 

with,  regulations VII,  2 

Grade  of  streets,  engineer  to 

give. I,  4 

Grades,  how  far  to  exhmd  into 

sidewalk Ill,  7 

Guttering,  cost  of,  how  paid...III,  3 


ENGINEER  DEPARTMENT. 


‘Ml 


Hand-carts,  trinidlin^  on  side- 

wulks.. Ill,  ^ 10 

Harbor,  duty  of  engineer  coii- 

c(3rning I,  3 

Highioavs,  olfeiises  coueerii- 

incr IV,  7,  12 

Holes  below  g-nide,  to  be  in- 
closed...  IV,  15 

eno'ineer  to  cause  to  be  in- 
closed, etc...  IV,  10,  17,  18,  19 
Horses,  driving  or  leading  over 

sidewalk IV,  1 

Hydrants,  fastening  aninnds  to, 

offense  of. IV,  1 

injuring,  offense  of. IV,  9 

Inf oi'mer , to  receive  share  of  cer- 
tain ffne IV.  13,  15 

Inspector  of  buildings  and  fires, 

(see  chief  engineer  tire  de- 
partment) duty  of  to  report 
violations  of  ordinance. ..Ill,  31 
Lamp-posts,  offenses  concern- 
ing  IV,  1,  9,  14 

Landmarks,  displacing,  offense 

of IV,  12 

Lines  of  streets,  duty  of  engineer 

to  give I,  4 

Maps,  engineer  to  preserve I,  3 

to  be  open  for  examination...!,  10 
of  district  sewers,  how  made.,V,  5 
Mayor,  bids  to  be  opened  in 

jiresence  of I,  G,  8 

to  apiirove  sureties  for  con- 
tracts  I.  9 

violation  of  contracts  to  be 

reported  to I,  13 

to  apjirove  appointment  of 

employees II,  1 

employees  dismissed  with  con- 
sent of. 11,  2 

to  approve  appointment  of 
superintendents  of  streets..!!,  7 
to  approve  bond  of  suiierin- 

tendents II,  7 

may  sign  petition  for  wooden 

pavement Ill,  18 

may  oi-der  wooden  jiavement 

on  c(‘rtain  streets Ill,  19 

to  give  written  authority  in 

certain  cases I..1II,  24 

may  cause  alleys  to  be  graded 

and  paved,  when Ill,  35 

Mechanics,  engineer  may  em- 
ploy  11,  5 

Notice  of  public  work,  what  to 

contain I,  5 

Oath  of  office  oi  engineer I,  2 

of  suiierintendents  of  streets..!  1,  8 

Obstructing  highways,  thorough- 
fares,'etc IV,  7,  11,  12 

Obstructions  in  harbor,  engineer 

to  remove I,  3 

engineer  to  remove  from 
streets,  etc I,  3 


Opening  in  sid(iwalks  not  per- 
mitted  Ill,  ^ 7 

Ordinances  concerning  streets, 
etc.,  engine(*rto  carry  out. ..I,  3 
conc(‘rning  sewers,  sewer  com- 
mittee to  report  on V,  3 

Paving  stories,  regulations  con- 
cerning  Ill,  20 

Penalties  for  certain  offenses 

111,  11,  30,  32,  33;  IV,  8 
12,  13,  14;  V,  9,  15 
Permits  to  connect  with  sewers, 
regulations  concerning 

V,  3,  4,  9,  15 

Petitions  for  grading,  etc.,  alleys, 

to  be  preserved Ill,  35 

in  relation  to  sewers,  sewer 

committee  to  report  on V,  3 

Pipes,  condncrfting  water  from 

eaves,  construction  of. IV,  5 

Plans,  engineer  to  preserve I,  3 

for  public  works,  engineer  to 

make I,  3 

for  sewers,  sewer  committee 

to  supervise V,  3 

for  sewers,  engineer  to  pre- 
pare  V,  4 

for  sewers,  how  kept V,  5 

Platforms,  how  far  to  extend  into 

street Ill,  5 

Plats,  subject  to  examination...!,  10 
Police,  to  report  certain  viola- 
tions  Ill,  31 

to  see  certain  sections  carried 

out IV,  11 

Porches,  how  far  to  extend  into 

strcH't Ill,  5 

Public  highways,  provisions  eon- 

cerning Ill 

how  improved Ill,  1 

engiiKicr  to  keep  in  repair...  1 1 1,  3 
Public  places,  engineer  to  caiay 

out  ordinaiua'S  (concerning...!,  3 
engineer  to  superintend  open- 
ing and  imi)rovement  of. I,  3 

obstructing  or  encumb(rlng 

IV,  7,  12 

Public  senders,  provisions  con- 
cerning  V,  8 

(conmulion  with,  how  made..V,  9 
connecting  with,  without  j)er- 

mit V,  9 

Public  works,  how  let I,  5 

Railing,  fastening  animal  to IV,  1 


injuring 

..IV, 

, 9 

Record,  engiiu'er  to  keej) 

I . 

, 3 

Register,  bonds  to  be  tiled  with 

..V,  ^ 

15 

Repairs  of  streets,  who  to  su})ei‘- 

intend 

...II. 

, 0 

Report  (engiiK'Ci-’s)  to  common 

comull,  what  to  contain.. 

I. 

. 3 

Salary  of  superintendents 

of 

streets 11,  8 


ENGINEER  DEPARTMENT. 


:I18 


Salary  of  siiperinteiKleiits  over 

street  lumps VI,  § 2 

Sawing  wood  on  sidewalk IV,  10 

Selling 'projperty  o\\  sidewalk IV,  7 

Sewer  committee^  jiro visions  con- 
cerning-  ,.V,  1,  4 

engineer’s  duties  in V,  4 

Sewer  contracts  provisions  con- 
cerning-  V,  3,  4,  7 

Sewer  department  established, 

wliat  to  embrace V,  1 

Sewer  districts^  provisions  con- 
cerning  V,  10,  11 

Sewer  fand^  engineer  to  keep 

account  of. V,  5 

sewer  committee  to  control. ..V,  3 

Sewers,  provisions  concerning... V 
making  connections  with 

V,  15;  VII,  2 
removing  oftal  from.  V,  16,  17,  18 

Shade-trees,  how  planted^ HI,  9 

fastening  animals  to IV,  1 

injuring IV,  9 

Sidewalks , who  to  examine II,  10 

when  engineer  to  notify  par- 
ties to  pave Ill,  2 

when  engineer  to  cause  to  be 

paved... Ill,  2 

paving,  how  paid Ill,  3 

signs  "projecting  over IV,  7 

how-window  projecting  over 

]V,  7 

obstructing IV,  7 

selling  merchandise  on IV,  7 

throwing  coal  etc. , on IV,  10 

sawing  wood  on IV,  10 

to  be  kept  clean. IV ^ 13 

Sian  or  sign-box,  setting  up  im- 
properly  IV,  7 

not  to  project  over  sidewalk..IV,  7 

injuring IV,  9 

Snow,  to  he  removed  from  side- 
walks  IV,  13 

Special  taxes,  how  assessed  and 

collected Ill,  4;  V,  13 

Stakes,  displacing IV,  12 

Steps,  how  far  to  extend  into 

streets Ill,  5 

Stones,  displacing IV,  12 

Street  inspectors,  to  report  cer- 
tain violations..!!!,  8,  31;  IV,  13 

to  receive  certain  fees IV,  13 

Street  lamps,  regulations  con- 
cerning-  VI 

engineer  to  contract  for  light- 
ing  VI,  1 

engineer  to  ai)point  superin- 
tendent over VI,  2 

co.st  of  lighting,  how  paid... VI,  3 

to  have  name  of  streets  painted 

on VI,  4 

Streets,  engineer  to  carry  out 
ordinances  concerning I,  3 


Streets,  engineer  to  superintend 
opening,  improvement  and 

repairs  of I,  g 3 

engineer  to  give  grades  and 

lines  of. I,  4 

who  to  superintend  repairing 

of. II,  9 

how  improved Ill,  1 

improvement  of,  how  paid 

III,  1,  23 

to  he  paved  after  building 

sewers Ill,  15 

to  he  repaired  alter  laying 

water-pipe .‘.  .111 , 16 

to  he  repaired  after  laying  gas- 

pipe Ill,  17 

may  he  repaved  with  wooden 

pavement Ill,  19,  18 

certain,  to  be  repaved  with 

stone  on  edge Ill,  22 

written  authority  of  mayor 
necessary  to  pave,  when..III,  24 
how  much  of,  may  be  occu- 
pied for  building  purposes 


IV, 

7 

obstructing  passage  of..... 

....IV, 

11 

Superintendents  of  streets,  re. 

o-ula- 

tions  eoncerning 

ll,  7, 

11 

how  employed 

n, 

, 7 

qualifications  of. 

11, 

7 

to  give  bond 

II. 

7 

oath  to  be  taken  by 

II, 

, 7 

salary  of. 

II, 

. 8 

duties  of 

II,  9, 

10 

how  discharged 

II, 

11 

Superintendents  of  sewers,  how 

appointed V,  6 

salaries  of,  how  paid V,  6 

how  dismissed V,  6 

Superintendent  of  waterworks , to 
approve  securities  for  con- 
tracts, when I,  9 

copies  of  contracts  to  be  fur- 
nished to I,  12 

Surveys,  engineer  to  preserve I,  3 

Telegraph,  injuring IV.  14 

Thoroughfare,  obstructing IV,  7 

hoisting  articles  over... IV,  8 

Va\xlts,  under  sidewalk Ill,  34 

digging,  without  eovering...IV,  4 
grating  of,  leaving  open,  etc  IV,  6 
Vehicles-,  obstructing  passage  of 

streets,,  etc IV,  11 

Water-pipes , making  connections 

with. VII,  2 

Wheelbarrow  not  to  be  used  on 

sidewalk Ill,  10 

Window  not  to  extend  on  side- 
walk  Ill,  7 

Wooden  pavement,  what  streets 

paved  with Ilf,  19 

cost  of,  how  i)aid Ill,  20,  21 

penalty  for  building  lire  on  VII,  4 


ENGINEER  DEPARTMENT. 


319 


Be  it  ordained  hy  the  Comtnon  Council  of  the  City  of  St. 
Louis . 

ARTICLE  I. 


City  Engineer. 

Section  1.  A department  of  the  city  government  is  hereby 
established,  to  be  styled  the  “Engineer  Department,”  which 
shall  embrace  the  city  engineer,  his  deputies  and  assistants.  The 
city  engineer  shall  be  well  skilled  in  the  sciences  of  civil  engin-  ?£'Sginee\\°^ 
eering  and  building,  and  the  practical  application  thereof. 

Sec.  2.  He  shall  take  the  oath  of  office  required  of  other  city 
officers,  with  this  addition:  that  he  is  not,  and  will  not,  during  his  keil^by^^ 
continuance  in  office,  be  directly  or  indirectly  concerned  or  inter- 
ested in  any  contract  made  with  this  city  for  any  public  work. 

Sec.  3.  It  shall  be  the  duty  of  the  city  engineer,  in  addition  to 
duties  enjoined  on  him  by  the  city  charter:  Firstly^  to  see  to  the  neeV.^^ 
protection  and  improvement  of  the  harbor  of  the  city  and  the 
removal  of  obstructions  therefrom  ; secondly^  to  cause  to  be 
carried  into  effect  all  ordinances  of  the  city  concerning  streets, 
alleys,  and  other  public  places  ; superintending  and  controlling 
the  opening,  improvement,  and  repairing  thereof,  preventing  all 
obstructions  thereto,  and  removing  the  same  therefrom  ; thirdly., 
to  preserve  in  his  office  all  maps,  plans,  surveys  of  the  city, 
harbor,  and  common,  with  all  records,  books,  papers,  and  other 
things  relating  thereto ; fourthly,  to  keep  full  and  accurate 
accounts  of  all  receipts  and  dis])ursements  made  under  his  super- 
vision, and  a systematic  record  of  all  transactions  relative  to  this 
department;  fifthly,  to  report  to  the  council,  on  the  first  day  of 
each  stated  session  thereof,  a general  abstract  of  all  the  opera- 
tions of  this  department  during  the  previous  portion  of  the  fiscal 
year,  the  amount  of  work  executed  and  remaining  to  be  executed, 
the  disbursements,  the  amount  remaining  to  be  disbursed,  and 
such  other  information  as  he  shall  deem  of  interest  to  the  city, 
or  the  council  may  require  ; sixthly,  to  number  all  blocks  within 
the  city  ; seventhly,  to  make  all  plans  and  estimates  for  all 
works  constructed  by  or  under  authority  of  the  city ; eighlhly, 
to  do  all  other  lawful  acts  relating  to  matters  placed  particularly 
under  his  charge,  and  which  may  be  necessary  for  the  efficient 
working  of  this  department. 

Sec.  4.  The  engineer  shall  give  the  grade  and  lines  of  street  to  give  lines  and 

1 n 1 11  1.1/.  grade  of  streets. 

and  alleys  that  are  unimproved  to  all  persons  applying  therefor , 


320 


ENGINEER  DEPARTMENT. 


Proceedings  be-  bidder, 
fore  letting. 


who  shall  make  a written  description  of  the  property,  and  shall 
state  that  it  is  their  intention  to  set  their  curbstones  and  lay 
pavements  immediately  thereon  ; and  the  city  engineer  shall  give 
such  grades  to  such  persons  free  of  cost ; but  no  such  grade  shall 
be  given  where  the  grade  is  not  established  by  ordinance.  The 
engineer  shall  also  furnish  the  necessary  information  for  ascer- 
taining the  grades  of  streets  and  alleys  where  persons  desire  to 
build,  and  where  the  grades  are  established  by  ordinance. 

Do  let  contracts.  Sec.  5.  All  public  works  Ordered  by  the  city,  unless  otherwise 
directed,  shall  be  let  by  the  city  engineer  to  the  lowest  and  best 
Notice  of  the  letting  out  of  any  such  work  shall  be 
published,  not  less  than  three  times,  in  the  newspapers  employed 
by  the  city,  and  copies  thereof  posted  up,  in  handbill  form,  in  at 
least  twenty  public  places,  more  or  less,  according  to  the  discre- 
tion of  the  city  engineer,  in  each  ward,  at  least  ten  days  before 
the  day  appointed  for  the  opening  of  the  bids.  Said  notice  shall 
state  the  nature  of  the  work,  the  place  where  the  specifications 
may  be  seen,  and  the  time  when  the  bids  will  be  received : 
Provided^  however^  That  nothing  herein  contained  shall  be 
construed  as  repealing  any  of  the  provisions  of  the  ordinance 
regulating  the  letting  of  contracts.* 

Sec.  6.  Bids  for  such  work  shall  be  signed  by  the  bidder, 
inclosed  in  a sealed  envelope,  and  not  opened  until  the  day  fixed 
in  the  notice,  and  then  only  in  the  presence  of  the  mayor  and 
city  engineer. 

Sec.  7.  Each  bid  shall  be  accompanied  with  a statement,  signed 
by  the  persons  offered  by  the  bidder  as  securities,  declaring  their 
willingness  to  become  such  securities  in  the  event  of  this  contract 
being  awarded  to  the  bidder  ; and  shall  also  be  accompanied  with 
a bond  to  the  city  of  St.  Louis,  in  the  sum  of  two  hundred  dollars, 
signed  by  the  bidder  and  a responsible  security,  conditioned  that 
the  bidder,  if  his  bid  be  accepted,  shall  enter  into  a written  con- 
tract to  do  the  work  bid  for  according  to  the  terms  of  his  bid,  at 
such  time  as  the  city  engineer  or  officer  having  charge  of  the 
work  may  require.  All  bidders  must  designate  their  residences 
on  the  bids  made. 

Sec.  8.  Bids  shall  be  opened  by  the  city  engineer  on  the  day 
notified,  at  the  hour  of  twelve  o’clock,  noon,  in  the  presence  of 


How  bids  shall 
be  opened. 


What  bidders 
shall  state. 


When  bids  shall 
be  opened. 


*The  proviso  of  this  section  was  cliaii^ed  to  its  present  form 

by  ordinance  No.  5,487,  approved  January  24,  18(55. 


ENGmEEll  DEPARTMENT. 


?,21 


tlic  mayor,  and  the  lowest  and  best  bid  shall  be  accepted  if  the 
securities  offered  be  approved. 

Sec.  9.  The  performance  of  all  contracts  let  out  as  aforesaid  security  for  per- 

^ ....  forinance  of 

shall  be  secured  by  at  least  two  responsible  securities,  to  be  contract, 
approved  by  the  mayor,  in  double  the  contract  price  of  the  work  ; 
except  in  cases  where  the  estimated  cost  exceeds  one  thousand  dol- 
lars, in  which  case  the  amount  of  security  shall  be  determined  by 
the  mayor  and  city  engineer,  or  by  the  mayor  and  superintendent 
of  the  waterworks,  when  the  contract  relates  to  the  waterworks. 

Sec.  10.  If  the  person  whose  bid  is  accepted  fail  to  enter  into  Proceedings 

t . . when  bidder 

contract  as  aforesaid,  the  city  engineer  may  award  the  contract  jaiis^  to  con- 
to  the  next  lowest  bidder,  or  advertise  for  new  proposals,  as  in 
his  judgment  may  be  best  for  the  interests  of  the  city. 

Sec.  11.  Any  bidder  failing  to  enter  into  contract  as  herein-  Penalty  on  bid- 

^ ^ ^ der’s  failing  to 

before  required,  or  to  fulfill  any  contract  entered  into  by  him  contract, 
with  the  city,  shall  not  be  allowed  to  bid  again,  directly  or  indi- 
rectly, for  any  city  work,  unless,  for  good  cause  shown,  the  com- 
mon* council  removes  this  disability. 

Sec.  12.  All  contracts,  after  being  drawn  up,  shall  be  submit-  how  contracts 
ted  to  the  city  counselor,  or,  in  his  absence  or  disability  to  act,  proved, 
to  the  city  attorney,  for  the  approval  of  the  form  thereof  ; after 
receiving  which  they  shall  be  submitted  to  the  common*  council 
for  its  approval,  which,  when  given,  shall  be  endorsed  thereon  ; 
after  which  they  shall  be  recorded  in  the  city  engineer’s  office, 
and  copies  thereof  shall  be  furnished  to  the  city  auditor,  and 
to  the  superintendent  of  Avaterworks,  if  they  relate  to  the 
waterworks. 

Sec.  13.  The  city  engineer  shall  report  to  the  mayor  or  com-  Powers  of  engi- 
mon*  council  all  violations  of  any  contract,  and  may  suspend  the  tioi.  of  terms  of 
execution  thereof  Avhen  the  contractors  fail  to  comply  with  the 
terms  thereof,  or  with  the  directions  of  the  city  engineer  in  rela- 
tion to  or  consistent  therewith. 

Sec.  14.  Every  contract  entered  into  by  the  city  engineer,  as  clause  to  be  m- 

. . . , , . , serted  into  each 

atoresaid,  shall  contain  a clause  stating  that  the  same  is  entered  contract, 
into  subject  to  existing  ordinances  of  the  city,  and  to  the  power 
of  the  city  engineer  to  suspend  or  annul  the  same  for  a failure  on 

* The  word  “city,”  in  sections  11,  12  and  13,  as  contained  in  the 
orignal  ordinance,  are  changed  to  “common”  by  ordinance  No.  5487, 
approved  January  24,  18G5. 

21 


ENGINEER  DEPARTMENT. 


the  part  of  the  contractors  to  fulfill  the  same  ; hut  that  such 
suspension  or  annulment  shall  not  affect  the  rights  of  the  city  to 
all  damages  and  penalties  claimable  by  it  on  account  of  the  con- 
tractor’s failure. 


Work  of  con 
tractors  to  be 


Sec.  15.  The  city  engineer  shall  examine  all  accounts  of  con- 
cortifiedby  en-  ti’actoi’S  for  work  donc  under  his  supervision,  and,  if  correct  and 
chargeable  to  the  city,  he  shall  certify  the  same  to  the  auditor 
for  payment ; but  no  account  shall  be  certified  where  the  con- 
what  accounts  ti'actor  lias  failed  to  comply  with  the  terms  of  his  contract  ; nor 
shall  any  account  be  certified  in  advance  of  the  performance  of 
the  work  ; and  all  final  estimates  shall  contain  a full  description 
of  work  done,  as  far  as  practicable,  in  such  manner  as  best  to 
assist  the  auditor  of  accounts  in  judging  of  their  correctness. 
Papers,  etc.,  in  Sec.  16.  The  maps,  plats,  books,  and  papers,  in  the  ofiSce  of 

engineer’s  office  , . , i n i i i 

u!fn  department,  shall  be  subject  to  examination  by  any  person 

seeking  information  therefrom,  under  such  regulation  as  the 
proper  officer  may  prescribe. 


ARTICLE  II. 


Emj)loyees. 


How  paid. 


may  be^pJISnt-  SECTION  1.  The  city  engineer  shall,  with  the  approbation  of 
the  mayor,  employ  suitable  and  competent  persons  to  act  as 
assistant  engineers,  clerks,  draughtsmen,  superintendents,  and 
field  hands,  who  shall  receive,  as  compensation  for  their  services, 
such  sum  as  may  be  agreed  on  by  the  mayor  and  city  engineer, 
payable,  on  the  certificates  of  the  engineer,  out  of  appropriations 
for  engineer’s  department. 

Employees  to  be  Sec.  2.  The  Said  employees  shall  be  under  the  direction  of  the 
direction  engineer,  and  shall  perform  such  duties  as  the  city  engineer 

shall  direct ; and  he  may,  whenever  in  his  opinion  the  interests  of 
the  city  will  be  subserved  thereby,  dismiss,  with  the  consent  of 
How  dismissed,  the  mayor,  any  of  the  said  employees,  and  employ  others  in  their 
stead. 

Employees  to  do  Sec.  3.  No  employee  of  this  department  shall,  during  business 

no  private  work  y ^ y ^ ^ o ^ 

hours^  hours,  perform  any  work  of  a professional  character  for  his  own 

emolument ; and  any  employee  so  oftending  shall  be  immediately 
dismissed,  and  shall  forfeit  all  claims  to  the  unpaid  portion  of 


ENGINEER  DEPARTMENT. 


32B 


his  salary,  and  sliall  not  bo  ro-cniployed  unless  by  permission  of 
the  council. 

Sec.  4.  The  employees  of  this  department  shall  return  to  and  Employees  to 

. . . 11  1 1 return  certain 

deposit  111  the  engineer  s ouice  all  held  notes,  measurements,  documents, 
books,  and  other  documents,  pertaining  to  the  business  of  this 
department,  and  which  shall  remain  on  record  as  the  property  of 
the  city. 

Sec.  5.  The  city  engineer,  with  the  approbation  of  the  mayor,  Engineer  may 
shall  employ,  temporarily,  such  mechanics,  laborers,  and  other  chanics,  etc. 
persons,  as  the  public  service  may  require,  and  he  shall  certify  their 
accounts  to  the  auditor,  specifying  to  what  fund  each  amount  is  how  paid, 
properly  chargeable. 

Sec.  6.  The  city  engineer  shall  report  to  the  council,  at  the  to  report 

. f.  1 names,  etc.,  of 

commencement  of  each  stated  session  thereof,  the  names,  occu-  employees, 
pations,  and  salaries,  of  all  the  permanent  employees  of  this 
department. 


Sec.  7.  The  city  engineer  shall  divide  the  city  into  convenient  to  appoint  su- 
districts,  for  each  of  which  he  shall  employ,  with  the  approval  streets 
of  the  mayor,  a competent  person  to  act  as  superintendent  of 
streets.  They  shall  be  citizens  of  the  United  States,  and,  before  Qualifications 
entering  upon  the  discharge  of  their  duties,  shall  each  give  a ents. 
bond  to  the  city,  with  one  or  more  securities,  to  be  approved  wiiat  bond  to 
by  the  mayor,  in  the  sum  of  two  thousand  dollars,  conditioned 
for  the  faithful  performance  of  the  duties  required  of  them, 
and  take  an  oath  faithfully  to  demean  themselves  while  in  the  wuat  oath  to 
employ  of  the  city.  . 

Sec.  8.  The  said  superintendents  of  streets  shall  each  receive,  salary  of  super- 
for  their  services,  one  thousand  dollars  per  annum,  payable 
monthly,  out  of  appropriations  for  repairs  of  streets,  on  the  now  paid, 
certificate  of  the  city  engineer. 


Sec.  9.  The  said  superintendents  of  streets  shall,  in  all  matters.  Duties  of  super- 
act  under  the  directions  of  the  city  engineer,  and  personally 
superintend  the  making  of  repairs  on  streets  and  other  highways 
ordered  by  him,  and  also  the  workmen  necessary  therefor  ; to 
oversee  and  inspect  all  works  on  streets  done  by  contract ; keep 
correct  accounts  of  the  time  of  the  men  and  the  work,  when  not 
done  by  contract,  and  generally  perform  such  other  duties  as  he 
shall  require  of  them,  within  their  respective  districts,  and  make 


324 


ENGINEER  DEPARTMENT. 


Further  duties 
of  superintend- 
ents, 


May  be  dis- 
charged. 


Cost  of  improv- 
ing streets. 


To  whom  charge- 
able. 


To  be  special 
tax  upon  pro- 
perty. 


Curbstones  to 
be  set  and  side- 
walks paved, 
when. 


Cost  of  repair- 
ing streets. 


report  thereof  to  the  city  engineer  at  such  times  as  he  shall 
require. 

Sec.  10.  The  said  superintendents  shall  examine  the  state  of 
all  streets  and  sidewalks  within  their  districts,  from  time  to  time, 
and  report  to  the  city  engineer  such  as  need  repairing ; and 
generally  follow  such  directions  and  observe  such  regulations  as 
he  shall  establish  touching  the  performance  of  the  duties  required 
of  them  respectively. 

Sec.  11.  The  city  engineer  may  discharge  from  the  service  of 
the  city  either  or  all  of  said  superintendents,  whenever,  in  his 
opinion,  the  interests  of  the  city  require  it,  and  employ  others 
instead. 


ARTICLE  III. 

Public  Highways. 

Section  1.  Whenever  the  common  council  shall,  by  ordinance, 
direct  the  improvement  of  any  street,  alley,  or  other  public  high- 
way, the  city  engineer  shall  immediately  contract  for  the  work, 
to  be  done  in  the  usual  manner,  which  shall  be  paid  for  as 
follows : The  cost  of  grading  and  paving  all  alleys  within  the 
city,  and  the  cost  of  grading,  curbing,  and  paving  all  sidewalks 
within  the  old  and  new  limits  thereof,  and  the  cost  of  macadam- 
izing and  paving  carriage-way  and  gutters,  and  the  curbing  and 
paving  of  sidewalks,  within  the  extended  new  limits  of  the  city, 
shall  be  charged  as  a special  tax  against  the  property  fronting 
upon  or  adjoining  the  work  done,  as  hereinafter  provided,  and  the 
cost  of  the  balance  of  the  work  shall  be  paid  for  by  the  city. 

Sec.  2.  Whenever  the  council,  by  ordinance,  shall  have  directed 
the  grading  and  macadamizing  of  the  central  portions  of  any 
public  highway,  the  city  engineer  shall,  by  publication  five  times 
in  the  papers  doing  the  city  printing,  notify  the  owners  of 
property  fronting  upon  such  public  highway  to  set  the  curb  stone 
and  pave  the  sidewalks  within  thirty  days,  in  the  manner  wliich 
he  shall  direct ; and  in  case  they  fail  to  do  so,  then  the  city 
engineer  shall  cause  the  same  to  be  done,  and  charged  as  a 
special  tax  against  them,  at  their  cost. 

Sec.  3.  It  shall  be  the  duty  of  the  city  engineer  to  keo])  in 
good  repair  all  alleys  and  other  public  highways  within  the  city. 


ENGINEER  DEPARTMENT. 


325 


Tlie  cost  of  repairing  and  reconstructing  all  alleys,  curbing  and 
paving  of  sidcuvalks,  and  gutters  alongside  thereof,  and  the 
repaving  of  the  carriage-Avays  of  all  public  higlnvays,  shall  be 
charged  as  a special  tax  against  the  owners  or  occupants  of  the  now  chargeable 
property  fronting  thereon,  as  hereinafter  provided  for;  the  cost 
of  repairing  the  macadamized  portion  of  the  carriage-ways  of 
public  highways,  and  the  paved  carriage-ways  of  the  wharf,  shall 
be  borne  by  the  city. 

Sec.  4.  All  special  taxes  assessed  for  Avork  done  on  streets,  Manner  of  coi- 

J-  ' lecting  special 

alleA'S,  public  highways,  and  other  ways,  except  for  work  done 
under  contracts  entered  into  prior  to  February  fifteenth,  eighteen 
hundred  and  sixty-four,  and  for  Avork  done  in  the  construction  of 
district  sewers,  shall  be  assessed  and  collected  as  folloAvs,  viz: 

Whenever  any  piece  of  Avork  shall  have  been  fully  completed 
under  authority  of  ordinance,  the  city  engineer,  or  other  officer 
having  charge  of  the  work,  shall  assess  the  cost  thereof  as  a 
special  tax  against  the  property  by  laAv  made  chargeable  there- 
Avith,  in  proportion  to  the  per  centage  thereof,  in  such  manner  as 
said  officer  shall  deem  just  and  eipiitable ; and  the  bills  of  such 
assessment  shall  be  made  out,  against  each  lot  of  ground  made 
chai-geable  thereAvith,  in  the  name  of  the  OAvner  thereof ; and  the 
bills,  Avhen  so  made  out,  shall  be  certified  bj^said  officer,  and  shall 
be  delivered  to  the  auditor  of  the  city  of  St.  Louis,  to  be  collected 
in  the  same  manner  and  under  the  same  regulations  as  other 
city  taxes  are  collected.  When  the  special  tax  bills  for  each  price 
[piece]  of  Avork  shall  have  been  collected,  and  the  money  paid  into 
the  city  treasury,  the  auditor  shall  draAV  his  Avarrant  upon  the 
treasurer,  in  favor  of  the  contractor  of  the  Avork,  for  the  amount 
that  may  be  due  him  for  the  Avork,  together  Avith  the  interest  and 
penalties,  as  collected  and  paid  into  the  treasury,  less  the  cost  of 
collection  on  account  of  the  bills  for  such  Avork.  If  said  special 
tax  bills  shall  not  be  collected  and  paid  into  the  treasury  within 
fifteen  months  from  the  time  they  shall  be  delivered  to  the  city 
auditor,  then  the  city  auditor  shall  draAv  his  warrant  upon  the 
treasurer,  in  favor  of  the  contractor  of  the  Avork,  for  the  amount 
that  may  be  due  him,  Avith  interest,  and  shall  take  the  receipt  of 
such  contractor  therefor,  assigning  his  claim  for  such  work  to  the 
city  of  St.  Louis. 

Sec.  5.  No  porch,  gallery,  platform,  steps,  or  other  fixture, 


326 


ENGINEER  DEPARTMENT. 


Buildings  not  to 
extend  into  side- 
walk more  than 
certain  dis- 
tance. 


Cellar-doors, 
how  to  be  con- 
structed. 


Grates,  etc  , 
how  far  to  ex- 
tend into  side- 
walk. 


Street  inspect- 
ors to  report  cer- 
tain violations. 


Engineer  to 
cause  altera- 
tions to  be 
made. 


Cost  of  such 
work,  how  col- 
lected. 


How  shade-trees 
may  be  planted. 


No  wheel -bar- 
row  to  be  trun- 
dled on  side- 
walk. 


Penalty  for  cer- 
tain offenses. 


shall  be  allowed  to  extend  into  or  on  any  part  of  the  sidewalks  of 
this  city  more  than  two  feet  six  inches,  where  the  sidewalk  is  of 
ten  feet  in  width,  or  less ; nor  more  than  three  feet  where  the 
sidewalk  is  of  more  than  ten  feet  in  width  ; nor  shall  any  fixture 
extending  more  than  said  distance  upon  any  sidewalk  of  the  width 
aforesaid,  or  any  building  or  fence  standing  on  any  street,  alley, 
or  other  highway,  be  repaired. 

Sec.  6.  Cellar- doors  shall  be  made  under  the  direction  of  the 
city  engineer,  and  no  larger  than  the  business  of  the  occupant  of 
the  premises  requires  ; nor  shall  any  cellar- door  extend  more  than 
one  and  a half  inches  above  the  frame,  including  the  hinge. 

Sec.  7.  No  cellar,  grate,  or  window  curbing,  shall  extend  into 
or  upon  any  sidewalk  or  street  more  than  eighteen  inches  ; and  no 
uncovered  openings  shall  be  permitted  in  the  sidewalks. 

Sec.  8.  It  shall  be  the  duty  of  the  street  inspectors  to  report 
any  violation  of  the  provisions  of  sections  five,  six,  and  seven,  of 
this  article,  in  their  respective  districts,  to  the  city  engineer,  who 
shall,  upon  the  receipt  of  such  report,  notify  the  owner  or  occu- 
pant of  the  property,  in-front  of  which  the  sidewalk  needs  altera- 
tion, to  have  the  same  done  within  thirty  days  from  the  time  said 
notice  is  given ; and,  in  case  said  owner  or  occupant  shall  fail  to 
do  said  work  in  the  time  specified,  the  city  engineer  shall  proceed 
to  have  the  same  done  at  the  cost  of  the  said  owner  or  occupant, 
to  be  assessed  and  collected  as  hereinbefore  provided  for  other 
special  taxes. 

Sec.  9.  Shade-trees  may  be  planted  near  the  curbstones  of  the 
sidewalks,  under  the  supervision  of  the  city  engineer:  Provided^ 
same  shall  not  be  planted  over  eighteen  inches  inside  of  the 
curbstone. 

Sec.  10.  No  person,  otherwise  than  in  passing  in  or  out  of 
their  premises,  shall  trundle  any  wheel  or  hand  bari'ow,  or  hand 
cart,  upon  any  paved  sidewalk,  except  on  Front  street. 

Sec.  11.  Whoever  shall  violate  any  of  the  provisions  of  the 
preceding  six*  sections  of  this  article  shall  be  deemed  guilty  of 
a misdemeanor,  and  subject  to  a fine  of  not  less  tlian  ten  nor 
more  than  one  hundred  dollars. 

Sec.  12.  Any  person  or  persons  shall  be,  and  the}-  are  herel)y, 

* The  word  “live,”  in  tlie  original  ordinance,  is  altered  to  “six”  by 
ordinance  No.  5487.  approved  January  24,  18G5. 


ENGINEER  DEPARTMENT. 


?>27 


authorized,  under  the  supervision  of*  the  city  engineer,  and  at  Footways  may 

^ be  constructed 

their  own  proper  cost  and  expense,  to  inake  permanent  and 
substantial  footAvays  across  any  of  the  public  thoroughfares  of 
the  city,  at  any  point  or  crossing  that  they  may  deem  it  to  their 
interest  or  convenience  to  do : Provided^  in  the  opinion  of  the 
engineer,  such  improvement  shall  not  be  of  inconvenience  to  the 
public  or  public  carriage-way. 

Sec.  13.  If  it  is  proposed  to  make  a footway  across  anv^^nn^rof 

^ ^ constructing 

macadamized  street,  it  shall  not  be  less  than  three  feet  wide,  to  footways, 
be  done  Avith  stone  on  edge,  the  stone  not  to  be  less  than  ten  inches 
deep,  nor  less  than  six  inches  every  Avay  across  the  face ; and  the 
engineer,  at  the  time  of  advertising  for  proposals  to  macadamize  engineer 
any  street,  shall,  at  the  same  time,  advertise  for  proposals  for  such  fJou^avs* 
footw-ays. 

Sec.  14.  All  curbstones,  or  curbing  set  upon  any  street,  avenue,  how  curbstones 
or  other  higlnvay,  except  on  First  street  or  the  Avliarf,  shall  not 
be  less  than  four  inches  in  thickness  on  the  front  edge  or  top, 
and  shall  be  set  in  the  ground  at  least  twelve  inches  beloAv  the 
surface  of  the  pavement.  The  curbstones  or  curbing  set  on  the 
Avharf  shall  not  be  less  than  six  inches  thick  on  the  top,  and  shall 
be  set  in  the  ground  not  less  than  eighteen  inches  beloAv  the 
surface  of  the  pavement. 

Sec.  15.  All  streets  and  alleys  on  which  scAvers  are  built,  streets  to  be 
except  the  main  seAvers  built  at  the  general  expense  of  the  city,  after  building 
shall,  immediately  after  the  completion  of  the  seAvers,  be  paved 
with  stone  on  edge,  if  deemed  necessary  by  the  city  engineer;  and 
said  pavement  shall  lie  considered  as  constituting  a necessary  part  chai-ea*^'^ 
of  the  seAver  work,  and  its  cost  charged  accordingly. 

Sec.  16.*  The  city  engineer  is  retiuired  to  make  a thorough  stroots  tube  r*^- 

r.  11  11  r.  11  1 Piii’p'iaftcM- lay- 

repair  ot  all  streets  or  alleys,  or  parts  or  streets  or  alleys,  that  ing  water-pibcs. 
are  impaired  by  laying  Avater-pipe  in  such  streets  or  alleys  ; and 
he  shall,  in  all  instances,  see  that  sucli  repairs  are  carried  on  until 
the  earth  is  entirely  settled  in  the  street,  and  the  neAv  covering  is 
fully  incorporated  and  conforms  with  the  proper  cross  grade  of 
the  street.  The  cost  of  tliese  repairs  sliall  be  considered  a part 

, ‘ ^ i ■ charged. 

of  the  pipe-Avork,  and  chargeable  to  the  fund  of  the  AvaterAvorks. 

Sec.  17.  In  all  instances  where  the  gaslight  company  author- 


*The  word  “that,”  at  the  beginning  of  this  seetion,  in  the  original 
ordiiiaiiee,  is  repealed  by  ordinaiiee  No,  5487,  approved,  January  24,  18(15.. 


ENGINEER  DEPARTMENT. 


■m 


Streets  to  be 
repaired  after 
laying  gas-pipe. 


Cost,  how 
charged. 


When  mayor 
shall  cause 
wooden  pave- 
ment to  be  laid 
in  streets. 


Petitions, 
mayor  may  sign 
for  city. 


Mayor  shall 
cause  certain 
streets  to  be  re- 
paved with 
wooden  pave- 
ment. 


Host  of  above 
work,  how  as- 
sessed and  col- 
lected. 


ize  or  cause  an  opening  of  any  part  of  any  street  or  alley  of  the 
city,  for  the  purpose  of  putting  down  pipe,  or  for  any  other 
purpose,  it  shall  be  the  duty  of  said  company  to  repair  the  street 
or  alley,  and  place  it  in  as  good  condition,  in  the  opinion  of  the 
city  engineer,  as  it  was  before  the  excavation  or  opening  was 
made  idn  the  street ; and  the  repairs  must  be  continued,  as 
circumstances  may  require,  until  the  earth  is  completely  settled, 
and  the  grade  of  the  street  conforms  to  the  proper  cross  section 
of  the  street ; and  it  is  also  made  the  duty  of  the  city  engineer 
to  cause  any  repairs  which,  in  his  opinion,  are  not  complete,  to 
be  completed  ; and  the  cost  of  such  repair  by  the  city  engineer 
shall  be  deducted  from  the  payment  due  by  the  city  for  lighting 
of  the  streets. 

Sec.  18.  Whenever  a petition  representing  a major  portion  of 
the  property  fronting  on  any  street,  between  two  intersecting 
streets,  shall  be  presented  to  the  mayor,  asking  for  the  repave- 
ment of  such  street  with  wooden  pavement,  he  shall  instruct  the 
city  engineer  to  cause  the  work  asked  for  to  be  done  under 
contract,  in  the  usual  manner.  The  mayor  is  hereby  authorized 
to  sign  such  petitions  in  behalf  of  the  city,  whenever  she  is  the 
owner  or  occupant  of  property  fronting  upon  the  street  sought  to 
be  so  repaved.  All  such  petitions  shall  be  filed  with  the  register 
as  soon  as  the  same  shall  have  been  acted  upon. 

Sec.  19.  In  that  portion  of  the  city  bounded  on  the  north  by 
the  north  side  of  Carr  street,  on  the  west  by  the  east  side  of 
Ninth  street,  on  the  south  by  the  south  side  of  Poplar  street,  and 
on  the  east  by  the  levee,  the  mayor  is  hereby  authorized  to  cause 
the  carriage-ways  of  the  streets  thereof  to  be  repaved  with  wooden 
pavements,  wherever  and  whenever  he  shall  deem  it  necessary; 
and  he  may  instruct  the  city  engineer  to  cause  any  street  or 
portion  of  street,  within  the  above-described  limits,  to  be  so 
repaved,  under  contract,  which  shall  be  let  [out]  in  the  usual 
manner. 

Sec.  20.  The  cost  of  all  work  done  under  authority  of  the 
preceding  tAvo  sections,  except  as  provided  for  in  the  next  section, 
shall  be  assessed  and  collected  as  a special  tax  against  the 
property,  or  owners  thereof,  fronting  upon  the  Avork  done, 
according  to  charter  and  ordinance. 

Sec.  21.  Whenever  the  city  of  St.  Louis,  as  the  oAvner  or 


ENGINEER  DEPARTMENT. 


329 


occupant  of  property,  sliall  become  cliaro-ed  with  the  cost  of  any  Liability  of 

^ ° , . . city  for  cost  of 

work  done  under  the  provisions  of  the  three  preceding  sections  of  above  work, 
this  ordinance,  the  auditor  shall  pay  the  same,  and  charge  it  to 
appropriations  for  streets  and  alleys.  On  streets  where  horse-  Liability  of  ^ 
railroad  tracks  have  been  made,  the  cost  of  the  work  done,  under  for  cost  of  such 

work. 

authority  of  the  three  preceding  sections  of  this  ordinance, 
between  the  rails  of  said  tracks,  and  for  two  feet  in  width  on 
each  side  thereof,  shall  be  assessed  as  a special  tax  against  the 
railroad  company  owning  said  tracks,  in  the  same  manner  as  such 
taxes  are  assessed  against  other  property  holders. 

Sec.  22.  All  renewal  of  the  covering  surface  of  the  streets,  Certain  limits, 
from  the  north  side  of  Carr  street  to  the  south  side  of  Plum  to  be  covered, 
street,  between  the  east  side  of  Sixth  street  and  the  river,  shall, 
unless  repaved  as  provided  in  the  eighteenth  and  nineteenth  sec- 
tions of  this  article,  be  done  with  pavement  with  stone  on  edge, 
unless  otherwise  ordered  by  the  council. 

Sec.  23.  The  cost  of  such  paving  shall  be  borne  by  the  owners  cost  of  such 

^ ° work,  how 

of  property  fronting  on  the  street  so  repaired,  and  shall  be  charged, 
assessed  and  collected  in  the  same  manner  as  provided  in  the 
fourth  section  of  this  article. 

Sec.  24.  It  shall  nut  be  competent  for  the  city  engineer  to  Authority  of 

. ^ ^ ^ ° . mayor  necessa- 

improve  the  streets,  or  any  of  them,  in  the  manner  described  in  certaiu 
sections  eighteenth  and  twenty-second  of  this  article,  without  the 
written  authoi'ity  of  the  mayor  of  the  city  so  to  do. 

Sec.  25.  All  broken  rock  to  be  hereafter  spread  on  the  surface  Description  of 
or  any  street,  alley,  or  liighway,  in  the  city  or  St.  Louis,  shall  for  macadamiz- 
be  of  the  best  descrijition  that  can  be  procured  in  the  vicinity  of 
the  city,  which,  in  the  opinion  of  the  city  engineer,  is  best 
adapted  to  such  purposes  ; and  they  shall  be  broken  so  that  the 
largest  will  pass  through  a two-and-a-half-inch  ring,  in  all  of 
their  diameters. 

Sec.  26.  All  paving  stones  hereafter  to  lie  used  for  paving.  Description  of 

. , • • 1 11  • 1 • 1 stone  to  be  used 

With  stone  on  edge,  any  street,  or  any  principal  alley  Avithin  the  for  paving. 

business  part  of  the  city,  through  which  heavy  carts  have  to  pass, 

shall  be  of  the  best  ipiality  that  the  vicinity  of  the  city  affords  ; i 

and  they  shall  lie  dressed  on  the  to])S,  sides,  and  end  faces,  so  as 

to  make  close  joints  throughout,  and  a full  and  stpiare  bottom  ; 

and  the  stone  shall  have  a bed  of  sand  properly  prepared  for  its 

reception,  of  a depth  of  not  less  than  ten  inches. 


330 


^ENGINEER  DEPARTMENT. 


When  and  where  Sec.  27.  It  sliall  be  lawful  for  aiiv  person  to  erect  awning- 

erected.  posts  Oil  aiij  Street  ( aiid  none  others)  of  twelve  feet  or  more  of 

sidewalk,  as  established  bj  ordinance,  except  Front  and  Main 
streets  : Provided ^ the  same  shall  not  be  less  than  four  nor  more 
than  seven  inches  at  the  center  in  diameter,  except  when  made  of 
iron  ; the  same  to  be  round  and  painted  with  at  least  three  coats 
of  white  paint,  and  to  be  placed  close  within  the  curb ; and 
j)rovided  further^  that  awnings  and  awning-posts  of  cast  iron 
may  be  erected  on  Main  street  and  other  streets  prohibited,  if  a 
written  permit  is  obtained  from  the  city  engineer  for  the  erection 
of  the  same,  specifying  the  kind  of  awning,  hight  and  size  of 
posts,  etc.,  and  that  the  awnings  be  put  up  strictly  in  conformity 
with  such  permit;  and  provided  farther^  that  such  permit  shall 
in  no  case  be  granted  by  the  city  engineer,  unless  the  owners 
representing  a major  part  of  the  property  fronting  on  the  street 
in  the  block  where  the  awning  or  awning- posts  are  proposed  to  be 
erected  shall  petition  for  the  same. 

Hight  and  size  Sec.  28.  The  hight  of  said  posts  shall  not  be  less  than  ten 

of  awning  P«)sts  r.  f.  . t . *111  t i 

and  boards.  ±eet  irom  the  pavement,  and  the  awning  shall  extend  entirely  over 
the  sidewalk  on  which  they  are  constructed ; the  front  boards  or 
cornice,  and  end  board,  not  to  be  more  than  one  foot  wide. 

To  be  erected  Sec.  29.  Awning-posts  shall  only  be  erected  under  the  super- 

of  engineer;  iiiteiidence  of  the  city  engineer,  and  the  pavements  shall  be  neatly 

repaired ; pen-  repaired  at  tlieii’  base  immediatelv  after  they  are  erected,  under  a 

altyfor  failure.  ^ r*  r>  i n e e -f  i • ^ IP  ^ 

penalty  or  hve  dollars  tor  a tailure  herein,  to  be  sued  tor  and 
recovered  of  the  party  ordering  the  same  to  be  erected. 

Remedy  against  Sec.  30.  It'  coniplaiiit  ill  Writing,  bv  ally  person  or  persons, 

awnings  ob-  . • ' 7 pp  i i 

structing  high-  shall  be  made  to  the  city  engineer,  to  the  enect  that  the  erection 
of  any  awning  or  awning-posts  interfere  in  any  way  with  the 
public  convenience,  or  the  free  and  uninterrupted  jiassage  of  any 
street  or  sidewalk,  or  with  the  convenient  transaction  of  business, 
the  city  engineer  shall  forthwith  make  personal  examination  of 
the  matter  set  forth  in  such  complaint;  and  if,  in  his  opinion, 
such  complaint  is  well  founded,  he  shall,  without  delay,  give 
notice  thereof,  in  writing,  to  the  owner  of  such  awning  or  awniiig- 
posts,  or  person  who  caused  the  same  to  be  erected,  ami  reipiire 
the  removal  of  such  awning  or  aivning-posts  within  five  days 
after  service  of  such  notice;  and  if  such  oivner  or  person,  after 
being  served  with  such  notice,  shall  neglect  or  fail  to  remove  such 


ENGINEER  DEPARTMEIST. 


831 


awning  or  awning-posts  within  five  days  tliorcaftcr,  he  or  tliey 
shall  be  deemed  gnilty  of  a In-each  of  tins  ordinance,  and  be 
snbiect  to  a fine  of  not  less  than  ten  nor  exceedino;  fifty  dollars,  Penalty  for  dis- 

J O J 7 obeying  eiigin- 

to  be  sued  for  and  recovered  before  the  recorder,  as  in  other  cases  remove'^al^ing 
of  breach  of  ordinance  of  the  city. 

Sec.  31.  It  shall  he  the  duty  of  the  street  inspectors,  the  Duty  of  certain 

inspector  of  buildings  and  fires,  and  the  police,  to  report  to  the  awnings  in  vio- 

city  engineer  all  persons  who  shall  have  erected,  or  who  shall  have  nance, 
in  the  course  of  erection,  any  awning-post  prohibited  by  this 
ordinance ; and  it  shall  be  the  duty  of  the  city  engineer  to  give 
notice  to  the  owner  or  occupant  of  the  premises  to  remove  said 
awning-posts,  so  erected,  within  five  days. 

Sec.  32.  If,  on  receipt  of  such  notice,  a copy  of  which  shall  Proceedings  on 

, . , . T . , failure  to  obey 

be  iett  on  the  premises,  the  said  awning- posts  are  not  removed 
within  five  days,  the  said  engineer  shall  report  the  owner  or 
occupant  of  the  premises  to  the  recorder ; and,  on  proof  of  the 
facts  that  said  huildings  or  awning-posts  are  erected  contrary  to 
ordinance,  the  said  owner  or  occupant  shall  be  fined  in  a sum  not 
less  than  twenty  nor  more  than  one  hundred  dollars,  with  the  penalty, 
addition  of  ten  dollars  per  day  for  each  and  every  day  the  said 
huildings  or  awning-posts  shall  be  allowed  to  remain  after  the 
expiration  of  the  five  days’  notice. 

Sec.  33.  U})on  a second  conviction,  for  the  same  offense,  of  penalty  for  sec- 
any  party,  under  this  article,  the  fine  shall  be  doulded,  and  the 
penalty  for  permitting  the  building  or  awning-posts  to  remain 
shall  be  twenty  dollars  a day. 

Sec.  34.  The  city  engineer  may,  when  retpiested,  grant  per-  vaults  may  be 
mits  for  the  construction  of  vaults  under  sidewalks,  the  mode  of  uerSwaikT 
constructing  which  shall  he  directetl  by  him,  and  he  shall  see  that 
the  same  are  constructed  according  to  the  terms  of  the  permit. 

Sec.  35.  Whenever  the  owners  representing  a majority  of  the  when  cuginoor 

, . ' may  cause  alleys 

property  fronting  upon  an  alley  shall  petition  the  mayor  to  cause 
the  same  to  be  graded  and  paved,  or  repaved,  he  shall  instruct  the 
city  engineer  to  contract  in  the  usual  manner  for  the  work  so 
petitioned  for,  and  he  shall  submit  the  contract  to  the  council  for 
approval ; and,  if  the  contract  shall  he  a])})roved,  lie  shall  cause  the 
work  to  he  done  immediately  thereafter.  The  jietition  for 
paving  alleys  shall  be  attached  to  the  contracts,  and  shall  be 
carefully  preserved  in  the  city  engineer’s  office.  The  cost  of  the 


Cost,  how  as- 
sessed. 


832 


ENGINEER  DEPARTMENT. 


Driving  on  side- 
walk. 


Fastening  ani- 
mals to  public 
property. 


Excavations  in 
highways  with- 
out protection. 


Not  inclosing 
excavations. 


Leaving  vaults 
uncovered. 


Causing  water 
from  eaves  to  be 
spread  over 
sidewalks. 


work  provided  for  in  this  section  shall  be  assessed  as  a special  tax 
upon  the  owners  of  the  property  fronting  upon  the  work  done,  in 
accordance  with  charter  and  ordinance. 

ARTICLE  IV. 

Offenses  Concerning  Streets  and  Private  Property. 

Section  1.  Whoever  shall,  in  this  city,  lead,  ride,  drive,  or 
place  any  beast  of  burden  or  vehicle  on  any  paved  sidewalk  or 
footway,  otherwise  than  going  into  or  out  of  premises  owned  or 
occupied  by  him  or  his  employer,  or  shall  hitch  or  fasten  any 
animal  to  a fire-plug  or  hydrant,  or  to  any  railing,  fence,  or 
ornamental  or  shade  tree,  lamp-post,  or  awning-post,  not 
belonging  to  him  or  his  employer,  shall  be  deemed  guilty  of  a 
misdemeanor. 

Sec.  2.  Whoever  shall,  in  this  city,  dig,  or  cause  to  be  dug, 
any  excavation  in  or  adjoining  any  highway,  thoroughfare,  or 
other  public  place,  and  shall  not,  during  the  night,  cause  the 
same  to  be  fenced  in  with  a substantial  fence  at  least  three  feet 
high,  the  boards  or  rails  of  which  shall  not  be  more  than  one  foot 
apart,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  3.  Any  citizen  or  contractor  for  public  work  who  shall 
make  an  excavation  in  any  highway  or  thoroughfare,  and  shall 
not  cause  poles  or  timbers,  raised  at  least  three  feet  above  the 
ground,  to  be  so  placed  as  to  prevent  persons,  animals,  or  vehicles 
from  falling  into  the  same,  shall  be  deemed  guilty  of  a misde- 
meanor. 

Sec.  4.  Whoever  shall,  in  this  city,  dig,  or  cause  to  be  dug, 
in  any  highway,  thoroughfare,  or  sidewalk,  a vault,  and  shall 
not  arch  or  cover  the  same  over,  and  secure  the  grating  or  cover- 
ing of  the  opening  thereof  in  such  manner  as  to  prevent  persons, 
animals,  and  vehicles,  from  falling  therein,  shall  be  deemed 
guilty  of  a misdemeanor. 

Sec.  5.  Whoever,  owning  or  occupying  any  building  in  this 
city,  shall  not  cause  the  pipes  conducting  the  water  from  the 
eaves  of  the  building  to  lie  so  constructed  as  not  to  spread  the 
water  over  the  sidewalks,  shall  be  deemed  guilty  of  a misde- 
meanor. 

Sec.  G.  Whoever,  in  this  city,  shall  keep  or  leave  oi)en  any 


ENGINEER  DEPARTMENT. 


cellar- door,  or  ffratino;  of  any  vault,  on  any  liiMiway,  tliorouMi-  ueavinK  open 
fare,  or  sidewalk,  or  shall  suffer  any  such  door  or  grating,  belong-  vault, 
ing  to  premises  occupied  by  him,  or  any  such  place,  to  be  in  an 
insecure  condition,  whereby  passers  may  be  in  danger  of  falling 
into  a cellar  or  vault,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  7.  Whoever  shall,  in  this  city,  set  up,  or  cause  to  be  signs  projecting 

1 p -111  1 sidewalk. 

set  up,  any  sign,  sign- box,  or  hxture,  which  shall  extend  over  or 
upon  any  sidewalk  more  than  eighteen  inches  from  the  building 
line  or  inside  of  said  sidewalk,  unless  such  sign,  box  or  fixture 
be  placed  on  the  top  of  awning,  the  boards  thereof  not  exceed- 
ing eighteen  inches  in  width,  and  the  lettering  not  less  than  ten 
inches  high  ; or  shall  construct  anv  bow-window  to  project  more  Bow-windows 

^ i extending  on  to 

than  eighteen  inches  from  the  building  line  ; or  shall  suspend  any  sidewalk. 

merchandise  or  other  article  in  front  of  any  house,  more  than  suspending  mer- 

eighteen  inches  from  the  wall  thereof  (if  less  than  eight  feet  sidewalk. 

above  the  pavement),  or  more  than  two  feet  from  the  wall  at  any 

hight  above  the  pavement ; and  whoever  shall  place  or  throw,  or 

cause  to  be  placed  or  thrown,  upon  any  highway,  thoroughfare, 

sidewalk,  or  public  place,  any  article  Avhatever,  so  as  to  obstruct 

or  otherwise  encumber  the  same  ; or  shall,  upon  any  such  place, 

expose  or  offer  any  merchandise  or  other  pro])erty,  for  show  or  Exposing  mor- 

^ ^ ^ , chandise  for 

sale,  by  auction  or  otherwise,  shall  be  deemed  guilty  of  a niisde-  sale  in  highway 
meanor;  Provided^  that  nothing  in  this  section  shall  be  so  Merchants  may 

, 1 f r*  occupy  pari  of 

contrued  as  to  prevent  merchants  or  manuracturers  rrom  occupy-  sidewalk, 
ing  with  their  wares  eighteen  inches  of  the  inside  of  the  sidewalk.  Part  of  street 

1 -1  -1  11  • • 1 e 1 • -11  may  be  used  for 

where  said  sidewalk  is  eight  leet  or  less  in  width ; twenty  buihiing  mate- 

inches,  if  over  eight  and  less  than  ten  feet  wide  ; and  two  feet 
if  the  sidewalk  is  ten  feet  or  over  in  width.  Nor  shall  this  sec- 
tion be  so  construed  as  to  prevent  merchants  from  occupying  a 
greater  space  on  the  sideivalk  Avhen  receiving  or  shipping  goods, 
if  said  goods  are  not  permitted  to  remain  more  than  eight  hours, 
and  at  least  one-half  of  the  sidewalk  is  at  all  times  kept  clear 
for  passengers  ; Jind  provided  further^  that  no  person  shall 
be  prevented  from  occupying,  for  building  purposes,  so  much  of 
any  street  or  sidewalk,  for  a reasonable  time,  as  may  be  assigned 
by  the  chief  engineer  of  the  fire  department.* 


*Tlie  words  “street  inspector,  ’ ’ in  the  original  ordinance,  are  changi'd 
to  “chief  engineer  of  the  fire  department”  by  ordinance  No.  5487, 
approved  January  24,  18G5. 


384 


IToisting  arti- 
cles over  thor- 
oughfare. 


Penalty. 


Injuring  public 
property. 


Casting  coal  or 
lirewood  on 
sidewalk. 


Obstructing 
highway  with 
vehicle. 


Police  to  carry 
this  section  in- 
to effect. 


Owners  and  oc- 
cupants to  keep 
sidewalks  clean. 


ENGINEER  DEPARTMENT. 

Sec.  8.  Any  person  in  this  city  avIio  shall  hoist  on  the  outside 
of  any  building,  over  any  thoroughfare  thereof,  any  merchandise, 
grain,  or  building  or  other  material  or  article,  shall  he  deemed 
guilty  of  a misdemeanor,  and  shall  be  subject  to  a fine  of  not 
less  than  ten  dollars  for  each  and  every  offense. 

Sec.  9.  Whoever  shall,  in  this  city,  willfully  cut,  hack,  or 
otherwise  injure  any  lamp-post,  awning-post,  sign,  fire-plug, 
hydrant,  ornamental  or  shade  tree,  railing,  fence,  or  other  inclos- 
ure, or  any  property  belonging  to 'the  city,  shall  be  deemed 
guilty  of  a misdemeanor.  , 

Sec.  10.  Whoever  shall,  in  this  city,  cast,  throw,  or  place  upon 
any  paved  sidewalk,  any  stone-coal  or  firewood,  or  shall  saw,  or 
permit  to  be  sawed,  any  firewood  upon  such  sidewalk,  shall  be 
deemed  guilty  of  a misdemeanor. 

Sec.  11.  If  any  wagoner,  carter,  drayman,  or  the  driver  of  any 
carriage,  sleigh,  sledge,  buggy,  furniture- car,  or  any  other  vehicle 
for  pleasure  or  burden,  shall  stop  or  place  any  such  cart,  wagon, 
dray,  carriage,  sleigh,  sledge,  buggy,  furniture- car,  or  other 
vehicle  for  pleasure  or  burden,  in  any  street,  lune,  or  public 
alley,  or  near  the  intersection  of  any  street,  lane,  or  public  alley, 
or  across  the  crossing  or  footway  along  or  across  any  street,  lane, 
or  public  alley,  so  as  to  obstruct  the  free  passage  on  the  crossing 
or  footway  along  or  across  such  lane,  street,  or  public  alley,  he 
shall  be  deemed  guilty  of  a misdemeanor  ; and  it  shall  be  the 
special  duty  of  the  city  police,  in  all  its  branches,  to  see  that  the 
provisions  of  this  section  are  carried  into  effect. 

Sec.  12.  Whoever  shall,  himself,  or  by  another,  place  upon  any 
highway  or  other  public  place  any  obstruction  not  authorized  by 
ordinance,  or  make  any  excavation  in  such  place  without  lawful 
authority,  or  displace  or  remove  any  stones,  stakes  or  other 
landmarks  placed  by  any  officer  of  this  city  under  authority 
thereof,  or  injure  or  deface  any  property,  or  violate  any  provisions 
of  this  ordinance  for  violation  of  which  no  specific  penalty  is 
provided,  shall  forfeit  and  pay  not  less  than  ten  dollars. 

Sec.  18.  All  persons  are  required  to  keep  the  paved  sidewalks 
in  front  of  the  tenements  and  grounds  belonging  thereto  respectively 
occupied  by  them  (and  where  houses  are  occupied  by  several  ten- 
ants, then  the  person  occupying  the  tenement  or  tenements  nearest 
to  the  street),  swept  and  clear  of  mud,  dirt  and  filth,  and,  after  any 


ENGINEER  1)E1^\RTMENT. 


fall  of  snow,  to  cause  tlic  snow  to  be  immediately  removed  there- 
from into  the  carriage-way  of  the  street,  under  a penalty  of  not 
less  than  two  dollars  for  a failure  to  comply  with  the  requirements 
of  this  section;  and  the  street  inspector  shall  report  to  the  street  inspector 

1 f*  •!  1 1-11  report  viola- 

recorder  all  persons  who,  by 'such  radure,  have  become  liable  to  tions. 
said  penalty.  And,  upon  every  conviction,  the  street  inspector 
reporting  the  party  convicted  shall  receive  a fee  of  twenty-five  viction. 
cents. 

Sec.  14.  Any  person  who  shall,  willfully  or  maliciously,  or  injuring  lamp- 
negligently,  injure,  pull  down,  or  break,  any  lamp-ytost,  bracket,  graph  posts,  etc. 
or  gas-lamp,  or  telegraph  post,  or  telegraph  wire  or  wires  con- 
nected with  the  fire-alarm  telegraph,  within  the  city  of  St.  Louis, 
shall  be  deemed  guilty  of  a breach  of  this  ordinance,  and  subject* 
to  a fine  of  not  less  than  ten  nor  more  than  three  hundred  dollars , Penalty, 
to  be  sued  for  and  recovered  as  in  other  cases  of  breach  of  city 
ordinances. 

Sec.  15.  One-half  of  any  fine  recovered  and  collected  f or  one-hau  of  pen- 

^ ^ alty  to  be  paid 

a breach  of  the  foregoing  section  shall  be  paid  to  the  informer,  intormer. 
or  person  who  shall  make  complaint  of  any  violation  or  breach 
thereof,  and  attend  to  the  prosecution  of  such  complaint  to 
judgment  against  the  party  or  person  informed  against. 

Sec.  16.*  All  holes,  depressions,  excavations,  or  other  dangerous  uoies,  etc.,  to 
places,  within  the  city  of  St.  Louis,  that  are  below  the  natural 
or  artificial  grades  of  the  surrounding  or  adjacent  street,  shall  be 
properly  inclosed  with  fences  or  walls,  or  be  filled  up,  so  as  to 
render  such  places  secure  from  liability  of  persons  and  animals 
falling  into  them. 

Sec.  17.  The  city  engineer  shall  notify  the  owners  or  occupants  Engineer  to  no- 

£ • 1 1 • e tifyowne.s. 

or  premises  on  winch  such  dangerous  places  exist  to  cause  rences 
or  walls  to  be  built,  or  to  be  filled  up,  within  such  period  as  he 
shall  deem  the  exigencies  of  the  case  may  require. 

Sec.  18.  Whenever  the  said  owner  or  occupant  shall  refuse  or  Engineer  to  in- 

r.  .,  1-1  • 1 ^ close  dangero>is 

rail  to  comply  with  such  notice,  or  whenever  such  owners  or  pieces,  when, 
occupants  can  not  be  found,  then  the  engineer  shall  cause  such 
dangerous  places  to  be  fenced  or  walled  in,  filled  up,  or  covered 
over,  as  each  case  may  require. 


* Sections  1()-21,  inclusive,  of  the  above  arlicle,  compose  ordinance  No. 
5333,  approved  June  13,  1804. 


336 


ENGINEER  DEPARTMENT. 


Cost  of  work  to 
be  lien  on  prop- 
ertj’. 


Tax-bill  to  be 
evidence  of 
claim. 


Expenses,  what 
fund  to  be  paid 
out  of. 


Sewer  depart- 
ment estab- 
lished. 


Committee  to 
preside  over 
same. 


Sewer  commit- 
tee, how  elected. 


When  and  where 
to  meet. 


Duties  of  sewer 
committee. 


Sec.  19.  The  cost  of  all  such  work  shall  he  assessed  as  a 
special  tax  against  the  property  upon  which  the  dangerous  places 
exist,  and  said  special  tax  shall  be  a lien  against  such  property, 
and  shall  be  collected  in  the  same  manner  as  other  special  taxes 
are  collected. 

Sec.  20.  The  city  engineer  shall  certify  in  the  tax-bill  so 
assessed  the  kind  of  work  done,  and  the  purpose  for  which  it  was 
required  to  be  done  ; and  such  certificate  shall  be  prima  facie 
evidence  of  the  validity  of  the  special  tax  so  assessed. 

Sec.  21.  The  expense  which  the  city  engineer  may  incur  in 
doing  the  work  above  mentioned  shall  be  charged  to,  and  paid 
out  of,  appropriations  for  streets  and  alleys  ; and,  when  the  special 
taxes  for  the  Avork  shall  be  collected,  the  said  appropriations  shall 
be  credited  with  the  amount. 

ARTICLE  V. 

Sewers. 

Section  1.  A department  of  the  city  government  is  hereby 
established,  to  be  styled  the  ‘‘  Sewer  Department,”  which  shall 
embrace  all  matters  pertaining  to  the  drainage  of  the  city,  and 
which  shall  be  presided  over  by  a committee  of  the  common 
council,  to  be  styled  the  “Sewer  Committee,”  in  conjunction 
with  the  city  engineer. 

Sec.  2.  The  sewer  committee  shall  consist  of  five  members  of 
the  common  council : one  from  the  first  and  second  wards,  one 
from  the  third  and  fourth  wards,  one  from  the  fifth  and  sixth 
wards,  one  from  the  seventh  and  eighth  wards,  and  one  from  the 
ninth  and  tenth  wards  ; and  the  delegation  of  every  two  wards 
shall  elect  the  member  of  the  committee,  Avho  shall  hold  their 
office  during  the  term  for  Avhich  they  ivere  elected  to  the  council. 
The  annual  vacancies  occurring  shall  be  filled  at  the  first  meeting 
of  the  council  in  each  fiscal  year.  The  sewer  committee  shall 
meet  once  each  month,  or  oftener  if  the  business  of  the  depart- 
ment should  require  it.  The  place  of  meeting  shall  be  at  the 
city  engineer’s  office,  or  in  a room  adjacent  thereto. 

Sec.  3.  It  shall  be  the  duty  of  the  sewer  committee : 

First.  To  take  cognizance  of  all  matters  pertaining  to  the 
drainage  of  the  city. 


ENGINEEli  DEPAUTMENT. 


‘>0  7 
OO  4 


Second.  To  exorcise  a strict  control  over  tlic  expenditure  of 
the  public  scAver  fund. 

Third.  To  prepare  and  report  to  the  council  a general  system 
of  public  scAvers. 

Fourth.  To  see  that  the  system  adopted  is  strictly  carried  out 
in  accordance  Avitb  the  biAVS  and  ordinances  of  the  city. 

Fifth.  To  grant  permits  to  make  connections  Avitb  public 
and  district  scAvers,  under  certain  restrictions  hereinafter  men- 
tioned. 

Sixth.  To  report  to  the  council  upon  all  petitions  and  ordi- 
nances in  relation  to  public  and  district  seAA^ers. 

Seventh.  To  supervise  the  preparation  of  plans,  specifications, 
and  contracts  for  the  same,  and  report  them  to  the  council. 

Eighth.  To  see  that  the  expenditures  for  public  seAvers,  in 
each  fiscal  year,  do  not  exceed  the  revenue  of  that  year  accruing 
to  the  public  seAver  fund. 

JWixth.  To  report  to  the  council,  at  the  last  meeting  in  each 
fiscal  year,  the  probable  amount  required  to  carry  on  the  public 
seAver  improvements  of  the  next  year,  including  the  repairs  and 
all  other  expenses  chargeable  to  the  public  seAver  fund. 

Tenth.  To  report  to  the  council,  Avhenever  called  upon,  all 
information  in  its  possession  relative  to  all  matters  under  its 
charge,  and  generally  to  do  all  laA\T‘ul  acts  necessary  to  render 
this  department  efficient  in  its  Avorking,  and  to  accomplish  the 
objects  for  A\diich  it  avuis  established. 

Sec.  4.  It  shall  l)e  the  duty  of  the  city  engineer,  under  the  of  en^i 
instructions  of  the  seAver  committee  : sewer  matters; 

First.  To  attend  all  the  meetings  of  the  seA\'er  committee, 
and  to  cause  a journal  of  its  proceedings  to  be  kept;  and  to 
publish  an  abstract  of  the  same  in  the  iieAVSpapers  doing  other 
city  printing. 

Second.  To  prepare  all  plans,  specifications  and  contracts, 
for  scAA'ers  ordered  to  be  constructed,  and  to  advertise  and  let  out 
the  same  in  accordance  Avith  the  mode  })rescribed  for  other  city 
AV'ork,  and  to  grant  permits  to  make  connections  Avith  all  scAvers 
under  certain  restrictions  hereinafter  mentioned. 

Third.  To  superintend  the  construction  of  all  public  and 
district  seAvers,  and  to  see  that  the  prescriptions  in  relation  to 
priva  te  seAvers  are  strictly  obeyed. 

22 


338 


ENGINEER  DEPARTMENT. 


Fourth.  To  take  charge  of  all  ])usiiiess  relating  to  this 
department  which  may  originate  during  the  vacation  of  the 
committee,  and  to  present  the  same  for  its  action  at  the  next 
meeting. 


Engineer  to  be 
executive  officer 
ot  sewer  com- 
nuttee;  further 
(Julies  of. 


May  appoint  as- 
.si.stants,  etc. 


How  paffi. 


Fifth.  To  prepare  a hydrographic  map  of  the  city,  showing 
the  public  sewers  already  constructed,  and  those  which  are  still 
required,  and  the  territory  drained  and  to  be  drained  by  each  ; 
colored,  so  as  to  show  its  extent  distinctly ; together  with  the 
alignment,  dimensions,  depth  and  fall  of  each  sewer,  so  far  as 
the  same  can  be  ascertained. 

Sixth.  To  make  estimates  of  the  cost  of  sewers,  and  to  fur- 
nish the  committee  with  all  the  required  information  relating 
thereto ; and  to  do  and  perform  generally  all  other  lawful  acts 
necessary  to  secure  an  efficient  working  of  this  department  of  the 
city  government. 

Sec.  5.  The  city  engineer  shall  he  the  chief  executive  officer 
of  the  sewer  committee.  He  shall  keep  a separate  book  account 
of  all  expenditures  for  each  sewer,  whether  public  or  district,  or 
in  construction  ; and  a similar  account  of  reconstruction,  repairs, 
cleaning,  superintendence,  and  all  other  incidental  expenses. 
Detailed  plans  shall  be  kept,  in  book  form,  of  all  sewers  con- 
structed, showing  the  alignment,  the  depth  below  the  grade  of  the 
street,  the  dimensions  and  form,  together  with  a full  statement  of 
the  final  measurement  of  the  work  done  or  in  construction, 
specifying  each  item,  its  contract  price  and  cost ; and,  in  case  of 
district  sewers,  there  shall  be  an  accompanying  map  of  .the 
district,  showing  the  net  area  of  the  district,  the  dimensions  and 
area  of  each  lot,  with  the  owner’s  name  written  thereon,  and  the 
amount  assessed  against  each  lot ; also,  the  kind,  dimensions, 
amount,  and  position,  of  all  the  Avoi-k  done  in  constructing  the 
sewer. 

Sec.  6.  The  city  engineer,  with  the  consent  of  the  sewer 
committee,  shall  appoint  such  superintendents  and  other  assis- 
tants as  they  shall,  from  time  to  time,  deem  necessary  for 
the  efficient  working  of  this  department.  The  salaries  of 
said  superintendents  and  other  assistants  shall  be  paid  out  of 
the  public  sewer  fund,  except  in  cases  hereinafter  provided 
for  ; and  they  shall  be  dismissed  at  any  time  when  the  engi- 
neer and  sewer  committee  shall  deem  it  ex])edient  to  do  so. 


ENGINEER  DEPARTMENT. 


339 


Sec.  7.  The  sewer  committee  sliall  not  aiitliorize  the  eno;ineer  Limitations  or 

contracts  for 

to  let  out  sewer  contracts  in  amounts  greater  than  one  hundred  sewers, 
thousand  dollars. 

Sec.  8.  Public  sewers  shall  only  he  established  along  the  Construction  of 
principal  courses  of  drainage  throughout  the  whole  city,  and 
shall  be  constructed  in  accordance  with  the  general  sewer  system 
hereinafter  provided  for,  and  at  such  times  as  public  necessity 
may  require  them  ; and  the  public  sewer  fund  shall  be  expended 
in  the  different  portions  of  the  city  so  as  to  give  each  portion 
a fair  distribution  of  the  benefits  arising  therefrom.  After  a 
public  sewer  shall  have  been  established  by  ordinance,  the  sewer 
committee  shall  let  out  such  portion  as  may  be  deemed  necessary, 
and  the  committee  shall  report  contracts  for  the  same,  which 
shall  be  approved  by  the  council  before  going  into  effect ; and 
the  same  course  shall  be  pursued  in  regard  to  the  reconstruction 
of  all  public  sewers.  The  engineer  shall  certify  to  the  amount  Further  duties 

„ : , , , . engineer. 

or  work  done  under  contracts  to  the  sewer  committee ; and  the 
chairman  thereof,  when  directed  so  to  do  by  the  sewer  committee, 
shall  draAv  his  requisition  on  the  auditor  for  the  amount  due, 
chargeable  to  the  public  sewer  fund.  The  public  servers  shall  be 
kept  in  complete  repair  by  the  engineer,  under  the  instructions 
of  the  sewer  committee,  and  the  cost  of  such  repairs  shall  be 
certified  to  by  the  engineer  to  the  sewer  committee  ; and  the 
chairman  thereof,  Avhen  directed  so  to  do  by  the  sewer  committee, 
shall  draAV  his  requisition  on  the  auditor  for  the  amount,  and 
shall  make  it  chargeable  to  the  ])ublic  sewer  fund. 

Sec.  1).  Whenever  a party  desires  to  make  a connection  with  a Connections 
public  sewer,  application  shall  be  made  therefor  to  the  sewer  Tewerr^bow 
committee  or  the  city  engineer,  avIio  may  grant  or  refuse  the 
same,  as  occasion  may  require  ; and  the  party  to  whom  permission 
is  granted  shall  give  bond,  to  be  approved  by  the  seAver  committee 
or  the  city  engineer,  in  the  sum  of  five  hundred  dollars,  con- 
ditioned that  he  will  hold  the  city  harmless  against  any  damages 
that  may  ensue  from  making  such  connection.  Any  person  renaity  toi  vio- 
making  a connection  Avith  a public  scAver  Avithout  the  permit  above 
mentioned,  or  in  violation  of  the  instructrions  of  the  engineer, 
shall  forfeit  and  pay  to  the  city  one  hundred  dollars,  upon  con- 
viction of  the  fact  before  the  recorder ; and  all  such  fines  shall  be  ^eJ^er^funu 
credited  to  the  public  sewer  fund. 


840 


ENGINEER  DEPARTMENT. 


Sewer  districts  Sec.  10.  It  slijill  be  the  (lutv  of  the  seAvei*  committee  to  sub- 
lished.  divide  the  city  into  sewer  districts  of  convenient  size,  designating 

them  by  the  name  of  the  sewer  into  which  they  will  drain,  and 
numbering  them  continuously  from  one  upwards,  and  report  the 
same  from  time  to  time  to  the  council,  accompanied  with  drafts 
of  ordinances  establishing  them  by  metes  and  bounds. 

District  sewers,  Sec.  11.  Whenever  a majority  of  the  property  owners  resident 

when  to  be  or-  • i • , . . • i • • • r* 

dered  by  com-  witliin  a sewei'  disti’ict,  or  Within  a convenient  portion  or  a sewer 
district,  shall  petition  for  the  building  of  a sewer  therein,  or 
Avhenever  the  sewer  committee  shall  deem  a sewer  necessary  for 
sanitary  or  other  purposes,  it  shall  be  the  duty  of  the  sewer 
committee  to  report  the  fact  to  the  council,  with  an  accompanying 
draft  of  an  ordinance  authorizing  the  construction  of  a district 
sewer  within  said  district,  or  portion  of  said  district,  as  the  case 
may  be. 

Engineer  to  car-  Sec.  12.  Whenever  the  construction  of  a district  sewer  shall 
ces  for  district  have  been  authorized,  it  shall  be  the  duty  of  the  engineer,  under 

sewers.  . . i , e 

the  instructions  or  the  sewer  committee,  to  let  out  the  work  or 
construction  in  the  same  manner  as  other  city  work  is  let  out ; 
and  to  prepare  a plan,  specification,  and  contract  for  the  same, 
which  shall  be  reported  by  the  sewer  committee  to  the  council  for 
approval.  After  the  contract  has  been  approved,  it  shall  be  the 
duty  of  the  engineer  to  cause  the  sewer  to  be  constructed  in 
accordance  with  the  terms  of  the  contract. 

Cost  of  district  Sec.  13.  So  sooii  as  a district  sewer  shall  have  been  fully 
sessed’and  col-  completed,  the  city  engineer,  or  other  officer  having  charge  of 
the  work,  shall  compute  the  whole  cost  thereof,  and  shall  assess 
it  as  a special  tax  against  the  lots  of  ground,  exclusive  of 
improvements,  in  proportion  to  the  area  of  the  whole  district, 
exclusive  of  public  highways  ; and  said  officer  shall  make  out  a 
certified  bill  of  such  assessment  against  each  lot  of  ground 
within  the  district,  in  the  name  of  the  owner  thereof,  subject  to 
.the  approval  of  the  committee ; said  certificate  shall  be  delivered 
to  the  contractor  for  the  work,  who  shall  proceed  to  collect  the 
same  by  ordinary  process  of  law,  in  the  name  of  the  city,  to  his 
own  use  ; and  in  cases  of  absent  owners  he  may  sue  by  attachment, 
or  by  any  other  process  known  to  the  law ; and  each  ccrtiticate 
shall  be  a lien  against  the  lot  of  ground  described  therein,  and 
shall  bear  interest  at  the  rate  of  ten  per  centum  per  annum  from 


ENGINEER  DEPARTMENT. 


341 


thirty  days  after  the  date  of  issue;  and  if  not  paid  within  six 
months  after  date  of  issue,  then  it  sliall  bear  interest  at  the  rate 
of  fifteen  per  centum  per  annum  until  paid. 

Sec.  14.  The  repairs,  cleaning,  and  other  incidental  expenses 
of  district  sewers,  shall  be  paid  out  of  a general  appropriation 
for  that  purpose ; and  at  the  end  of  each  fiscal  year  the  auditor 
shall  report  to  the  common  council  the  amounts  paid  on  account 
of  each  district  separately,  and  the  assessors  shall  be  instructed 
to  assess  the  amounts  charged  to  each  sewer  district,  in  pro- 
portion to  the  assessed  value  of  the  property,  as  ^‘a  special 
district  sewer  tax,”  and  shall  charge  it  as  an  item  in  the  general 
tax-bills  of  any  fiscal  year  after  the  expenditure  shall  be  made. 

Sec.  15.  Any  person  wishing  to  make  a connection  with  a dis- 
trict sewer,  for  the  purpose  of  draining  premises  located  within 
the  district,  shall  make  application  to  the  sewer  committee  or 
city  engineer ; and,  if  the  committee  or  city  engineer  shall  grant 
the  application,  a permit  shall  be  issued  for  that  purpose,  signed 
by  the  engineer  or  the  chairman  of  the  committee  ; and  the  party 
to  whom  permission  is  granted  shall  give  bond,  to  be  approved  by 
the  sewer  committee  or  city  engineer,  in  tlie  sum  of  two  hundred 
and  fifty  dollars,  conditioned  that  he  will  hold  the  city  harmless 
{igainst  any  damages  that  may  ensue  from  making  such  connec- 
tion. No  permit  shall  be  issued  to  drain  premises  situated  out  of 
the  district ; nor  shall  a permit  ])e  issued  to  any  person  who  is  not 
the  owner,  lessee,  or  legal  representative  of  the  property  sought 
to  be  drained.  Any  person  attempting  to  make  a connection 
with  any  district  sewer,  without  a permit,  shall  be  fined  fifty 
dollars,  upon  conviction  of  the  fact  before  the  recorder.  All 
connections  to  sewers  sliall  be  made  in  the  most  substantial  man- 
ner, under  the  superintendence  of  tlie  engineer  ; and  any  person 
who  shall  make,  or  cause  to  be  made,  any  defective  private  sewer, 
where  the  same  passes  under  a ])ublic  highway,  shall  be  fined 
fifty  dollars,  upon  conviction  of  the  fact  before  the  recorder  ; and 
the  engineer  shall  cause  said  defective  sewer  to  be  shut  up.  The 
engineer  shall  cause  a book  to  be  kept  in  which  an  abstract  of 
all  permits  issued  shall  be  recorded,  and  all  bonds  required  by 
this  ordinance  shall  be  filed  in  the  office  of  the  city  register.  All 
connections  to  sewers  shall  be  made  'under  such  other  regula- 
tions as  may  be  provided  by  ordinance. 


Cost  of  repair- 
ing and  cleaning 
sewers,  how 
charged  and 
collected. 


Connection  with 
district  sewers, 
how  made. 


Penalty  for  vio- 
lating this  sec- 
tion. 


342 


ENGINEER  DEPARTMENT. 


Knsineer  to  ad-  Sec.  16.*  Tlic  citv  eiio;iiieer  is  hereby  authorized  and  instruct- 

vertisp  for  bids  i i t -pi  • 

for  offal  in  ed,  uiuler  the  direction  or  the  committee  on  sewers,  on  the  first 

sewers.  _ ^ 

Monday  in  September  in  each  year,  to  let  out,  in  the  usual  man- 
ner, to  the  highest  and  best  bidder,  the  right  to  remove  and  use 
the  offal  accumulating  in  the  various  public  sewers  of'  the  city  of 
St.  Louis.  The  contract  based  upon  the  award  shall  be  made 
subject  to  the  approval  of  the  common  council,  and  shall  specify 
the  manner  of  removing  the  offal,  and  the  regulations  which  shall 
govern  the  conduct  of  the  persons  while  removing  the  same. 

Sum  bid  to  be  Sec.  17.  As  soon  as  the  contract  shall  have  been  approved, 

paid  into  treas  party  to  wliom  tlic  coiitract  is  let  shall,  within  ten  days,  pay 
into  the  city  treasury  the  sum  specified  in  the  contract  to  be  paid, 
and  the  auditor  shall  credit  the  amount  to  the  public  sewer  fund. 

Manner  of  lei-  Sec.  18.  Tlic  scwci’  committec  shall  include  the  Avhole  of  the 

ting  contracts ; 

provisions  to  be  public  scwcrs  ill  0110  coiitract,  or  the  city  may  be  divided  into 

inserted  in.  ^ > .j 

several  districts,  as  the  committee  shall  deem  best  for  the  interest 
of  the  city.  No  dam,  machine,  or  other  fixture,  shall  be  placed 
within  any  sewer  for  the  purpose  of  collecting  and  removing  the 
offal ; but  all  such  appliances  must  be  outside,  and  beyond  the 
mouths  of  the  sewers. 


ARTICLE  VI. 

Street  Lmnps. 

Cleaning,  light-  SECTION  1.  The  city  engineer  is  hereby  authorized  and  in- 

ing,  etc.,  of  J n tJ 

street  lamps,  to  gtructod  to  coiitract,  ill  tlio  saiiie  manner  as  for  other  city  ivork, 
for  the  cleaning,  lighting,  and  repairing  of  the  public  street 

How  let.  lamps,  for  the  term  of  one  year  ; and  the  said  work  shall  be  re-let 
annually  thereafter,  unless  otherwise  ordered  by  the  committee  on 
gasAvorks.  The  lighting,  cleaning,  and  repairing  shall  each  be 
let  separately,  if  it  shall  be  to  the  interest  of  the  city  so  to  do,  and 
the  price  shall  be  for  each  item. 

Engineer  may  Sec.  2.  The  city  engineer,  Avith  the  advice  and  consent  of  the 

appoint  superin-  • r*  • i i i i i i in  • *11 

tendentofstreet  itiayor,  it  it  slioiild  tie  (leeiued  necessary,  sliall  appoint  a suitalile 
person  to  superintend  the  ]mblic  street  lamps,  under  the  direction 
of  the  city  engineer,  at  a salary  not  exceeding  sixty  dollars  per 
month.  The  lighting  and  the  extinguishing  of  the  lani])S  shall 

* Sections  IG,  17,  and  18,  do  not  foi-in  ])art  of  Hu;  original  ordinanc(‘,  bid 
are  contained  in  ordinance  No.  5558,  approved  March  21,  18G5. 


ENGINEER  DEPARTMENT. 


be  ill  accordance  with  the  contract  lietwcen  the  city  of  St.  Louis 
and  the  St.  Louis  gasliglit  company. 

Sec.  8.  The  cost  of  tlie  above-mentioned  work,  and  also  tlie  cost  of  above 
salary  of  the  superintendent  aforesaid,  shall  be  paid  monthly,  on 
the  certificate  of  the  city  engineer,  and  shall  be  charged  to 
appropriation  for  lighting  the  city. 

Sec.  4.  All  public  street  lamps  shall  have  the  name  of  the  Names  of  streets 
street  painted,  in  a conspicuous  manner,  on  the  side  which  faces 
the  street  or  streets  on  which  they  are  placed ; and  the  city 
engineer  is  hereby  instructed  to  make  a stipulation  to  that  efiect 
in  all  contracts  hereafter  entered  into  in  accordance  with  the 
above  provisions. 


ARTICLE  VII.* 

Concerning  the  Connection  with  Sewers,  Gas  and  Water 

Pipe,  Etc. 

Section  1.  The  city  engineer  is  hereby  authorized  and  in-  Engineer  to  con- 
structed to  contract,  in  the  usual  manner,  on  the  first  day  of  July  ing  connections, 
of  each  year,  for  the  making  of  all  connections  with  sewers,  water 
and  gas  pipes,  required  to  be  made  in  all  improved  streets  and 
alleys  within  the  city  of  St.  Louis. 

Sec.  2.  All  persons  who  desire  to  have  such  connections  made  Proceedings  to 
shall  deposit  with  the  city  engineer  a sum  which,  in  his  judgment,  tions  made.' 
shall  be  sufficient  to  pay  the  cost  of  making  the  connection;  and  costs  deposited, 
the  engineer  shall  give  a receipt  for  the  sum  so  paid,  and  shall 
then  instruct  the  contractor  to  make  the  connection,  provided, 
the  requirements  of  otlier  ordinances  have  been  complied  with. 

When  the  work  shall  have  been  completed,  the  engineer  shall 

make  ti  measurement  thereof,  and  shall  pay  the  contractor 

according  to  the  terms  of  his  contract;  and  if  the  sum  deiiosited  s^'vinstubere- 

with  the  engineer  shall  be  moi'e  tlnin  sufficient  to  ])ay  the  cost  of 

the  work,  the  balance  shall  be  refunded  to  the  j)erson  making  the 

deposit;  and  if  the  sum  deposited  be  not  sufficient,  then  the 

person  applying  for  the  connection  shall  be  bound  to  pay  the 

balance  before  he  shall  be  permitted  to  use  the  connection  so 

*This  article  is  not  ])art  of  the  original  ordinance.  It  was  passed  as 
ordinance  No.  534(),  api)roved  .Juiu*.  21),  18(54,  and  directed  to  be  incorpo- 
rated into  this  by  ordinance  No.  5487,  approved  January  24,  1805. 


FINES  AND  PENALTIES. 


344 


made.  The  work  to  be  done  by  the  contractor  shall  not  include 
the  plumbing  of  water-pipes,  nor  the  fitting  of  gas-pipes, 
loxcavating  in  Sec.  3.  Aiw  person  wlio  sliall  dig  into,  or  cause  any  excava- 

strepts  witllout  . , , . , ° . , . , . 

permission.  tion  to  be  made  into,  any  improved  street  or  alley  within  the  city 
of  St.  Louis,  without  written  permission  from  the  city  engineer 
so  to  do,  shall  be  deemed  guilty  of  misdemeanor,  and,  upon 
Penalty.  coiivictioii  before  the  recorder,  shall  be  fined  not  less  than  fifty 
nor  more  than  one  hundred  dollars. 

Making  tire  on  Sec.  4.  Any  poi'son  who  sliall  make,  or  cause  to  be  made,  a 
r'lent.  fire  ou  any  wooden  pavement  within  the  city  of  St.  Louis,  shall 

be  deemed  guilty  of  a misdemeanor,  and  shall,  upon  conviction 
Penalty.  before  the  recorder,  be  fined  not  less  than  fifty  nor  more  than  one 
hundred  dollars. 


( No.  3438.  ) 

FINES  AND  PENALTIES. 


AN  OEDINANCE  IN  EELATION  TO  FINES,  FORFEITURES  AND  PENALTIES. 


Breach  of  ordinance^  penalty  for, 

when  not  fixed ^ 1 

Fme^  amount  ot,  when  not  fixed  1 
maximum  of,  when  not  fixed , 2 

Maximum  oI  penaltv,  when  not 
fixed 2 


Maximum  of,  may  he  recovered, 

how ! I 2 

Penalty,  amount  of,  when  not 

fixed 1 

maximum  of,  when  not  fixed...  2 


Be  it  ordained  hy  the  Common  Council  of  the  City  of  St. 
Louis.,  as  follows  . 


Pine  or  penal-  SECTION  1.  Whcncver,  by  the  ordinances  of  the  city  of  St. 

by  orTi-  Louis,  01*  either  of  them,  the  doing  of  any  act,  or  the  omission  to 
..ance.  duty,  is  (loclarcd  to  be  a breach  of  any  or  either  of 

said  ordinances,  and  there  shall  be  no  fine  or  penalty  declared  for 


any  such  breach,  any  person  or  persons  convicted  of  any  such 
breach  shall  be  adjudged  to  pay  a fine  of  not  less  than  one  dollar 
and  not  exceeding  three  hundred  dollars. 

Maximum  of  Sec.  2.  Whenever,  in  any  ordinance  of  the  city,  heretofore  or 
Sxed'^by'ordD  hereafter  passed,  a fine,  forfeiture,  or  penalty,  is  or  may  bo 
prescribed  at  not  less  than  a given  sum,  but  the  maximum  of 
such  fine,  forfeiture,  or  penalty,  is  not  likewise  fixed,  such  maxi- 


FIRE  DEPARTMENT. 


mum  shall  be  as  follows,  to-wit ; if  the  minimum  of  such  fine, 
forfeiture,  or  penalty,  shall  be  less  than  one  hundred  dollars,  the 
maximum  shall  be  three  hundred  dollars  ; if  the  minimum  be  one 
hundred  dollars,  or  above  that  sum,  the  maximum  shall  be  five 
hundred  dollars  ; and  it  shall  be  lawful,  in  any  such  case,  to 
recover  the  maximum  aforesaid  in  like  manner  as  if  the  same 
were  specifically  set  forth  in  any  such  ordinance. 

Approved,  November  6,  1855. 


(No.  5418.) 

FIRE  DEPARTMENT. 

AN  ORDINANCE  ESTABLISHING  THE  FIRE  DEPARTMENT,  AND  FOR  THE 
INSPECTION  OF  BUILDINGS  AND  THE  PREVENTION  OF  FIRES. 


Absence  of  firemen  from  fires, 

howpiiiiisbed I,  ^ 14 

Account^  cliief  operator  of  fire- 
alarm  telegraph  to  render  to 

auditor 11,  0 

Alarm-bells^  located 11,  4 

Application  for  building^  permit. 

what  to  contain IV,  I 

Ashes,  chief  engineer  to  direct 

de])osit  ot...‘, IV,  2 

Assistant  engineers,  members  of 

fire  dei)artment 1,  1 

how  api)oint(*d I,  3 

to  perform  duties  of  secretary 
of  board  of  tire  engineers.....!,  3 

term  of  ofiice  of I,  3 

to  perform  duties  of  chief  in 

his  absence I,  7 

to  have  certain  ])Owers  at 

tires I,  19 

Assistant  operators  of  fire-alarm 
telegraph,  how  api)ointed 

and  conti-olled 11,  5 

Auditor,  monthly  statements  to 

be  ti-ansmitted  to I,  (> 

when  to  draw  warrants I,  G 

chief  operator  to  give  accounts 

to  II,  0 

when  to  draw  warrants II,  G 

Badges,  firemen  and  otlicers  to 

wear I,  13 

how  furnished I,  13 

none  but  fireiiKui  to  wear I,  13 

Baled  cotton,  not  to  be  stored 
within  certain  limits V,  12 


Baled  hay,  not  to  be  stored 

within  certain  limits V,  § 12 

Baled  hemp,  not  to  be  stored 

vvithin  certain  limits V,  12 

how  long  to  r e m a i ii  o n 

wharf V,  14 

Bells,  not  to  be  rung,  ex(;ept 

alarm-bells II,  4 

ringing  other  than  alarm- 

bells II,  4 

Bills  against  tire  dej)arlment; 
se{;r(4arv  and  chairman  of 

board  of  fire  engineers  to 

c(“rt'fy M,  3 

board  of  lire  engineers  to  cer- 
tify  I,  9 

Board  of  fire  engineers,  members 

of  til  t;  depai't  inent I,  1 

liow  comi)osed I,  3 

to  appoint  assistant  (Migineers,  I,  3 

duties  and  i»owei-s  of. 

II,  4,  9,  10,  G,  11 

when  to  meet I,  17 

quoium  of. I,  17 

to  have  custody  of  fire-alarm 

tel(‘grai)h II,  5 

rul(‘S  of,  concerning  alarms, 

etc II,  5 

chief  operator  to  report  to II,  G 

Boiling  inflannmable  ynaterials  in 

oi)en  place,  regulations... I II,  8 
Bond,  of  (thief  engineei’  of  fire 

d(‘])artment I,  2 

Building  without  permit IV,  1,  3 


FIRE  DEPARTMENT. 


m 


Building^  chief  engineer  to  su- 
pervise and  inspect IV,  ^ 2 

Buildings,  of  wood,  regulations 

concerning Ill,  1 

for  smoking  meat,  to  be  tire 

proof Ill,  1 

chief  engineer  to  give  permit 

to  erect IV,  1,  0 

erecting  without  permit. ..IV,  1,  0 

Burning  coal,  not  to  be  carried  in 

street  unless Ill,  12 

Bur'ning  out  flues,  regulations 

concerning Ill,  17 

Carryinq  hurninq  coal  or  brand  in 

strc4t Ill,  12 

Chief  engineer,  member  of  fire 

department I,  1 

bow  appointed I,  2 

term  of  office  of. I,  2 

bond  of. I,  2 

to  attend  meetings  of  board  of 

tire  engineers I,  3 

tire  department  to  be  under 

command  of I,  5 

duties  and  powers  of,  I,  1,  5,  6; 

IV,  3,  4,  1,  2,  3,  4,  5,  G,  7 
senior  assistant  to  perform  du- 
ties of I,  7 

to  approve  substitutes  for  ab- 
sentees   I,  IG 

to  call  meeting  of  board  ot  tire 

engineers I,  17 

may  hire  or  purchase  horses 

or  mules I,  18 

powers  of,  at  fires I,  19 

to  raze  buildings  erected  con- 
trary to  ordinance Ill,  4 

powers  of,  to  carry  out  cer- 
tain ordinance Ill,  19 

m a y c b a r t e r steambo ats , 

when Ill,  20 

to  grant  permits  for  building 

purposes IV.  1 

failing  to  comply  with  orders 
of IV,  3 


Chief  oj)erator  of  flre-alann  tele- 

graph,  bow  appointed II,  5 

term  of  office  of. II,  5 

to  act  as  seci-etary  of  board  of 

tire  engineers II,  G 

duties  of 11,  G 

Chimneys , regulations  concern- 
ing  Iir,  7;  IV,  2 

City  officers,  to  seize  gunpow- 
der, when V,  11 

Cisterns,  construction  of,  who  to 

recommend I,  4 

Collectors  (city),  to  collect  cer- 
tain costs IV.  8 

Combustible  maderials,  burning 

in  street,  etc ‘.....Ill,  9 

Common  council,  boMrd  of  tire  en- 
gineers to  report  to \,  4 

to  aiiprove  and  amend  rules. ..I,  4 


Common  council,  chief  operator  - 

to  i-ejiort  to II,  g 6 

chief  engineer  to  report  to. ..IV,  4 
Commons,  St.  Louis,  certain 
ordinance  to  extend  over...V,  1,5 
Comptroller , to  make  out  certain 

bills IV,  8 

Controversies  between  firemen, 

bow  decided I,  5 

Cotton,  baled,  regulations  con- 
cerning  V,  12 

Counselor  (city),  to  sue  on  cer- 
tain bills IV,  8 

Dangerous  buildmgs,  provisions 

concerning IV,  7 

jjarties  refusing  to  remove. ..IV,  7 

cost  of  removing,  bow 

paid IV,  8,  9 

Dangerous  walls,  chief  engineer 

to  demolish IV,  2 

Discharging  fli'earms  in  city , 

III,  13,  14,  15 

Disobeying  orders  of  chief  en- 
gineer   IV,  3 

chief  or  assistant  engineers  at 

fires I,  19 

Disputes  between  firemen,  bow 

decided ■ I,  5 

Districts  of  fire-alarm  telegraph 

system  II,  2 

Employ  ee'h  of  fire  department,  bow 

appointed I,  10 

provisions  concerning I,  10,  11 

Engineer,  chief  (see  chief  En- 
gineer). 

Engineers,  assistant  (see  assist- 
ant engineers). 

Engines,  bow  bought,  sold,  etc.. I,  4 
board  ot  fire  engineers  to  take 

possession  of I,  4 

False  alar?ns,  who  to  investi- 
gate  II,  G 

penalty  forgiving II,  8 

Fines,  companies  not  to  impose..!,  14 
Fire  alarms,  provisions  concern- 
ing   II 

alarms  to  be  given  by  lire- 

alarm  telegraph II.  1 

Fire-alarm  telegraph , central  sta- 
tion of n,  1 

injuring  or  interfering  witli..IL,  8 

Fire-alarm  telegraph  system,  di- 
vided into  districts II,  2 

signal-boxes  of II,  3 

alarm-bells  of II,  4 

Fire  apparatus , board  of  lire  (*n- 

giiKH'rs  to  take  [lossi^ssion  of. .1 , 4 

bow  sold 1,  4 

Fire-arms,  i-egiibitions  <*onc('rn- 

ing  discbai‘g(' of Ill,  13 

Fire-crachers,  rc'gulalioiis  con- 
cerning discbarg(‘  of.IIl,  14,  15 
Fire  department , bow  comiiosed..! , I 


FIRE  DEPARTMENT. 


847 


Fire  deparfmrnt,  to  1)(‘  uiuU'r 
eonmiiuul  of  ohlef  1,  ^ 5 

proixM't}'  of,  to  be  in  ('iiarg-e  of 

chief  engineer I,  5 

Fire  engineers^  nienibers  of  iire 

(lei)nrtment I,  1 

board  of  (see  board  of  lire  en- 
gineers). 

Fire  ii/nits,  provisions  concern - 

ino'...:. Ill 

established ..HI,  1 

Firemeiiy  members  of  tire  depart- 
ment  I,  1 

how  a})pointed I,  5,  10 

disputes  between,  liow  de- 
cided   T,  5 

how  diseharo-ed  or  suspended..!,  10 

qnalitications  of. I,  11 

Fire-places,  dangerous,  chief  en- 
gineer not  to  permit IV,  2 

Fires,  chief  engineer  to  attend  at.. I,  5 

prevention  of,  provi,sions  con- 
cerning   Ill 

Fire-works,  provisions  concern- 
ing  Ill,  14,  15 

Flues,  regulations  conce]aiing..III,  17 
Gunpowder , regulations  coneern- 

iiig V,  1-11 

Karl) or -master , may  ehart(M‘ 

steand)oat,  when III.  20 

to  en  force  c(n-tain  i)rovisions.  Ill,  22 
to  report  certain  violations..III,  22 
Hay , !•  e g u 1 a t i o n s conceiai  - 

ing Ill,  11;  V,  12 

Hearths,  dang(n*ons,  i)rovisions 

concei-ning IV,  2 

Hemp,  i)ro  visions  concern- 
ing  V,  12,  i:i,  14 

Hemp  manufactories , where  may 

b(^  e-tablished V,  15 

to  be  lii‘e-i)roof. V,  15 

Hook-and-ladder  (M)mj)anies  may 

b(*  (established I,  12 

governed  as  firemen I,  12 

Horses,  how  sold,  ex(;liaim’(‘d , 

etc... I,  4 

chief  (‘iigineer  may  ])nrcha.se..1 , 18 
Hose-carriages , board  of  lire  en- 
gineers to  take  i)os.session 

of I,  4 

Houses,  (,‘hief  engine(‘r  mav 

enter IV,  2 

Incendiaries,  how  aria'sted IV,  5 

Inclosures,  chief  engineer  may 

enter IV,  2 

Inflammable  substances,  r(*gnla- 

tions  for  boilino' Ill,  8 

Inspection  of  buildings,  i)rovi- 

sions  concerning IV,  4 

Key-holders,  duties  of  in  cas(‘s  of 

lire  ... II,  7 

Keys  of  signal-boxes,  provisions 
concerning II,  5,  (I,  7,  0 


Landwg  g\inpowder , regulations 

for...'. V,  ‘i  5,  0,  7 

Lights,  using  in  stabh'  or  inair 

combnstibh?  mab'rial HI,  10 

Lots,  (;hief  engineer  may  entei-..IV,  2 
Marshal  (city),  to  superintend 
landing  " and  shippiim  of 

gunpowder \ , 0,  7,  8 

to  sell  forfeited  gnnpow(ler..V,  9 
to  execute  search-warrants, 

when V,  10 

to  .seize  and  sell  gunpowder, 

when V,  11 

Mayor,  to  appoint  chief  engineer 

of  tire  department I,  2 

to  api)rove  bond  of  chief  en- 

o'ineer I,  2 

to  approve  expenses  for  tire- 

alarm  telegraph H,  11 

how  to  prohibit  erection  of 

wooden  buildings HI,  2 

may  charter  steanrboat  in  case 

of  tire HI,  20 

to  notify  chief  engineer  ot 

dangerous  building IV,  7 

ma}'  order  dangerous  building 

to  be  removed IV,  7 

to  issue  search-warrant  for 

gimi)Owder,  when V,  10 

Members  of  fl7'e  deparhnent,  pro- 
visions comanaiing 

I,  8,  11,  15,  15,  11),  20 
Mules,  chief  (mgineer  nni}^  hire 

or  jnirchase. I,  18 

Notice,  chief  engim'er  to  give  of 

dangerous  buddings'... IV,  5 

Oath  of  office  of  operators  of  lire- 

alarm  t(*l(‘graph H,  10 

Office  of  chief  engineer,  when  to 

be  open I,  5 

Officer  in  co^mnand,  to  decide  dis- 
putes  I,  5 

Officers,  how  appointed 1.  5,  10 

how  dischai'ged  or  suspended.  1 . 10 

(pialilications  of 1,  11 

to  wear  l)adges  oj‘  insignia 1,  15 

A'iolating  rules  or  ordinances, 

how  jninisiied 1 , 15 

Officers,  city  (sec?  city  ollicers). 
Operator,  chief  (se(“  chi(‘f  operator). 

as.'^istant  (se(*  a.'^sistanto[)erator). 
'Operators  ot  tire-alarm  telegraph, 
provisions  conc(Maiing..H , 5,  0,  10 
Orders  prohibiting  wooden  build- 
ings to  be  lih'd  and  })nb- 

li.4ied HI,  5 

Ordinances,  (‘hief  engineer  to 

(*nforc(‘ IV,  2 

Partition  walls,  how  to  be  con- 
st iiuthHl IV,  2 

Penalties  for  c(*i-tain  oOenses, 

I,  ^ 15,  19;  11,  4,  7,  8,  9; 

HI,  5,  7,  18,  19,  22;  IV, 

1,  5,  7;  V,  5,  4,  5,  9,  11,  12 


FIKE  DEPARTMENT. 


Fitch ^ boiling  in  open  place, 

regulations  concerning  111,  \ 8 
Police,  duties  of  in  case  of  tire.Jl,  7 

failing  to  give  alarm 11,  7 

street  inspectors  and  chief  en- 
gineer may  call  upon Ill,  19 

Prevention  of  fires,  provisions 

concerning Ill,  IV 

application  for,  to  whom  to 

he  submitted 1,  4 

to  he  made  by  hoard  of  tire 

engineers 1,  9 

Pyrotechnic  exhibitions,  regula- 
tions concerning Ill,  14,  15 

Record  of  building  'permits,  chief 

engineer  to  keep IV,  4 

Record  of  proceedings  of  hoard  of 
lire  engineers,  secretary  to 

keep 1,  3,  4 

Register  ( city ) , chief  engineer  to 

return  permits  to IV,  4 

Register  of  buildings,  chief  engi- 
neer to  report  to  council.. .IV,  4 
Report,  hoard  of  tire  engineers 

to  make  to  council 1,  4 

chief  engineer  to  make 1,  5 

Reservoirs,  regulations  concern- 
ing  I,  4 

Rockets,  regulations  concern- 
ing  Ill,  14,  15 

Rosin,  lioiling  in  open  place 

regulated". Ill,  8 

Rules  and  regulations,  hoard  of 

tire  engineers  to  make 1,  3,  4 

Secretary,  assistant  engineer  to 

act  as 1,  3,  4 

duties  of 1,  3,  4 

chief  operator  to  act  as 11,  G 

Setting  up  stoves,  regulations  con- 
cerning  Ill,  G,  IG 

Shapings,  burning  in  street Ill,  9 

Shipping  gunpowder , regulations 

concerning V,  8 

Signal-boxes  of  fire-alarm  tele- 
graph, located 11,  2 

of  tire-alarm  telegraph,  keys 

of,  how  kept 11,  5 

opening  or  injuring 11,  8 

Smoke- stacks , regulations  con- 
cerning  Ill,  7 

Squibs,  not  to  he  tired  in  cit}'..!!!,  15 
Stables,  regulations  foi'  using 

light  in Ill,  10 

Statement  of  fires,  chief  enginei'r 

to  puhiish JV,  5 


Statements,  monthly,  of  compa- 
nies, how  submitted 1,  \ G 

how  cei-titied,  signed,  and  ap- 
proved  1,  G 

to  he  transmitted  to  auditor....!,  G 
Statements,  quarterly,  of  chief 

operator 11,  6 

Stations  of  fire-alarm  telegraph... 11,  2 
Steamboats,  may  be  chartered, 

when Ill,  20 

chartered  by  city,  how  paid 

for Ill,  21 

chartered,  to  be  at  risk  of 

city Ill,  21 

regulations  concerning Ill,  22 

setting  adrift  when  burning  111 , 23 

landing  with  gunpowder,  reg- 
ulations concerning... V,  5,  G,  8 
shipping  gimpow'der,  regula- 
tions concerning V,  8 

Stove-piqoes , I’egulations  concern- 
ing   Ill,  7 

Stoves,  how  to  he  set  np... Ill,  G,  IG 

dangerous,  chief  engineer  not 
to  permit IV,  2 

Straw  , regulations  concern- 
ing  Ill,  11 

Street  inspectors,  powers  of,  to 

carry  out  ordinance Ill,  19 

Tar,  boiling  in  open  place  regu- 
lated  Ill,  8 

Tardiness  at  fires,  how  tiremen 

punished  for 1,  14 

Turpentine,  boiling  in  open  place 

regulated Ill,  8 

Varnish,  boiling  in  open  place 

regulated Ill,  8 

Vessels  with  gunpowder,  land- 
ing of  regulated V,  5,  G,  8 

Walls,  how  to  be  constructed.. .IV,  2 
chief  engineer  to  demolish 

certain. IV,  2 

Water  craft,  with  guni)Owder, 

landing  of  regulated..V,  5,  G,  8 
Wells,  regulations  concerning 

construction  of. I,  4 

Wharf,  haled  hemp  not  to  re- 
main on V,  14 

Wharf -boats,  regulations  con- 
cerning  Ill,  22 

Wires  of  fire-alarm  telegraph,  in- 

juriilg II,  8 

Wooden  bail  dings,  provisions  con- 
cerning....  Ill,  1,  2,  3,  4,  5 

Yards,  chief  engiiuH'r  may 
enter IV,  2 


FmE  DEPARTiMENT. 

Be  it  ordained  by  the  Coinimni  Council  of  the  City  of  St. 
Louis : 


^49 


ARTICLE  I 


Fire  Department. 

Section  1.  The  fire  department  shall  consist  o£  a chief  eii-  Fire  depart- 
gineer,  t^YO  assistant  engineers,  ana  a board  or  nre  engineers,  one  posed, 
engineer  and  seven  men  for  each  regular  organized  company ; 
and  as  many  hook-and-ladder  men,  not  exceeding  seven  to  each 
company,  as  the  number  and  quantity  of  the  fire  apparatus 
belonging  to  the  city  shall,  from  time  to  time,  require. 

Sec.  2.  At  the  first  stated  session  of  the  board  of  common  en^ineor 
council,  in  the  year  eighteen  hundred  and  sixty-one,  and  at  the  to  t»e  apponred. 
first  stated  session  every  two  years  thereafter,  there  shall  be 
appointed  by  the  mayor,  by  and  with  the  advice  and  consent  of 
the  board  of  common  council,  a chief  engineer,  who  shall  hold  his  Term  ot  office, 
office  for  the  term  of  two  years,  and  until  his  successor  shall  be 
duly  appointed  and  qualified;  and  shall  give  bond  in  the  sum  of  to  give  bond, 
five  thousand  dollars,  to  be  approved  by  the  mayor,  for  the  faith- 
ful discharge  of  his  duty ; and  the  present  chief  engineer  shall  Term  of  office 
hold  his  office  until  the  expiration  of  the  term  for  which  he  was  neer!''*’^"^ 
appointed,  and  until  his  successor  shall  be  duly  appointed  and 
qualified. 

Sec.  3.  The  board  of  fire  engineers  shall  consist  of  five  mem-  Board  of  Are  en- 
bers  of  the  board  of  common  council : one  to  be  elected  from  the  cmnposl^d'and 
first  and  second  wards,  one  from  the  third  and  fourth  wards,  one 
from  the  fifth  and  sixth  wards,  one  from  the  seventh  and  eif!:hth 
wards,  and  one  from  the  ninth  and  tenth  wards  ; they  <>shall  Assistant  cngi- 

iieer  to  bo  a|i- 

appoint,  at  their  first  regular  meeting,  or  as  soon  thereafter  as 
practicable,  two  assistant  engineers,  one  of  whom  shall  perform 
the  duties  of  secretary,  whose  term  of  office  shall  be  one  year,  or 
until  the  next  yearly  organization  of  said  board.  Said  board  of  of  board 

^ ^ ^ to  be  made. 

fire  engineers  shall  make  such  rules  for  the  regulation  and 
government  of  the  fire  de])artment  as  they  see  fit.  The  chief  chief  engineer 

. 1 ^ • I.  attend  meet- 

engmeer  shall  attend  all  meetings  of  the  boai'd,  and  at  such 
meetings  shall  be  privileged  to  make  such  suggestions  for  the 
action  of  the  board  as  he  may  deem  proper.  The  secretary  shall  Duties  of  s«cre- 
attend  all  meetings  of  said  board  of  fire  engineers,  and  shall  keep 


FIRE  DEPARTMENT. 


a record  of  its  i)roceediiigs ; lie  shall  keep  all  books  connected 
witli  the  department,  and  shall,  together  with  the  chairman  of  the 
hoard  of  fire  engineers,  examine  and  certify  all  bills  which  may 
be  allowed  by  the  board  against  the  department,  before  the  same 
shall  be  audited  by  the  city  auditor. 

Duties  of  board  g^c.  4.  It  sluill  1)0  tlic  (luty  of  Said  boaril  to  take  immediate 
possession  of  all  engines,  engine-houses,  hose-carriages,  and  fire 
apparatus  of  every  description  belonging  to  the  city;  they  shall 
have  power  to  sell,  or  otherAvise  dispose  of,  any  fire  apparatus 
belonging  to  the  city,  which  may  be  unserviceable  or  not  in  use  ; 
and  the  proceeds  of  such  sales  shall  be  paid  into  the  city  treasury. 
All  applicants  for  the  purchase,  sale,  or  exchange  of  engines,  or 
lots  for  engine-houses,  for  the  erection  or  removal  of  engine- 
houses,  and  for  the  construction  of  Avells,  reservoirs,  and  cisterns 
of  the  fire  department,  shall  be  made  to  said  board,  by  whom  the 
same  shall  be  considered  and  reported  to  the  board  of  common 
council,  Avith  the  opinion  of  the  board  on  the  merits  of  the  appli- 
cation, and  their  reasons  for  said  opinions  in  Avriting.  The  board 
shall  take  into  consideration,  and  report  to  the  board  of  common 
council,  all  matters  relating  to  the  fire  department,  or  to  the 
property  of  the  city  connected  thercAvith,  and  shall,  tAVO  Aveeks 
before  the  first  stated  session  of  each  year,  make  to  the  board  of 
common  council  a full  and  complete  report  of  the  condition  of  the 
department,  giAung,  in  such  report,  a list  of  fires  in  the  city  for 
the  year  next  preceding,  the  number  of  false  alarms,  the  amount 
of  property  destroyed,  and  such  other  statistics  in  relation  to 
' losses,  insurance,  and  the  causes  of  fires,  as  they  may  be  able  to 

procure;  and  such  other  information  and  suggestions,  in  relation 
to  the  operations  of  the  fire  department,  as  they  may  deem 
advisable.  Said  board  are  authorized  to  make  such  rules  and 
regulations  as  may  be  deemed  necessary  for  the  efficient  operation 
of  the  department : Provided^  Such  rules  and  regulations  shall 
not  conflict  Avith  the  ordinances  of  the  city,  or  the  hxAvs  of  the 
State,  and  shall  first  have  received  the  approval  of  the  board  of 
common  council. 

ohH'i  I'ligineer  Sec.  5.  Tlic  Avliolc  firc  department  of  the  city  slfall  be  under 

to  bo  m coin-  • tt  i ii 

nian.i  o)  liro.io-  the  comuiand  of  the  chief  engineer,  lie  shall  exercise  a constant 

partineiit.  i i n i i i i*  i 

„owois  and  supcrvisioii  over  it,  and  sliall  liave  the  general  charge  of  tlie 
property  of  the  city  connected  thereAvith,  and  shall  see  that  the 


FIRE  DEPARTMENT. 


^51 


same  is  ahvnys  kept  in  good  repair,  and  is  ready  for  immediate 
use.  He  shall,  subject  to  the  approval  of  the  hoard  of  engineers, 
appoint  and  employ  all  officers  and  firemen,  who  shall  severally 
be  paid,  during  the  period  for  which  they  may  he  appointed  or 
employed,  the  compensation  hereinafter  named.  All  disputes 
and  controversies  arising  in  relation  to  any  matter  connected 
with  the  department,  among  any  of  its  companies,  officers  or 
members,  when  on  duty,  shall  be  summarily  decided  by  the 
chief  engineer,  or,  in  his  absence  from  the  place  of  difficulty,  by 
the  officer  in  command.  He  shall  attend  all  fires  which  may 
o’ceur  in  the  citjy  and  all  orders  given  by  him  to  any  company  of 
firemen  shall  be  promptly  obeyed.  It  shall  be  his  special  duty 
to  see  that  the  provisions  of  this  ordinance,  and  the  rules  and 
regulations  of  the  board  of  engineers,  are  regularly  and  strictly 
enforced.  He  shall  make  a monthly  report  to  the  board  of 
engineers  of  all  the  expenditures  of  the  department,  and  shall 
establish  his  office  in  some  fire-engine  liouse  in  the  central  part 
of  the  city,  which  shall  be  kept  open  at  all  houi's  of  the  day  and 
night. 

Sec.  6.  The  chief  engineer  shall  also,  on  the  receipt  of  the  Expenses,  how 

e 1 1 • 1 1 exaiuiiuv'l  and 

monthly  statements  of  each  company,  submit  the  sum  to  the  certified, 
board  of  fire  engineers  at  their  first  meeting  in  each  month, 
which  statement,  when  certified  to  by  the  chief'  engineer,  signed 
by  the  chairman,  and  approved  by  the  board,  shall  be  transmitted 
by  the  secretary  to  the  city  auditor,  who  shall  thereupon  draw  now  paid, 
his  warrant  on  the  treasurer  for  the  aggregate  amount  due  on 
said  several  monthly  statements,  and  pay  the  same  to  the  officers 
and  employees  therein  named,  as  in  case  of  other  pay-rolls. 

Sec.  7.  The  duties  reipiired  bv  this  ordinance  of  the  chief  uutios  of  chiof 

, . engineer,  wlio  to 

engineer  shall,  in  his  absence  or  inability  to  act,  be  performed  pcifonn  in  hi.s 
by  the  senior  assistant  engineer  jiresent. 

Sec.  8.  No  person  under  twenty-one  years  of  age  shall  ])c  Q'>'iij'icati.msot 
employed  as  a member  of  the  fire  department.  partment. 

Sec.  9.  All  purchases  made  for  the  use  of  the  fire  department  luns  again?-!  d.*- 
shall  be  made  by  or  with  the  consent  of  the  board  of*  fire  PiUd. 
engineers,  who  shall  certify  to  all  bills  of  whatsoever  nature 
against  said  department,  before  the  same  shall  be  paid  by  the 
city. 

Sec.  10.  No  officer,  fireman,  or  employee,  shall  be  connected 


352 


FIRE  DEPARTMENT. 


Mptnl)(MS,  how 
appointed,  dis- 
cliarjted,  or  sus- 
pended. 


F'urther  qualifi- 
cations of  inein- 
bers. 


Hook  and  ladder 
companies,  how' 
formed  and  regu 
lated. 


Members  to 
wear  badges. 


No  fines  for  ab- 
sence, except  as 
fixed  by  board, 
when  members 
shall  be  dis- 
charged from 
department. 


Penalty  for  vio- 
lating ordinan- 
ces or  rules  of 
board. 


T*uty  of  firemen 
in  case  of  ab- 
sence from  city. 


Meetings  ofi 
board. 


in  any  manner  with  tlie  department,  or  receive  any  pay  for 
services,  until  he  shall  have  first  been  appointed  by  the  chief 
engineer,  and  approved  by  the  board.  Nor  shall  any  person  be 
discharged  from  the  department,  except  by  the  board,  for  good 
cause  shown.  The  chief  engineer  may,  for  any  cause,  suspend 
any  officer  or  employee,  and  report  the  cause  of  any  suspension  to 
the  board  at  the  next  meeting  thereof. 

Sec.  11.  No  person  shall  act  in  the  capacity  of  an  officer  or 
employee  in  said  department  who  shall  not  have  resided  in  the  city 
for  the  period  of  one  year,  next  preceding  his  appointment, 
except  in  cases  when  the  board  shall  order  otherwise. 

Sec.  12.  As  many  hook-and-ladder  companies  shall,  from  time 
to  time,  be  formed  as  the  council  may  deem  expedient,  the 
members  of  which  shall  be  subject  to  the  same  rules,  regulations, 
and  compensation,  as  other  firemen. 

Sec.  13.  The  officers  and  members  of  the  department  shall 
wear  such  badges  or  other  insignia  as  the  board  of  engineers 
may  direct,  to  be  furnished  at  the  expense  of  the  city ; and  no 
other  person  shall  be  permitted  to  rvear  the  same. 

Sec.  11.  No  company  shall  be  allorved  to  impose  fines  on  its 
members  ; but  for  every  absence  or  tardiness,  except  in  case  of 
sickness,  there  shall  be  a deduction  from  the  pay  of  the  officer, 
or  member,  of  such  sum  as  the  board  may  determine ; and  if  any 
officer  or  member  shall  have  been  absent  or  tardy  at  more  than 
one- third  of  the  fires,  or  alarms  of  fire,  except  in  case  of  sickness, 
during  the  month,  he  shall  be  discharged  from  the  department. 

Sec.  15.  Any  officer  or  member  of  the  fire  department  who 
shall  willfully  offend  against  any  ordinance  of  the  city,  or  rules 
and  regulations  of  the  board  of  engineers,  shall  be  dismissed 
from  the  department,  and  be  liable  to  a penalty  of  not  less  than 
five  nor  more  than  fifty  dollars. 

Sec.  16.  In  the  event  of  temporary  absence  from  the  city  of 
any  member,  for  forty-eight  hours  or  more,  he  shall  provide  a 
substitute,  to  be  approved  by  the  chief  or  akistant  engineer  ; 
failing  in  which  he  shall  forfeit  one  month’s  compensation,  to  be 
recovered  in  the  Stune  manner  as  other  penalties. 

Sec.  17.  The  board  of  engineers  shall  meet  on  the  first 
Wednesday  of  each  month,  and  whenever  tliey  shall  be  called 


FIRE  DEPARTMENT. 


together  by  the  chief*  engineer ; a majority  shall  form  a (j[noriim  Quorum, 
for  the  transaction  of  business. 

Sec.  18.  The  chief  engineer,  with  the  approval  of  the  board,  fnay  buTor'Ti^e 
shall  have  full  power  to  purchase  or  hire  as  many  horses  or  mules, 
and  make  such  arrangements  for  their  keeping,  as  may,  in  his 
judgment,  be  necessary  for  dragging  the  engine  and  other  appa- 
ratus to  and  from  fires. 

Sec.  19.  The  chief  and  assistant  engineers  shall  have  the  Police  powers  of 
same  police  powers  at  all  fires  as  the  chief  of  police,  and  may 
command  such  assistance  from  the  inhabitants  of  the  city,  for  the 
suppression  or  extinguishing  of  fires,  as  may  be  required  ; they 
shall  have  power  to  order  any  company,  fireman,  or  other  person, 
away  from  the  neighborhood  of  a fire,  under  a penalty,  in  case  of 
disobedience,  of  a fine  not  exceeding  twenty  dollars  nor  less  than 
five  dollars. 

Sec.  20.  No  member  shall  be  received  into  any  company  Time  of  appoint - 
connected  with  the  fire  department  for  a less  time  than  one  month,  diwaf"of 
and  no  person  shall  be  entitled  to  pay  for  a less  time,  unless  payment, 
specially  employed  by  the  chief  engineer.  Any  member  wishing 
to  withdraw  from  any  company  shall  be  retpiired  to  give  ten  days’ 
notice  of  such  intention  ; and  such  enrollment  of  membership  shall 
date  from  the  first  of  every  month. 

ARTICLE  II. 


Fire  Alarms. 


Section  1.  All  alarms  of  fire  shall  be  given  by  means  of  the  Fire  alarms, 
fire-alarm  telegraph  system,  in  accordance  with  the  rules  and 
directions  herein  contained  ; and  the  central  station  of  said  system  central  station 
shall  be  on  the  third  floor  of  the  north  wing  of  the  court  house, 
until  otherwise  directed  by  the  council. 

Sec  2.  The  city  shall  be  divided  into  five  districts,  as  follows:  Division  of  city 
The  first  district  to  be  composed  of  all  that  portion  of  the  city 
south  of  the  line  of  Park  avenue  ; the  second  district,  all  that 
portion  of  the  city  lying  between  the  line  of  Park  avenue  on  the 
south,  and  the  line  of  Myrtle  street  and  Clark  avenue  on  the 
north;  the  third  district,  all  that  portion  of  the  city  lying  between 
the  line  of  Myrtle  street  and  Clark  avenue  on  the  south,  and  the 
line  of  Christy  avenue  and  Green  street  on  the  north ; the  fourth 


23 


354 


FniE  DEPARTMENT. 


Location  of  sig- 
nal boxes. 


district,  all  that  portion  of  the  city  lying  between  the  line  of 
Green  street  and  Christy  avenue  on  the  south,  and  the  line  of  Cass 
avenue  and  Columbia  street  on  the  north  ; the  fifth  district,  all 
that  portion  of  the  city  lying  north  of  the  line  of  Cass  avenue  and 
Columbia  street. 

Sec.  8.  The  signal-boxes  shall  be  located  as  follows  : In  dis- 
trict one,  station  one,  on  the  northwest  corner  of  Lami  and 
Columbus  streets.  Station  two,  on  the  northeast  corner  of  Victor 
street  and  Carondelet  avenue.  Station  three,  on  the  northeast 
corner  of  Lafayette  street  and  Carondelet  avenue.  Station  four, 
on  the  south  St.  Louis  fire-engine  house.  Station  five,  on  the 
southwest  corner  of  Decatur  and  Soulard  streets.  Station  six,  on 
the  southwest  corner  of  Menard  street  and  Park  avenue.  Station 
seven,  on  the  northwest  corner  of  Linn  and  Soulard  streets. 
Station  eight,  at  the  house  of  John  William  Krone,  on  the  Gravois 
road,  in  Devalsey  addition.  In  district  two,  station  one,  on  the 
northwest  corner  of  Almond  and  Main  streets.  Station  two,  on 
the  southwest  corner  of  Lombard  and  Third  streets.  Station 
three,  on  the  Phoenix  fire-engine  house.  Station  four,  on  the 
northwest  corner  of  Seventh  and  Gratiot  streets.  Station  five, 
on  the  southwest  corner  of  Barlow  and  Orchard  streets.  Station 
six,  on  the  northwest  corner  of  Fourteenth  street  and  Chouteau 
avenue.  Station  seven,  on  the  southwest  corner  of  Fourteenth 
and  Spruce  streets.  In  district  three,  station  one,  on  the  north- 
west corner  of  Walnut  and  Main  streets.  Station  two,  on  the 
southwest  corner  of  Olive  and  Main  streets.  Station  three,  on 
the  southwest  corner  of  Main  street  and  Washington  avenue. 
Station  four,  on  the  Washington  fire-engine  house.  Station  five, 
on  the  St.  Louis  fire-engine  house.  Station  six,  on  the  southeast 
corner  of  Seventh  and  Elm  streets.  Station  seven,  on  the  Missouri 
fire-engine  house.  Station  eight,  on  the  old  Union  number  two 
steam-fire-engine  house.  Station  nine,  on  the  north  side  of 
Clark  avenue,  between  Tenth  and  Eleventh  streets.  Station  ten, 
on  the  southeast  corner  of  Twelfth  and  Olive  streets.  Station 
eleven,  on  the  Laclede  fire-engine  house.  Station  twelve,  on 
Wells’s  omnibus  stable,  south  side  of  Market  street,  between 
Eighteenth  and  Nineteenth  streets.  Station  thirteen,  on  the 
Wedge  House,  at  the  junction  of  Market  street  and  Laclede  avenue. 
In  district  four,  station  one,  on  the  northwest  corner  of'  Main  and 


FIRE  DEPARTMENT. 


355 


Carr  streets.  Station  two,  on  the  Liberty  fire-engine  house. 

Station  three,  on  the  south  end  of  the  City  market  house.  Station 
four,  on  the  southeast  corner  of  Broadway  and  Columbia  street. 

Station  five,  on  the  southwest  corner  of  Wash  and  Eighth  streets. 

Station  six,  on  the  northwest  corner  of  O’Fallon  and  Ninth  streets. 

Station  seven,  on  the  northwest  corner  of  Christy  avenue  and 
Eleventh  street.  Station  eight,  on  the  Franklin  fire-engine  house. 

Station  nine,  on  the  southwest  corner  of  O’Fallon  and  Fourteenth 
streets.  Station  ten,  on  the  southwest  corner  of  Fifteenth  street 
and  Franklin  avenue.  Station  eleven,  on  the  north  side  of 
Morgan  street,  in  front  of  the  blind  asylum.  Station  twelve,  on 
the  Jefferson  engine  house.  In  district  five,  station  one,  on  the 
Mound  fire-engine'  house.  Station  two,  on  the  east  end  of  the 
Sturgeon  market  house.  Station  three,  on  Ashbrook’s  pork 
house,  west  side  of  Broadway,  betAveen  Harrison  and  Dock  streets. 

Station  four,  on  the  southwest  corner  of  Broadway  and  Salisbury 
street.  Station  five,  on  the  soutliAvest  corner  of  Madison  and 
Fourteenth  streets. 

Sec.  4.  The  alarm-bell  of  the  first  district  shall  be  the  bell  of  Alarm beiis  des- 
the  south  St.  Louis  fire-engine  house  ; the  alarm-bell  of  the  second 
and  third  districts  shall  be  the  largest  liell  of  the  cathedral,  north 
side  of  Walnut  street,  between  Second  and  Third  streets  ; the 
alarm-bell  of  the  fourth  district  shall  be  the  largest  bell  of  the 
St.  Francis  Xavier  church,  on  the  soutlnvest  corner  of  Ninth  and 
Green  streets  ; the  alarm-bell  of  the  fifth  district  sliall  l)c  the  bell 
of  the  Mound  fire-engine  house  : Provided^  that  no  ])ell,  other 
than  those  specified  in  this  ordinance,  shall  be  rung  as  indicating 
an  alarm  of  fire,  except  and  until  after  one  of  tlie  bells  herein 
named  shall  indicate  such  alarm  ; and  any  person  or  persons 
who  shall  ring  any  bell  in  violation  of  this  provision,  except 
steamboat-bells  at  the  levee,  shall  be  deemed  guilty 'of  a niisde-  Penalty  for  rinK- 

. ^ , iiiK  alarm  on 

meaner,  and  shall,  upon  conviction,  be  punished  by  a fine  of  not  beiis. 
less  than  ten  dollars  nor  more  than  one  hundred  dollars,  to  be  sued 
for  and  collected  like  other  penalties. 

Sec.  5.  The  board  of  fire  engineers  shall  have  the  entire  care  Board  to  havo 

° ^ care  of  all  appa- 

and  management  of  the  rooms,  apparatus,  and  machinery  of  the  etc 
said  system,  and  designate  the  persons  to  whom  shall  be  entrusted  fj’ keep  key^o? 
the  keys  of  the  signal-boxes.  They  shall'  apjioint  five  operators,  App^inT^Tpera- 
one  oP  whom  shall  be  chief  operator,  who  shall  hold  his  office  for 


356 


FIRE  DEPARTMENT. 


two  years,  and  two  assistant  operators,  to  be  under  tlieir  control 
and  direction ; and,  in  like  manner,  from  time  to  time,  fill  any 
vacancy  that  may  occur  in  that  number  by  resignation,  dismissal. 
Adopt  rules  for  or  Otherwise.  They  shall  adopt  rules  and  directions  for  sivina: 

alarms,  • i i f ^ ® ° 

signals  and  sounding  the  alarms  not  herein  provided  for,  and 
have  power  to  alter  and  change  the  same  from  time  to  time  ; all 
of  which  rules,  directions,  alterations,  and  changes,  shall  be 
binding  upon  all  persons  after  a copy  of  the  same  shall  have  been 
placed  on  file  in  the  office  of  the  chief  engineer  of  the  fire  depart- 
ment and  the  city  register,  and  published  in  the  same  manner  as 
the  ordinances  of  the  city  are  published : Provided^  that  the 
council  shall  at  all  times  have  the  power  to  amend,  alter,  or  annul 
Keep  record  of  the  same.  The  said  committee  shall  cause  to  be  kept  at  the 
transactions,  statioii  a rccord  of  all  their  transactions. 

Duties  and  pow-  Sec.  6.  The  chief  operator  shall  act  as  secretary  of  said  board, 
erator,^  without  additional  compensation,  and,  under  their  direction,  have 
the  charge  of  said  system,  and  be  responsible  for  the  constant  good 
repair  and  working  condition  of  the  same.  He  shall  deliver  the 
keys  of  the  signal-boxes  to  the  persons  designated  by  the  said 
committee,  take  receipts  therefor,  and  preserve  the  same  on  file 
in  his  office.  He  shall  investigate  the  cause  of  all  false  alarms, 
and  have  power  to  recall  the  keys  of  the  signal-boxes,  and  cancel 
the  receipts  for  the  same,  when,  in  his  judgment,  said  keys  are  in 
improper  hands  : Provided^  he  shall  immediately  report  the  facts 
of  the  case  to  the  said  committee,  whose  decision  shall  be  final. 
He  shall  control  and  direct  the  duties  of  the  operators,  and  have 
power  to  discharge  them  for  neglect  or  violation  of  rules  and 
regulations : Provided,  any  operator  so  discharged  shall  have 
the  right  of  appeal  to  said  committee,  Avhose  decision  shall  be 
final.  He  shall,  on  the  first  Monday  of  each  month,  cause  to  be 
made  to  the  auditor  a full  account  of  the  amount  due  for  salaries 
and  repairs,  signed  by  himself  and  a majority  of  said  committee, 
for  which  amount  the  auditor  shall  draw  his  warrant  on  the 
treasurer  in  favor  of  said  superintendent,  for  the  use  of  fire- 
alarms.  He  shall  take  a receipt  from  all  persons  to  whom  any 
money  shall  be  paid  on  account  of  the  said  system,  and  keep  a 
record  of  the  same  in  liis  office.  He  sluill  keep  a record  of  the 
exact  time  and  location  of  each  alarm,  and  a register  of  the 
number  of  blows  struck  upon  each  bell.  He  shall,  on  the  first 


FIRE  DEPARTMENT. 


857 


Monday  in  January,  April,  July  and  October  oP  each  year,  make 
a certified  statement  to  the  council  oP  the  entire  expenses,  opera- 
tion and  condition  of  the  said  system ; a copy  oP  all  the  records, 
reports,  and  files,  herein  referred  to,  shall  at  all  times  be  open  in 
his  office  to  the  inspection  of  any  member  of  the  council. 

Sec.  7.  It  shall  be  the  duty  of  the  members  of  the  police  Duties  of  police 

. Ti  IT  key-holders 

department,  and  key-holders,  immediately  upon  the  discovery  or  in  case  of  tire, 
authentic  information  of  a fire,  to  communicate  the  fact  to  the 
central  station  by  means  of  the  signal-box  nearest  to  the  fire  in 
the  district  in  which  the  fire  may  exist,  in  accordance  with  the 
rules  and  directions  referred  to  in  this  ordinance ; and  it  shall  be 
the  duty  of  the  night  police,  upon  an  alarm  being  given  or  sounded 
upon  any  of  the  bells  connected  Avith  said  system,  to  give  further 
notice  thereof,  in  their  respective  beats,  by  crying  ‘‘  fire  !”  and  the 
number  of  the  district  in  Avhich  the  fire  exists  ; and  if  any  police- 
man shall  violate  any  of  the  provisions  of  this  section,  he  shall, 
upon  conviction,  forfeit  and  pay  a fine  of  five  dollars. 

Sec.  8.  No  person  shall  open  any  of  the  signal-boxes  con-  ofienses  con- 
nected with  the  fire-alarm  telegraph  system  for  the  purpose  of  boxes  and  alarm 

1 ....  , 11-  telegraph. 

knoAvingly  giving  a raise  aiarm,  or  turn  the  cranks  therein,  except 
in  case  of  fire ; or  tamper,  meddle,  or  interfere  in  any  Avay  Avith 
said  boxes,  or  any  part  thereof,  by  cutting,  breaking,  injuring,  or 
defacing  tlie  same;  or  cut,  break,  or  injure  in  any  Avay,  the  Avires, 
or  their  supports,  connected  Avith  any  part  of  said  system  ; nor 
connect  the  same  by  any  communication  so  as  to  interrupt  the 
proper  Avorking  of  the  said  system,  or  Avith  intent  so  to  do;  or 
injure,  lireak,  or  destroy  any  machinery  or  fixtures  connected 
Avith  tlie  said  svstem,  or  any  part  of  the  same;  and  any  person  Ponuty  for  vio- 

1 1 11  1 "•!  f.  1 11.  0 1 • • o 1-  lating  this  sec- 

AvJio  shall  be  guilty  or  a breach  or  any  or  the  provisions  or  this 
section  sliall  forfeit  and  pay  a fine  of  not  less  than  tAventy-five 
dollars  nor  more  than  tAvo  hundred  and  fifty  dollars,  to  be  sued 
for  and  collected  like  other  penalties. 

Sec.  9.  If  any  person  entrusted  Avitli  the  keys  of  the  signal-  Penalty  for  mak- 
boxes  shall  knoAvingly  make,  or  cause  to  be  made,  an  impression  jj«‘yyto  signal- 
er copy  of  said  key  or  keys,  except  by  Avritten  order  of  the  com- 
mittee, such  person  or  persons  shall  be  deemed  guilty  of  a 
misdemeanor,  and  be  subject  to  a penalty  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars,  to  be  sued  for  and 
collected  like  other  penalties. 


368 


FIRE  DEPMITMENT. 


Oath  of  opera- 
tors. 


Powers  of  board 
in  extending  sig- 
nal and  alarm 
circuits. 


Mayor  to  ap- 
prove expendi- 
tures incurred. 


P’ire  limits  de- 
scribed. 


Sec.  10.  The  operators,  before  entering  upon  their  duties, 
shall  be  qualified  by  oath  or  affirmation  that  they  will  faithfully 
observe  the  laws  of  the  State  of  Missoui-i  and  the  ordinances  of 
the  city  of  St.  Louis,  and  will  perform,  to  the  best  of  their 
ability,  the  duties  of  their  respective  offices. 

Sec.  11.  The  board  shall  have  the  power  to  make  such  altera- 
tions and  extensions  in  the  signal  and  alarm  circuits  as  the 
necessities  of  the  telegraphic  system  may  from  time  to  time 
require,  and  to  provide  for  its  completion  and  efficient  operation 
at  all  times  : Provided^  however , that  such  alterations  and 
extensions  shall  be  consistent  with  and  adapted  to  the  require- 
ments of  the  fire  department ; and  j^rovided  further^  that  no 
expenditure  shall  be  incurred,  by  virtue  hereof,  without  the 
written  approval  of  the  mayor,  which  shall  be  entered  on  record 
in  the  official  proceedings  of  said  committee. 

ARTICLE  III. 

Fire  Limits  and  the  Prevention  of  Fires. 

Section  1.  The  following  are  established  as  the  fire  limits  of 
this  city,  and  within  said  limits  it  shall  be  unlawful  to  erect  any 
buildings  the  outer  walls  of  which  are,  in  whole  or  in  part, 
constructed  of  wood,  viz : Beginning  at  the  intersection  of  Balm 
street  with  the  Mississippi  river;  thence  along  Balm  street  to 
Tenth  street;  thence  westwardly,  along  Davis,  to  Twelfth  street; 
thence  soutlnvardly,  along  Twelfth,  to  North  Market  street ; thence 
westwardly,  along  North  Market,  to  Fifteenth  street ; thence  along 
Fifteenth  to  Mullanphy  street ; thence  west,  with  Mullanphy,  to 
Seventeenth  street;  thence  south, with  Seventeenth  street,  to  Cass 
avenue  ; thence  west,  with  Cass  avenue,  to  Garrison  avenue;  thence 
south,  with  Garrison  avenue,  to  Olive  street;  thence  on  Olive 
street,  to  Bratte  avenue  ; thence  southwardly,  along  Ib*atte  avenue, 
to  Clark  avenue  ; thence  east,  on  Clark  avenue,  to  Tayon  avenue  ; 
thence  southwardly,  along  Tayon  avenue,  to  Cooper  street ; thence 
westwardly,  along  Cooper  street,  to  a point  whicli  would  intersect 
Missouri  avenue  if  said  Missouri  avenue  Avere  protracted  nortli ; 
thence  soutlnvardly,  along  said  Missouri  avenue  line,  to  Ibirk 
avenne ; thence  Avestwardly,  along  Bark  avenue,  to  Jelferson 
avenue  ; thence  south,  in  the  center  of  Jelferson  avenue,  to 


FIRE  DEl^ARTMENT. 

Lafayette  avenue ; thence  eastwardl}^,  along  Lafayette  avenue,  to 
Second  Carondelet  avenue ; tlience  southwardly,  along  Second 
Carondelet  avenue,  to  its  intersection  with  the  south  line  of  the 
new  limits  of  the  first  ward;  thence  eastwardly,  along  said  south- 
ern new  limits  line,  to  the  river.  No  buildings,  unless  strictly 
fire-proof,  shall  be  used  for  the  purpose  of  smoking  meat  within 
the  above-prescribed  fire  limits. 

Sec.  2.  The  erection  of  such  l)uildmgs  upon  any  block  not 
included  within  the  aforesaid  limits  may  be  prohibited  upon 
application  to  the  mayor  to  that  effect,  in  writing,  signed  by  the 
owners  of  the  greater  part  of  the  ground  situate  in  the  block. 
Such  application  shall  be  accompanied  l)y  a plat  of  the  block, 
designating  the  property  of  each  owner  by  his  name,  if  ascertain- 
able, being  written  on  the  portion  of  the  plat  representing  his  prop- 
erty ; and  upon  the  mayor  being  satisfied  that  the  applicants  are 
the  owners  of  the  greater  part  of  the  property  in  such  block,  and 
that  such  plat  is  correct,  he  shall  grant  an  order,  in  writing,  pro- 
hibiting the  erection  thereafter  of  any  such  buildings  on  such  block. 

Sec.  3.  The  application,  plat,  and  order  aforesaid  shall  be 
delivered  to  the  chief  engineer  of  fire  department,  who  shall 
immediately  file  the  same  in  his  office,  and  record  the  application 
and  order  in  a book  to  be  kept  by  him  for  that  ])urpose,  and  give 
public  notice  of  the  order  in  the  news])apers  employed  by  the 
city;  and  thenceforth  no  such  building  shall  be  erected  on  such 
block.  The  expense  of  the  publication  of  such  notice  shall  be 
paid  to  the  city  by  the  applicants  at  the  time  of  delivering  the 
papers  to  him  to  be  I’ecorded,  and  the  publication  of  the  notice 
shall  not  be  made  until  such  expense  shall  have  been  paid. 

Sec.  4.  The  mayor,  upon  being  infoianed  that  any  person  is 
erecting  a building  in  violation  of  this  ordinance,  shall  recpiire 
the  chief  engineer  of  fire  department  forthwith  to  raze  the  same, 
who  shall  immediately  execute  the  order,  and  collect  the  expense 
from  the  person  owning  or  erecting  the  same. 

Sec.  5.  Whoever  shall,  in  person,  or  by  another,  erect  any 
building  in  violation  of  this  oi’dinance,  shall  forfeit  and  ])ay  a 
sum  not  less  than  fifty  nor  more  than  five  hundred  dollars,  and 
a further  sum,  not  exceeding  twenty  dollai-s,  for  every  day  more 
than  ten  that  such  building  shall  be  suffered  to  remain  standing 
after  he  shall  be  convicted  of  erecting  the  same. 


No  building  un- 
less lire  - proof, 
to  be  used  for 
smoking  nie:it 


Erection  of 
wooden  build- 
ings may  be  i)ro- 
liibited  in  other 
blocks. 


Proceedings  ne- 
cessary. 


Applications, 
etc.,  to  be  re- 
corded. 


Order  to  be  pub- 
lished. 


Expenses  of 
publication, 
how  paid. 


Huildings  in  vio- 
lati(m  of  ordi- 
nance to  lie 
razed. 


Penalty  for  vio- 
lating this  ordi- 
nance. 


360 


FIRE  DEPARTMENT. 


Stoves,  how  set 
up. 


Stove-pipes  and 
chimneys,  how 
protected. 


Penalty  for  dis- 
obeying chief 
engineer. 


Inflammable 
substance  not  to 
be  boiled  in 
street 


Shavings,  etc., 
not  to  be  burned 
in  street. 


No  light  to  be 
used  in  stables, 
etc. 


Ilay,  etc.,  to  be 
protected  from 
fire. 


Iturning  coal  not 
to  be  exposed  in 
street,  etc. 


Firearms  not  to 
l)e  discharged  in 
city. 


Sec.  6.  No  person  shall  set  up  or  use  a stove  the  top  or  any 
side  of  which  shall  be  within  two  feet  of  any  part  of  the  wood- 
work of  the  wall  or  partition  of  any  building,  without  protecting 
such  wood- work  with  a metallic  covering,  so  as  effectually  to 
prevent  the  same  from  taking  fire  from  such  stove. 

Sec.  7.  In  all  cases  where  a stove-pipe  projects  or  passes 
through  the  roof  or  wood- work  of  a building,  the  pipe  shall  be 
separated  from  such  roof  or  wood- work  at  least  six  inches,  by 
sheet- iron  or  other  incombustible  material,  and  shall  project 
above  or  beyond  the  roof;  or,  where  a chimney  or  smoke-stack 
has  been  erected,  to  the  hight  designated  by  the  chief  of  the 
fire  department ; and  any  person  or  persons  refusing  to  comply 
with  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  fined  not  less  than  fifty  nor  more  than  one 
hundred  dollars  for  each  offense. 

Sec.  8.  No  person  shall,  in  the  city,  boil  any  pitch,  tar,  rosin, 
turpentine,  varnish,  or  other  inflammable  substance,  unless  the 
same  be  done  in  an  open  place,  at  least  thirty  feet  distant  from 
any  building,  boat,  vessel,  or  other  property  that  might  be  injured 
thereby,  or  in  a fire-proof  building. 

Sec.  9.  No  person  shall  burn  any  shavings,  or  other  com- 
bustible matter,  in  any  street,  alley,  or  other  thoroughfare  or 
public  place,  or  near  any  inhabited  place  in  this  city. 

Sec.  10.  No  owner  or  occupant  of  a livery  stable,  or  other 
stable,  in  this  city,  shall,  by  himself  or  those  in  his  employ,  use 
therein,  or  in  any  place  containing  hay,  straw,  or  other  com- 
bustible matters,  any  lighted  candle,  or  other  light,  except  the 
same  be  securely  kept  within  a tin,  horn,  or  glass  lantern. 

Sec.  11.  No  person  sliall,  in  this  city,  have,  put,  or  keep  any 
hay  or  straw,  in  stack  or  pile,  without  having  the  same  inclosed 
or  secured  so  as  to  protect  it  from  flying  sparks  of  fire. 

Sec.  12.  No  person  shall,  in  this  city,  carry,  or  cause  to  be 
carried,  in  any  street  or  other  thoroughfare,  any  burning  coal  or 
brand,  unless  the  same  be  shut  up  in  a covered  vessel. 

Sec.  13.  No  person,  not  being  on  duty  in  a military  corps 
and  acting  under  orders  tVom  the  commander  thei*eof,  or  not 
lieing  a manufacturer  of  fii*e-arms  and  trying  or  })roving  articles 
manufactured  by  him,  so  as  to  not  endanger  or  injure  persons  or 


FIRE  DEPARTMENT. 


3G1 


property  in  tlie  ncigliborliood,  shall  (liscliarge  any  kind  of  fire- 
arms in  this  city. 

Sec.  14.  No  person  shall,  in  this  city,  discharge  or  set  off  any 
rockets,  or  other  pyrotechnic  exhibition,  without  the  written 
consent  of  the  mayor,  specifying  the  time  and  place  when  and 
wdiere  the  same  may  be  done. 

Sec.  15.  No  person  shall,  in  this  city,  fire  or  set  off  any  squib, 
cracker,  or  other  fire-works  not  previously  designated. 

Sec.  16.  Any  person  setting  up  any  stove  or  furnance  in  any 
building  in  this  city  shall  place  the  same  on  a platform  of  brick, 
sheet- iron,  or  other  incombustible  substance,  extending  at  least 
six  inches  in  every  direction  beyond  that  part  of  the  lower  plate 
which  fronts  the  door  of  the  stove  or  furnace. 

Sec.  17.  The  owner  or  occupier  of  any  house,  shop,  or  other 
building  in  this  city,  shall  cause  the  fines  or  chimneys  thereof  to  be 
swept  or  burnt  out  as  often  as  may  be  requisite  to  keep  the  same 
clean.  In  cases  of  burning  out  a fine,  it  shall  be  done  in  the  day 
time,  and  only  when  rain  is  falling  or  when  the  roof  of  the 
building  is  covered  with  snow.  If  any  person  shall  suffer  the 
fiues  of  a house  occupied  by  him  to  take  fire,  or  be  fired,  at  any 
other  time  than  herein  expressed,  he  shall  be  liable  to  the  penal- 
ties hereinafter  prescribed. 

Sec.  18.  Whoever  shall  violate  any  of  the  previous  provisions 
of  article  third  of  this  ordinance,  contained  in  the  sections 
succeeding  fifth  section,  shall  forfeit  and  pay  a sum  not  exceeding 
one  hundred  dollars. 

Sec.  19.  The  street  inspectors,  or  chief  engineer,  shall  have 
powxr  to  require  all  persons  to  correct,  remove  or  abate  any  state 
of  things  done,  caused,  suffered,  or  ])ermitted  by  them,  in  viola- 
tion of  this  ordinance  ; and  upon  their  failure  to  comply  with 
such  requirement  to  correct,  remove,  or  abate  the  same  themselves, 
calling,  if  necessary,  the  assistance  of  the  city  ])olice  ; and  al^ 
costs  attending  their  action  in  such  cases  shall  be  recovered 
against  the  party  offending  ; and  any  person  or  persons  i-efusing 
or  neglecting  to  conq)ly  with  the  provisions  of  this  ordinance, 
shall  be  deemed  guilty  of  a misdemeanor,  and  fined  not  less  than 
fifty  nor  moi-e  than  one  hundred  dollars. 

Sec.  20.  In  case  of  a fire  occurring  on  any  steamboat  or  other 
vessel  in  the  harbor  of  the  city  of  St.  Louis,  it  shall  be  lawful  for 


Rockets,  etc., 
not  to  be  set  oft’ 
in  city,  except. 


Fire  - crackers, 
etc.,  not  to  be 
set  olT. 

Stoves,  bow  to 
be  set  up. 


Chimneys  to  be 
cleaned,  when. 


Penalty  for  vio- 
Idtiiift  ordi- 
nance. 


Chief  engineer, 
power  to  rKinire 
corrections. 


Penalty  for  dis- 
obedience to. 


Steamboat  burn- 
ing, to  be  re- 
moved from 
landing. 


362 


FIRE  DEPARTJ^IENT. 


other  boats  may 
be  employed  to 
tow  out. 


Compensation 
for  use  of  steam 
boat  in  lowing. 


Loss  to  be  borne 
by  city. 


Boats  at  landing 
to  be  moored. 


Penalty  for  vio- 
lation. 


Steamboat  not 
to  be  set  adrift. 


Penalty. 


Persons  build- 
ing to  make 
statement  and 
obtain  permit. 


tlic  mayor,  or,  in  case  lie  is  not  present,  for  the  harbor- master, 
or  cliief  engineer  of  the  fire  department,  to  charter  and  take 
possession  of:'  any  steam  ferry-boat,  or  otlier  steamboat,  at  the 
landing,  which  may  have  steam  up,  or  can  soonest  be  got  ready, 
and  immediately  put  said  steamboat  into  sei'vice  to  tOAV  the 
burning  vessel  or  vessels,  or  other  steamboats  likely  to  take  fire, 
into  a place  of  security,  and  to  keep  the  same  so  engaged  as  long 
as  necessity  shall  recpiire. 

Sec.  21.  xi  reasonable  compensation  shall  be  paid,  on  the 
certificate  of  the  mayor,  out  of  the  contingent  fund  of  the  city, 
for  the  use  of  any  steamboat  or  ferry-boat  so  employed  ; and, 
whilst  in  the  service  of  the  city  as  aforesaid,  such  steamboat  or 
ferry-boat  shall  be  at  the  risk  of  the  city,  and  be  paid  for  by  the 
corporation  if  destroyed  by  fire  or  sunk,  or  repaired  at  the  city’s 
expense  in  case  of  partial  injury. 

Sec.  22.  All  steamboats  and  wharf -boats  lying  at  the  levee, 
within  the  harbor  of  the  city  of  St.  Louis,  shall  be  safely  moored 
and  secured  to  the  ringbolts  on  the  wharf,  by  a good  and  suffi- 
cient iron  head- chain  and  breast- chain  to  each  boat  ; and  the 
master,  owner,  or  person  in  charge  of  any  steamboat  or  wharf- 
boat  not  so  secured,  shall  be  deemed  guilty  of  a misdemeanor, 
and  be  liable  to  a fine,  on  proof  before  the  recorder,  of  not  less 
than  fifty  nor  more  than  one  hundred  dollars  ; and  it  is  hereby 
made  the  duty  of  the  harbor-master  to  enforce  this  provision,  and 
report  all  parties  offending  against  the  same. 

Sec.  23.  Any  person  who  shall  cast  loose  the  fastening  of,  or 
set  adrift,  any  steaml)oat  or  wharf-l)oat  Avhich  may  be  on  fire  in 
the  harbor  of  St.  Louis,  unless  by  order  of  the  mayor,  harbor- 
master, or  chief  engineer  of  the  fire  department,  shall  be  deemed 
guilty  of  a misdemeanor  ; and  shall,  on  conviction  before  tlie 
recorder,  be  fined  in  a sum  not  less  than  one  hundred  nor  more 
than  five  hundred  dollars. 

arttclp:  IV. 

Inspection  of  BuUdin^s^  and  Prevention  of  Fires. 

Section  1.  When  any  person  sliall  be  a1)out  to  erect  a house  or 
building  within  tlie  city  of  St.  Louis,  he  shall  make  a written 
application  to  the  cliieF  engineer  of  the  fire  department,  stating 


FIRE  DEJ^ARTMENT. 


the  luiuibei’  and  extent  of:'  tlie  building,  the  estimated  cost,  tlie 
exact  S})ot  ot'  gi’ound  on  which  to  be  built,  and  tlie  contract  time 
for  completion;  and  thereupon  said  officer  shall,  after  inspecting 
the  jireniises,  issue  a permit  to  occupy  such  a part  of  any  street 
or  alley  for  the  purpose  of  placing  thereon  a lime-house  or  build- 
ing materials,  and  for  such  time  as  may  be  necessary.  Any 
person  or  persons  building  without  having  first  obtained  such 
permit,  or  violating  the  same  after  having  obtained  it,  shall  be 
immediately  reported  to  the  recorder,  and  fined  not  less  than  Penalty, 
fifty  nor  more  than  one  hundred  dollars. 

Sec  2.  It  shall  be  the  duty  of  said  officer  to  have  a general  Powers  and  du- 

. . , . . e n 1 -1  T -1  e lies  of  chief  en- 

supervision  and  inspection  ot  all  buildings  in  the  course  ot  gineer  touching 

. , . ^ T erection  of 

construction  ; to  cause  to  be  carried  into  enect  all  ordinances  buildings, 
provided  for  the  prevention  of  fires,  and  for  demolishing  walls 
and  other  structures  which  endanger  life  and  property  ; to  see 
that  all  outside  partition  and  parapet  walls  are  constructed  of 
marketable  material,  and  of  sufficient  strength.  He  shall  remove 
or  prevent  the  construction  of  any  fire-place,  hearth,  chimney  or 
stove  in  any  building,  which  may  be  dangerous  in  causing  or 
promoting  fires  ; he  shall  direct  the  safe  construction  for  the 
deposit  of  ashes  ; and  may  enter  into,  at  all  reasonable  times,  and 
examine  all  dwelling  houses,  lots,  yards,  and  inclosures,  in  order 
to  discover  if  they  are  in  a dangerous  state,  and  to  cause  such 
as  may  be  unsafe  to  be  put  in  a safe  and  secure  condition. 

Sec.  ?).  Any  person  who  shall  erect  a house  or  building  in  the  Penalty  for  vio- 
city  without  first  taking  out  a permit,  and  in  other  res})ects  com- 
plying  with  the  re(|uirements  of  section  four  of  this  ordinance,  or 
who  shall  fail  or  refuse  to  conform  Avith  the  instructions  of  said 
officer,  in  compliance  with  the  reipiirements  of  this  ordinance, 
shall  be  deemed  guilty  of  a misdemeanor;  and,  on  conviction 
thereof,  shall  be  fined  not  less  than  five  nor  more  than  one 
hundred  dollars  for  the  first  offense,  and  not  less  than  ten  dollars 
nor  more  than  two  hundred  dollars  for  any  subseipient  offense  : 

Provided.,  however^  that  such  party  shall  be  served  with  a 
notice  in  writing,  setting  forth  distinctly  some  one  of  the  dan- 
gers hereinbefore  stated,  Avith  instructions  to  remedy  the  same 
without  delay. 

Sec.  4.  It  shall  be  the  duty  of  said  officer  to  keep  a record  of  Engi  neer  to  re- 
all  permits  issued,  which  shall  be  regularly  numbered  in  the  order  and  statements. 


364 


FIRE  DEPARTj\IENT. 


Register  of 
l»nil(iings  erec- 
ted. 


Powers  of  engi- 
neer touching 
origin  of  tires. 


Permits  for  re- 
pair of  houses, 
how  obtained. 


Duties  of  mayor 
and  chief  engi- 
neer concerning 
dangerous  build- 
ings. 


Penalty  for  dis- 
obeying notice 
of  mayor. 


of  their  issue,  and  also  a record  of  the  statements  upon  which 
permits  are  issued, -and  return  the  same  to  the  city  register  at  the 
end  of  every  six  months.  He  shall  also  keep  a record  of,  and 
report  to  the  common  council,  a full  and  complete  register  of 
the  number,  description,  and  size  of  every  building  erected  in 
the  city  during  his  term  of  office  ; of  what  materials  con- 
structed, with  the  aggregates  of  the  number,  kind  and  cost  of 
all  buildings. 

Sec.  5.  It  shall  be  the  duty  of  said  officer,  upon  the  occurrence 
of  every  fire,  instantly  to  repair  to  the  spot  and  make  diligent 
search  and  inquiry  as  to  the  probable  cause  thereof.  He  shall 
make  a written  statement,  which  shall  be  sworn  to  by  him,  and 
immediately  published  in  the  newspapers  doing  the  city  printing. 
He  shall  have  power  to  make  arrests  of  persons  whom  he  has 
good  reason  to  believe  are  incendiaries,  and  to  administer  oaths, 
and  take  the  testimony  of  creditable  witnesses  who  may  be 
cognizant  of  any  fact  pertaining  to  the  origin  or  cause  of  the  fire. 

Sec.  6.  The  requirements  of  section  one  in  relation  to  the  issue 
of  permits  shall  apply  to  persons  about  to  repair  houses,  provided 
they  design  to  occupy  any  portion  of  the  street  on  which  to  place 
building  materials. 

Sec.  7.  Whenever  the  mayor  shall  be  informed  that  any  build- 
ing or  other  structure  is  in  a situation  to  endanger  the  lives  of 
persons  passing  by  or  residing  in  the  vicinity  thereof,  or  endanger 
property,  he  shall  fortlnvith  notify  the  chief  engineer  of  tlie  fire 
department,  wdio  shall  proceed  to  make  a survey  of  said  building 
or  structure,  and  report  to  him  his  opinion  of  the  same.  Ifc‘,  from 
said  report,  the  mayor  shall  believe  that  said  building  or  other 
structure  is  in  a situation  to  endanger  the  lives  of  persons,  or 
injure  property,  he  shall  immediately  notify  the  owner  or  agent 
of  such  building  or  other  structure  to  have  the  same  removed,  or 
otherwise  properly  secured,  within  twenty-four  hours  thereafter  ; 
and  should  he  or  they  fail  to  comply  with  said  notice,  it  shall  be 
the  duty  of  the  said  officer  to  proceed  forthwith  to  have  the  same 
demolished,  or  so  much  thereof  as  may  be  necessary.  And  if 
any  sucli  owner  or  agent  shall  fail  to  comply  with  the  re(iuire- 
ments  of  such  notice,  he  or  they  shall  be  deemed  guilty  of  a 
breach  of  this  ordinance,  and  subject  to  a fine  of  not  loss  than 
fifty  dollars,  nor  exceeding  one  hundred  dollars,  to  be  sued  for 


FIRE  DE1>ARTMENT. 


8f)5 


and  recovered  before  the  recorder,  as  iii  other  cases  of  ])reaches 
of  ordinances. 

Sec.  8.  The  cost  of  demolishing  walls  and  other  structures 
which  endanger  life  and  property,  provided  for  by  this  ordinance, 
shall  be  charged  to  the  owners  of  such  walls  and  other  structures, 
and  shall  be  collected  of  them  by  the  collectors  of  the  ward  in 
which  the  same  may  be.  The  comptroller  shall  make  out  said  bills 
and  place  them  in  the  hands  of  the  collectors,  to  be  returned  in 
twenty  days  if  not  paid  ; and  in  case  of  a failure  to  pay  said  bills, 
he  shall  place  the  same  in  the  hands  of  the  city  counselor,  to  be 
sued  for  as  in  case  of  other  debts  due  the  city  ; and  should  said 
bills  be  paid  upon  presentation,  the  same  shall  be  paid  over  by 
the  collectors  into  the  treasury,  and  credited  to  contingent  fund. 

Sec.  9.  The  above-named  cost  shall,  in  the  first  place,  be  paid 
by  the  city  out  of  the  contingent  fund. 


Cost  of  demol- 
ishing walls, 
how  collected. 


ARTICLE  V. 

Gim])(nvder  and  Hemp. 

Section  1.  Not  exceeding  one  pound  of  gunpowder  shall  be  Gunpowder,  how 
allowed  to  be  kept  by  any  person  or  persons  in  any  store,  dwell- 
ing,  building,  or  other  place  within  the  city,  except  retailers  or 
venders  of  gunpowder  in  small  quantities,  Avho  are  authorized  for 
that  purpose  to  keep  any  quantity  not  exceeding  thirty  pounds : 

Provided,  the  same  be  kept  in  tin  or  metal  canisters,  or  stone 
jars,  Avith  good  and  closely-fitted  and  Avell-secured  covers  upon 
such  canisters  or  jars. 

Sec.  2.  Every  retailer  of  gunpoAvder  shall  place  on  the  build-  Sign  to  bo  kept 

• i ' • 1 1 1 (.  1 announcing  gull- 

ing containing  the  same,  over  or  at  the  side  of  the  front  door  powder  tor  sale. 

thereof,  a sign,  Avith  the  words  “ Rowdeu  for  Sale”  printed 

thereon,  in  letters  at  least  three  inches  in  hight. 

Sec.  3.  No  person  shall  carry  gunpoAvder  on  any  vehicle,  in  Gunpowder, how 
any  part  of  the  city,  unless  the  same  shall  be  secured  in  kegs,  through  streets, 
boxes,  or  canisters,  sufficiently  close  to  prevent  the  grains  thereof 
from  falling  out,  and  be  laid  upon  and  covered  over  with  sheets 
of  canvas  or  other  cloth,  under  a penalty  of  one  hundred  dollars,  penalty. 

Sec.  4.  Whoever,  having  charge  of  any  vehicle  carrying  more  penalty  tor 
than  one  keg  of  twenty-five  pounds  of  gunpoAvder,  and  shall  have  certain 
such  vehicle  with  the  gunpoAvder  thereon  Avithin  the  limits  of  the 


866 


FIRE  DEPARTIMENT. 


Snfflcipnt  for 
trade  may  be 
kep  t . 


Boats  carrying 
gunpowder  sub- 
ject to  certain 
restrictions. 


Penalty  for  vio- 
lation thereof. 


Regulations  for 
unloading  gun- 
powder from 
boat,  etc. 


(tunpowder  to 
be  taken  to  mag- 
azine when  un- 
loaded. 


city  for  a longer  time  than  one  hour,  and  whoever  shall  suffer 
more  than  one  keg  of  twenty-five  pounds  of  gunpowder  in  his 
charge  to  be  upon  any  street,  alley,  or  sidewalk,  longer  than 
thirty  minutes,  shall,  in  either  case,  forfeit  and  pay  a sum  not 
less  than  ten  nor  more  than  fifty  dollars ; Provided^  howtiver^ 
that  such  quantities  of  gunpowder  as  may  be  required  for  the 
supply  of'  merchants  and  of  wholesale  dealers  making  up  bills  for 
the  country  trade  may  be  brought  into  the  city  from  the  powder 
magazines  or  depots  without  the  city  during  the  day,  and  such 
powder  shall  be  allowed  to  be  kept  in  the  city  during  the  business 
hours  of  the  day. 

Sec.  5.  No  steamboat  or  other  water-craft  shall  be  allowed  to 
land,  touch,  or  remain  at  any  part  of  the  wharf  or  public  landing, 
which  has  laden  upon  it  any  quantity  of  gunpowder  exceeding 
three  hundred  pounds,  except  at  the  places  and  upon  the  conditions 
and  under  the  restrictions  hereinafter  provided ; and  any  master, 
owner,  agent,  or  person  in  charge  of  any  boat,  or  other  water- 
craft, who  shall  violate  the  provisions  of  this  section,  shall  be 
subject  to  a fine  of  not  less  than  fifty  dollars  nor  exceeding  three 
hundred  dollars  for  each  violation  thereof. 

Sec.  6.  Any  boat,  vessel,  or  water-craft,  laden  in  whole  or  in 
part  with  gunpowder,  may  deliver  the  same  to  the  owner  or 
consignee  thereof,  at  the  port  of  St.  Louis ; but  the  same  shall 
not  be  unladen  at  any  point  or  part  of  the  wharf'  or  public  land- 
ing between  the  north  line  of  Myrtle  street  and  tlie  south  line  of 
Florida  street ; and  l)efore  any  gunpowder,  in  (piantity  exceeding- 
one  hundred  pounds,  shall  be  unladen  from  any  boat,  vessel,  or 
other  water-craft,  it  shall  be  tlie  duty  of  the  master,  owner, 
agent,  or  other  person  in  charge  of  said  boat,  vessel,  or  other 
water-craft,  or  the  owner  or  consignee  of  such  powder,  to  notify 
the  city  marshal,  or  one  of  his  deputies,  of  the  design  and 
intention  to  uidoad  such  powder;  and,  upon  being  notified  as 
aforesaid,  it  shall  be  the  duty  of  the  marshal  or  deputy  (as  the 
case  may  be)  to  superintend  and  see  that  such  powder  is  securely 
uidoaded,  and  all  the  provisions  of  this  ordinance  observed. 

Sec.  7.  All  gunpowder  taken  or  unladen  from  any  boat  or 
vessel,  in  quantity  exceeding  one  liundred  pounds,  sliall  not  be 
allowed  to  remain  on  any  part  of  tlie  wharf  or  public  landing, 
nor  on  any  street,  lane,  or  avenue ; but  the  same,  as  soon  as 


FIliE  DEPARTMENT. 


‘) 

o 


G7 


luiided,  shall  be  removed  forthwith,  in  a proper  and  secure 
manner,  as  hereinbefore  provided,  bj  the  most  direct  route  from 
the  place  of  unloading  to  the  magazine  or  place  of  depot  beyond 
the  city  limits. 

Sec.  8.  Any  person  or  persons  desiring  to  ship  or  load  any  iiPRuiations  for 

^ >■  CD  I ^ shipi)iii<;  gun- 

powder upon  any  steamboat  or  vessel  about  to  de})art  from  the  powder. 

port  of  St.  Louis,  shall  notify  the  marshal,  or  one  of  his  deputies, 
of  such  desire,  the  name  or  description  of  the  boat  or  vessel,  and 
the  place  from  whence  the  powder  is  intended  to  be  shipped  ; and 
it  shall  be  the  duty  of  the  marshal  or  his  deputy  (as  the  case  may 
be),  on  being  notified  as  aforesaid,  to  superintend  and  see  that 
such  powder  is  safely  and  securely  transported  by  the  most  direct 
route  to  the  boat  or  vessel  on  which  the  same  is  designed  to  be 
shipped  or  loaded,  and  see,  also,  that  such  powder  is  securely 
conveyed  from  the  landing  on  board  of  such  boat  or  vessel,  and 
deposited  thereon  in  a secure  place  from  fire.  And  any  boat  or 
vessel,  after  having  shipped  aboard,  as  aforesaid,  at  the  port  of 
St.  Louis,  any  (piantity  of  gunpowder  exceeding  one  hundred 
pounds,  shall  not  be  allowed  to  touch  at,  moor,  or  remain  at  any 
other  part  or  portion  of  the  wharf  or  public  landing  ; but  such 
boat  or  vessel  shall  proceed  on  her  intended  voyage  without  any 
unnecessary  delay,  and  in  no  event  remain  within  the  corporate 
limits  of  the  city  exceeding  six  hours  thereafter. 

Sec.  9.  Whoever  shall,  knowingly,  bring  within  the  corporate  penalty  fur 
limits  of  the  city  any  (piantity  of  gunpowder,  concealed  in  a box,  Ir'cTty'i 
barrel,  parcel,  package,  or  other  thing,  marked  and  purporting 
to  be  other  than  gunpowder,  shall  forfeit  and  pay  five  hundi’ed 
dollars,  and  the  gunpowder  so  concealed  shall  be  forfeited  and 
seized,  and  sold  by  the  marshal,  as  hereinafter  provided. 

Sec.  10.  If  any  affidavit  be  presented  to  the  mayor,  showing  Mayor  to  is  ue 
probable  cause  to  believe  that  any  person  kee})s,  has,  })ossesses  or  fo^’^guirpiwJipJ, 
conceals  any  gunpowder,  in  violation  of  this  ordinance,  he  shall 
issue  to  the  city  marshal  a search-warrant,  commanding  him  to 
search  any  place  in  cpiest  of  such  gunpowder,  which  warrant  shall 
be  forthwith  rigidly  executed. 

Sec.  11.  Whoever  shall  violate  any  of  the  provisions  of  this  Penalty  for  vio- 
article,  and  if  no  specific  penalty  or  fine  is  prescribed  for  such  nance.*''** 
violation,  the  person  or  persons  guilty  of  any  sucdi  violation,  on 
conviction  thereof,  shall  be  adjudged  to  pay  a fine  not  less  than 


368 


FIRE  DEPARTMENT. 


Gunpowder  in 
violation  of  or- 
dinance to  be 
seized. 


Marshal  to  sell 

gunpowder 

seized. 


Provisions  con- 
cerning hemp 
and  hay. 


Penalty. 


nemp  manufac- 
tories not  pro- 
hibited in  cer- 
tain limits. 


Baled  hemp,  how 
long  to  remain 
on  wharf. 


This  article  to 
extend  to  com- 
mon. 


one  hundred  dollars,  and  not  exceeding  five  hundred  dollars. 
And  all  gunpowder  kept,  stored,  removed,  transported  and 
exposed  within  the  city,  or  unladen  from,  or  laden  upon,  any 
steamboat  or  vessel,  contrary  to  and  in  violation  of  any  of  the 
provisions  of  this  ordinance,  shall  be  liable  to  be  seized  by  the 
city  marshal,  or  by  any  city  officer  cognizant  of  the  fact  ; and  it 
is  hereby  made  the  duty  of  the  city  marshal,  and  all  other  city 
officers,  forthwith  to  seize  such  powder  and  convey  the  same  to 
a safe  place  beyond  the  city  limits  ; and  any  and  all  quantities 
of  gunpowder  seized  as  aforesaid  shall  be  sold  by  the  city 
marshal,  at  public  vendue,  to  the  highest  and  best  bidder,  for 
cash,  first  giving  three  days’  notice  of  the  time,  place,  and  terms 
of  such  sale  in  the  newspapers  employed  by  the  city. 

Sec.  12.  No  baled  hay,  hemp,  or  cotton  shall  be  stored  between 
Wash  street  and  Chouteau  avenue,  and  the  levee  and  Twelfth 
street : Provided^  hoivever,  that  baled  hay  may  be  kept  for 
retail  and  packing  purposes  in  quantities  not  exceeding  twenty- 
five  bales  at  any  one  place.  No  loose  hay  that  will  endanger 
contiguous  property  by  its  burning  shall  be  stored  on  any  lot  or 
in  any  building  within  the  city  limits : Provided^  however^ 
that  loose  or  baled  hay  may  be  kept  in  stables  for  immediate 
use.  Any  person  violating  the  provisions  of  this  section  shall  be 
fined  not  less  than  one  hundred  and  not  more  than  five  hundred 
dollars. 

Sec.  13.  The  provisions  of  the  foregoing  section  shall  not  be 
held  to  prevent  the  establishment  of  manufactories  of  hemp  in  the 
city  of  St.  Louis,  without  the  fire  limits  of  the  same:  Provided^ 
that  the  buildings  for  said  purpose  shall  be  so  constructed  as  to 
be  fire-proof  without. 

Sec.  14.  Baled  hemp  shall  not  be  permitted  to  remain  on  the 
wharf  for  a longer  time  than  twenty-four  hours  after  the  same  is 
landed. 

Sec.  15.  The  provisions  of  this  article  are  extended  and 
declared  to  be  in  force  over  the  St.  Louis  common.  All  ordi- 
nances or  parts  of  ordinances  conflicting  with  the  provisions  of 
this  ordinance,  are  hereby  repealed. 

Approved,  August  30,  1864. 


FUND  COMMISSIONER 


309 


(No.  4307.) 


FUND  COMMISSIONER. 

AN  ORDINANCE  TO  PROVIDE  FOR  THE  APPOINTMENT  OF  A FUND 

COMMISSIONER. 


Compensation  of  fund  coramis- 

siouer 

Fund  commissioner,^  how  ap- 
pointed   

term  of  office  of. 

duties  of. 


I 3 

1 

1 

2 


Fund  commissioner,,  compensa- 
tion of 

Mayor,  to  appoint  fund  commis- 
sioner  

annual  settlement  to  be  filed 
with 


3 

1 


2 


Be  it  ordained  hy  the  Common  Council  of  the  City  of  St. 

Louis . 

Section  1.  The  mayor  of  the  city  of  St.  Louis  shall,  as  soon  Fundcommis- 

\ sioner. 

after  the  passage  of  this  ordinance  as  practicable,  nominate  to 

the  board  of  aldermen,  to  be  confirmed  by  them,  an  officer  to  be 

called  the  “Fund  Commissioner,”  who  shall  hold  his  office  for  Term  of  office. 

two  years  from  and  after  his  appointment  and  confirmation,  and 

until  his  successor  is  appointed  and  qualified,  unless  sooner 

removed  for  cause. 

Sec.  2.  The  said  fund  commissioner  shall  perform  all  the 
duties  required  by  act  of  the  general  assembly  of  the  State  of 
Missouri,  entitled  “An  act  to  provide  for  the  reduction  of  the  city 
debt  of  the  city  of  St.  Louis,”  approved  March  5,  1855;  and 
make  an  annual  settlement  with  the  mayor  in  duplicate,  one  to  be 
filed  and  preserved  in  the  office  of  the  comptroller,  the  other  to  be 
delivered  to  the  commissioner. 

Sec.  3.  The  said  fund  commissioner  shall  receive,  in  full  compensation, 
compensation  for  his  services,  five  hundred  dollars  per  annum,  to 
be  paid  out  of  the  appropriation  for  salaries. 

Approved,  January  15,  1859. 


24 


0 


HARBOR  DEPARTMENT. 


(No.  5420.) 

HARBOR  DEPARTMENT. 

AN  ORDINANCE  ESTABLISHING  AND  REGULATING  THE  HARBOR 
DEPARTMENT. 


Accounts  s harbor-master  to  keep 

of  certain  moneys II,  \ 1 

Affidavit  for  proceeds  of  certain 

sales,  how  made II,  10 

Alton  packets^  wharf-boat  of.. .VI,  2 

rate  of  wharfoge  for VI,  2 

Atlantic  and  Mississippi  steatnship 

company^  wharf  of. VI,  12 

not  to  obstr  uct  carriage-way  VI , 13 

may  erect  shed  on  levee VI,  14 

rent  to  be  paid  by VI,  15 

Auditor^  harbor-master  to  settle 

with II,  1 

treasurer  to  report  to II,  9 

to  draw  warrant  for  proceeds 

of  .sales,  when II,  10 

to  draw  warrant  for  deticit  in 

sales,  when II,  11 

lumber- measurers  to  settle 

with V,  7 

wood-master  to  settle  with...V,  7 

Baled  hay  ^ when  to  be  removed 

from  wharf. V , 9 

Baled  hemp,  when  to  be  removed 

from  wharf. V,  9 

Barges,  harbor-master  to  direct 

mooring  of II,  7 

owners  of,  refusing  to  obey 

harbor-master .II,  7 

not  to  land  in  front  of  water- 
works  II,  13 

rates  of  wharfage  on V,  13 

refusing  to  permit  measure- 
ment of. V,  13 

Boards,  lumber  - measurers  to 

measure Ill,  3 

expen.se  of  handling,  how 

paid Ill,  G 

how  assorted  and  measured... 

Ill,  7.  13,  14,  15 

how  classed Ill,  9,  10,  11,  12 

where  landed Ill,  17 

wharfage  on V,  18 

fees  for  measuring V,  19 

Boats,  leaking,  to  be  removed 

from  harbor V,  4 

sunk,  duties  of  harbor-master 

concerning V,  5 

wharfage  on V.  13,  17 

refii.sing  to  permit  measure- 
ment of V,  13 

Bond,  of  lumber-measurers Ill,  1 


Bond,  wood -master  to  give,  IV.  \ 2 
of  wood-master,  amount  of.. IV,  3 
to  be  given  on  ferry  license  VII,  4 
Cargo,  time  allowed  to  discharge 

and  take  in V,  2 

harbor  - master  may  extend 

time  tor  discharging V,  3 

Certificate  of  measurement , lum- 
ber-measurers to  give Ill,  8 

Certificates  of  wharfage,  what  to 

contain V,  21 

Chamber  of  commerce,  to  regu- 
late dunnaging  of  freigbt..V,  29 

Clapboards , wharfage  on V,  18 

Coal,  not  to  be  landed  on  paved 

wharf. IV,  IG 

rate  of  wharfage  for  landing  IV,  IG 
Coal-boats  not  to  pay  wharfa^eV,  15 
Cobble-stone,  space  for  landing 

set  apart A,  2G 

regulations  for  landing V,  27 

Combustible  materials,  harbor- 
master to  .‘;ee  protected II,  1 

Common  council,  harbor-master 

to  report  to II,  1 

lumber-measurers  to  i-eport  toV , G 

wood-master  to  report  to V,  G 

may  direct  ferry  license  to 

i.ssue VII,  3 

Compensation,  of  harbor-master 
for  conducting  .«ales,  etc...II,  11 

of  special  policemen II,  12 

Comptroller,  to  ascertain  expense 

of  removing  goods,  etc II,  9 

treasurer  to  report  to II.  9 

to  manage  sale  of  goods II,  9 

Cooper's  stuff,  wharfage  on V,  1^' 

fees  for  measuring.. V,  19 

Cord  of  f /'ewood,  amount  of, 

fixed. IV,  ^ 

Craft,  landing  Height,  to  hav(? 

name  painted  on IV,  15 

not  having  name  on,  penalty.. 

IV,  15 

Deputy  harbor-masters,  nu'inbers 

of  department I.  1 

Deputy  lumber-measurers^  lum- 
ber-mea.su  rers  to  kee]) V,  22 

Deputy  wood-masters , wood-mas- 

t(*r  to  keep V,  22 

Discharging  cargoes,  time  alloW(*d 

for.....' ! V,  2 


HARBOR  DEPARTMENT. 


Drift-wood^  not  to  be  stopped  at 

certain  place V,  I 12 

Dxuinaqinq  btisuxcss,  how  carried 

on V,  29 

Expenses  of  removing  wreck, 

how  paid V,  5 

Fees^  of  wood -master IV,  7 

of  himber-measurers V,  19 

Ferriage^  rates  of VII,  13 

Ferries^  provisions  concerning  VII 
not  to  be  kept  Avithout  license 

VII,  1 

petition  to  common  council, 

to  be  kept VII,  2 

common  council  may  direct 

license  to  issue  for VII,  3 

mayor  may  direct  license  to 

issue  for VII,  6 

duties  of  keepers  of. VII,  7 

failing  to  convey  passengers 

or  property VII,  7 

license  to  be  revoked,  wheiiVII,  8 
keepers  of,  may  be  sued  on 

their  bond,  when VII,  9 

Ferry-boats^  harbor-master  to 

keep  landing  of  clear II,  2 

not  to  pay  wharfage V,  15 

place  of  lauding  of,  harbor- 
master to  direct VII,  10,  11 

how  to  cross  the  river Vll,  12 

how  long  to  remain  at  land- 
ing  VII,  12 

copies  of  certain  ordinances  to 

be  posted  in VII,  14 

failing  to  post  up  copies  of 

ordinance VII,  14 

Firewood^  wood- master  to  direct 

landing  of. IV,  4 

wood-master  to  measure  and 

collect  charges  on IV,  4 

wood-master  to  control  wharf 

in  regard  to IV%  4 

taking,  from  cords  measured  IV,  4 

rates  of  wharfage  on IV,  5 

not  to  be  placed  on  paved 

wharf. IV,  5 

how  to  be  measured IV,  0,  10 

how  to  be  sold IV,  0 

sold  in  wood -yards,  keeper  to 

furnish  ticket IV,  14 

furnishing  less  than  ticket 

calls  for IV,  14 

when  to  be  removed  from 

landim? V,  11 

Flat-boats,  not  to  land  in  front 

of  waterworks 11,  13 

wharfage  on V,  14 

Front  street^  harbor-master  to 

supervise..... II,  1 

General  instructions  concerning 

harbor  department ^.V 

Goods,  remaining  on  wharf,  to 
be  removed,  how II,  8 


Goods,  cost  of  removing,  how 

paid II,  I 9 

hnrbor-mastermay  sell,  when  II,  9 
owners,  etc. , may  receive  pro- 
ceeds of  sale  of,  when II,  10 

Gravel,  space  for  landing  set 

apart V,  2(5 

regulations  for  landing V,  27 

Harbor,  harbor-master  may  re- 
quire leaking  boats  to  leave  V,  4 
Harbor  department,  established..!,  1' 

what  to  embrace I,  1 

Harbor-master,  member  of  har- 
bor department I,  1 

duties  and  powers  of..II,  1 — 13; 

V;  3,  4,  5,  13,  16,  17,  26, 

30;  VI,  1,  2,  4,  5,  6,  7,  8. 
may  employ  laborers  and 

teams,  when II,  8 

compensation  of,  in  conduct- 
ing sales II,  11 

to  collect  wharfage  for  land- 
ing coal IV,  16 

ma^^  extend  time  for  discharg- 
ing freight ..V,  3 

parties  to  comply  with  direc- 
tions of. V,  8 

to  enforce  certain  ordinance  VI,  5 . 

Hay,  baled,  when  to  be  re- 
moved from  wharf. V,  9 

Hemp,  baled,  when  to  be  re- 
moved from  wharf. V,  9 

Illinois  river  packets,  where  to 

land VI,  4 

Impediments  not  to  be  deposited 

on  Avharf. V , 12 

Incumbrance  not  to  be  deposited 

on  wharf. V,  12 

Instructions,  general,  concern- 
ing harbor  deiiartment V 

Iron,  pig,  how  long  to  remain 

on  wharf. V,  10 

Joists,  lumber  - measurers  to 

measure Ill,  3 

exp«*nse  of  handling,  Avho  to 

pay Ill,  6 

how  assorted  and  measured... 

Ill,  7,  13,  14,  15 

wharfage  on V , 18 

fees  for  measuring V,  19 

Keel-boats,  harbor-master  to  di- 
rect mooring  of. II,  7 

owners  of,  refusing  to  obey 

harbor-master II,  7 

wharfage  on V,  14 

Keokuk  packets,  rate  of  wharfage 

for VI,  3 

Ijanding,  harbor-master  to  su- 
pervise  II,  1 

to  be  extended,  when II,  6 

things  on,  when  to  be  re- 
moved  V,  9 

Laths,  where  to  be  landed.. ..Ill,  17 
wharfage  on V,  18 


HARBOR  DEPARTMENT. 


Laths^  fees  for  measuring. ..V,  ^ 19 
Lead^  pig,  how  Jong  to  remain 

on  wharf ,.V,  10 

Licenses  for  ferries,  liow  ob- 
tained  yil,  2,  3,  4.  5,  6 

register  to  issue,  when VII,  4 

applicant  to  give  bond........ VII,  4 

register  may  renew,  when..VII,  5 
mayor  ma}'  direct  to  issue, 

when VII,  6 

'Licenses  for  lumber  - measurers 

amount  to  be  paid  for Ill,  1 

Logs.,  not  to  be  hmded  in  front 

of  waterworlvs .II,  13 

where  to  be  landed Ill,  17 

to  be  cut  and  measured,  wlien 

IV,  11 

not  to  be  cut  on  wharf. IV,  12 

wharfage  on V,  18 

Lumber.,  may  be  landed  free  of 

charge,  wlien Ill,  4 

when  to  be  removed  from 

landing V,  II 

where  to  be  landed Ill,  17 

Lumber-measurers.,  members  of 

harbor  department I,  1 

harbor-master  to  control II,  1 

provisions  concerning Ill 

to  paj^  license Ill,  1 

to  give  bond Ill,  1 

exercising  office  of  without 

authorfty Ill,  2 

powers  and  duties  of..III,  4,  5, 

6,  7,  8;  V,  6,  7,  21,  22,  23 

to  report  to  register V,  6 

parties  to  comply  with  direc- 
tions of V,  8 

fees  of. V,  19,  20 

to  keep  deputies V,  22 

not  to  buy  or  sell  certain  arti- 
cles  V,  23 

Madison  county  ferry  company., 
register  to  issue  license  to... 

VII,  18 

rate  for  license  of. VII,  18 

Mayor,  to  direct  posts  and  ring- 
bolts jirovided  foi’ vessels... II,  5 
consent  of,  to  einploj"  special 

policemen II,  12 

to  approve  bond  of  lumber- 

measurers Ill,  1 

to  appoint  wood -master IV,  1 

to  apiirove  contracts  for  re- 
moving wrecks V,  5 

may  direct  ferry  license  to 

issue VII,  6 

may  revoke  ferry  license, 

\Hien VI  I,  8 

Memphis  packets . wharf-boat  of  VI,  8 
Memphis  and  St.  Louis  packet 
company,  may  erect  plat- 
form.  VI,  10 

platform  of  to  be  used  as  land- 
ing  VI,  17 


Memphis  and  St.  Louis  packet 
company,  platform  of  may 

be  removed,  when VI,  \ 18 

Merchandise,  harbor-master  to 

superintend  on  levee II,  1 

to  be  removed  from  wharf, 

when II,  8 

cost  of  removing,  how  paid..II,  9 
harbor-master  may  sell,  when  II,  9 
owners  may  receive  proceeds 

of  sale  of,  how II,  10 

New  Orleans  railroad  packets, 

wharf-boat  of. VI,  0 

Northern  line  of  packets,  to  re- 
move wharf-boat VI,  7 

Nuisances,  not  to  be  deposited 

on  wharf. V,  12 

Oath  of  wood-master IV,  2 

Obstructions,  harbor-master  to 

see  river  clear  of. II,  1 

harbor-master  to  remove  from 

landing II,  2 

parties  refusing  to  remove, 

how  dealt  with II,  3,  4 

Packet  boats,  harbor- master  to 

clear  landing  of. II,  2 

, wharfage  of. VI,  1 

Alton,  wharf-boat  of. VI,  2 

Illinois  river,  where  to  land..VI,  4 

Keokuk,  wharf-boat  of. VI,  3 

Memphis,  wharf-boat  of VI,  8 

Northern  line,  wharf  - boat 

of. VI,  7 

St.  Louis  and  New  Orleans, 
railroad,  wharf-boat  of.. ..VI,  6 
Memphis  and  St.  Louispack- 

et  company VI,  16,  17,  18 

Atlantic  and  Mississippi  steam- 
ship company 

Vl,  12,  13,  14,  15 
Paving  - stones , removing  from 

wharf. V,  28 

PewaPies  lor  certain  offenses. ..II,  4, 
7,  13;  III,  2;  IV,  4,  9,  12, 

14,  15;  V,  13,  24,  25,  28; 
VI,  11;  VII,  7,  8,  14 
Pig  iron,  how  long  to  remain  on 

wharf, V,  10 

Pig  lead,  how  long  to  remain  on 

wharf. V,  10 

Planks,  lumber-measurer  to 

measure .....Ill,  3 

expense  of  handling,  who  to 

pay Ill,  6 

how  assorted  and  measured 

III,  7,  13,  14,  15 

how  classed Ill,  9,  10,  11,  12 

where  to  be  landed Ill,  17 

wharfage  on V,  18 

fees  for  measuring V,  19 

Police  commissioners,  consent  of 
to  employ  special  police. ..II,  12 
Policemen  , si)ecial  ( see  si)ecial 
policemen). 


IIAIUWII  DEPARTMENT. 


rosfft,  where  to  be  Ijiiuled Ill,  17 

wharfage  on V,  18 

fees  lor  ineasiirin^ ID 

Posts  and  ringbolts,  lor  fasteniii<? 

vessels,  how  provided II,  5 

Rafts,  not  to  land  in  front  of 

waterworks ll,  13 

Rails,  where  to  he  landed Ill,  18 

wharl’a<>-e  on V,  17 

fees  lor  ineasnrino' V,  19 

Rates  of  charges,  t^eneral  pro- 
visions concerning V 

Rates  of  ferriage YII 

Recorder,  to  smnnion  and  try 

certain  parties II,  3,  4 

Register  (city),  harbor-master  to 

report  to II,  1 

to  issue  license  to  lumber- 

measurers Ill,  1 

lumber-measurers  to  report 

to V,  6 

wood-master  to  report  to V,  6 

dimnaging-  parties  to  apply  to 

V,  29 

to  issue  license  to  Alton  pack- 
ets  VI,  1 

to  issue  license  to  ferrv-keep- 

ers : VII,  4 

may  renew  license  to  ferry- 

keepers VII,  f) 

Report  of  harbor- mastei-  to  regis- 

^ ter II,  1 

of  liarbor-mastei*  to  common 

council II,  1 

of  lumber-measurers  to  regis- 
ter  V,  G 

of  lumber-measurers  to  com- 
mon council G 

of  wood-master  to  register...  V,  G 
of  wood-master  to  common 

council V",  G 

Ringbolts,  harbor-master  to  keep 

in  repair  and  supply II,  1,  8 

River  bank,  harbor- master  to 

supervise II,  1 

Rales  for  vehicles  on  v)harf,  har- 
bor-master to  publish II,  1 

Salary  of  wood-master IV,  8 

Sale  of  goods,  etc.,  by  harbor- 
master, how  condueted 11,  9 

harbor-master  to  account  to 

auditor II,  11 

deficit  in  expense  of,  how  cov- 
end  II,  11 

Scantling,  to  be  measured  by 

lumber-measurers HI,  3 

how  to  be  measun'd  III,  13,  14,  15 

where  to  b(;  landed Ill,  17 

when  to  be  removed  from 

landing V,  11 

wharfage  on V,  18 

fees  for  measuring V,  19 

Scavenger  boats,  harbor-master 

to  clear  landing  of. II,  2 


Shingles,  where  to  be  landed..! II,  17 

wharfage  on V,  18 

fees  for  irn'asuring V,  19 

Skids,  affidavit  of  number  of,  to 

be  made V,  29 

amount  to  be  paid  for  keep- 
ing  V;  29 

harbor-mast(*r  to  direct  space 

to  be  occupied  by V,  30 

Special  policemen,  harbor-master 

may  employ II,  12 

compensation  of. II,  12 

])owers  and  duties  of. II,  12 

how  commissioned II,  12 

Square  timber,  1 imib er-measurers 

to  measure Ill,  3 

expense  of  handling,  who  to 

pay Ill,  () 

how  assorted  and  measured 

III,  7,  13,  14,  15,  IG 

Staves,  wharfage  on V,  18 

Steamboat  landing  to  lio  extended, 

when II,  G 

Steamboats , not  to  land  in  front 

of  waterworks II.  13 

to  have  preference  in  landing  V,  1 

wharfage  on V,  13,  17 

refusing  to  permit  nieasure- 

r ment  of. V,  13 

landing  .set  a])art  for  certain  VI,  4 

St.  Louis  and  New  Orleans  rail- 
road packets,  wharf- boat 

of VI,  G 

Sunday,  cargo  not  to  lie  r(*ceived 

or  (lischarged  on V,  25 

Sunken  boats,  duties  of  harbor- 
master concerning V,  5 

Timber,  lumber  - measurers  to 

measure Ilf,  3 

expense  of  handling,  who  to 

pay Ill,  G 

how  assorted  and  measured 

III,  7,  IG 

where  to  be  landed Ill,  17 

wharfage  on V,  18 

fe(;s  for  measuring V,  19 

Tonnage  of  water-cra  ft , harbor- 
master to  register II,  1 

Tow-boats,  ivspoiisible  for  wharf- 
age of  boats  towed IG 

subject  to  same  r(*gulations  as 

othei’  boats V^,  IG 

Treasurer,  harbor- master  to  pay 

cei-taiu  momws  to "lI,  1 

moneys  to  be  j)aid  to II,  9 

to  re|)ort  to  comptroller  and 

auditor II,  9 

lumber  - measurers  to  pa y 

wharfage  to V,  7 

wood-master  to  pay  wharfage 

to V,  7 

Vehicles,  harbor-master  to  con- 
trol on  wharf. II,  1 

Violating  certain  ordinance 9 


HARBOR  DEPARTMENT. 


;!71 


Wagoners’  stiift’,  whurfage  on..V,  18 

fees  for  measuring V,  19 

Wares,  to  be  removed  from 

wharf. II,  8 

cost  of  removing,  how  paid..ll,  9 
harbormaster  may  sell,  when  II,  9 
owner  maj^  receive  proceeds 

of  sale  of,  how II,  10 

Water-craft,  harbor- master  to 

direct  .Rationing  of. II,  1 

arrival  and  departure  of,  to  be 

registered II,  1 

how  to  be  moored II,  7 

refusing  to  obey  instructions 

of  harbor-mastei’ II,  7 

not  to  land  in  front  of  water- 
works  II,  13 

landing  freight,  to  have  name 

painted  on IV,  15 

Waterworks,  harbor  - master  to 
prohibit  landing  in  front 

of. II,  13 

11  Aar/’,  harbor  - master  to  see 

clear  of  obstruction II,  1 

harbor-master  to  supervise  and 

control II,  1 

things  landed  on , when  to  be 

removed V,  9,  10 

nuisances,  impediments,  etc., 

not  to  be  deposited  on V,  12 

paved,  no  firewood  to  be 

placed  on IV,  5 

Wharfage,  harbor-master  to  re- 
port to  register II,  1 

on  firewood,  rate  of IV,  5 

on  boats,  rates  of V,  13 

on  wharf-boats VI,  1 

Wharf-boats,  regulations  con- 
cerning   VI 

rates  of  wharfage  for VI,  1 

no  one  to  sell  or  tranship  on 
{Hee  packets.)  VI,  11 


W half  fund,  certain  moneys  to 

be  credited  to II,  g 9 

Wiggins’  ferry  company,  register 

to  issue  license  to ..VII,  15 

license  of,  may  be  renewed 

VII,  IG 

rate  of  license  to  be  paid  by 

VII,  17 

Wood,  furnishing  less  than  stated 

in  ticket IV,  14 

not  to  be  landed  on  paved 

wharf,  except IV,  16 

Wood-boats,  to  have  names 

painted  on IV,  15 

having  no  names  painted  on, 

penalty IV,  15 

not  to  pay  wharhi^e V,  15 

how  long  to  remixin  at  land- 
ing.....  V",  15 

Wood-master,  member  of  harbor 

department .1,  1 

harbor-master  to  control II,  1 

)rovisions  concerning IV. 

low  appointed IV. 

term  of  office  of IV,  11 

oath  of. IV,  2 

bond  of. IV,  2,  3 

powers  and  duties  of IV,  4,  5, 

6,  7,  8,  11,  13;  V,  6,  7,  22 

fees  of. IV,  7 

salary  of. IV,  S 

to  report  to  register V,  6 

parties  to  comply  with  direc- 
tions of. V,  8 

to  keep  deputies V,  22 

not  to  buy  or  sell  certain  ar- 
ticles  V,  23 

Wood-yards,  keepers  to  furnish 

tickets  to  purchasers IV,  14 

Wrecks  of  boats,  duties  of  harbor- 
master concerning V,  5 


Be  it  ordained  by  the  Common  Council  of  the  City  of  St. 

Louis . 

A R T I c I.  p:  I . 

Harbor  Department  Established. 

umhor  .i.part-  SECTION  1.  Tlicrc  sliall  bc  a department  of  the  city  government 
styled  the  Harbor  Department,”  which  shall  embrace  the  harbor- 
master and  his  deputies,  the  lumber-measurers,  and  the  wood- 
master. 

ARTICLE  II. 

Ha  rbor- Master . 


Out  i(‘s  of  liiirijor 


Section  1.  The  duties  of  the  harbor-master  shall  be; 

E'lrsl — To  direct  the  landing  and  stationing  of  all  water-craft 


HARBOR  DEPARTMENT. 


y>i  h 


jirriviiig  at  any  point  on  the  river  bank  within  this  city,  and  the 
discharge  and  removal  of  their  cargoes,  so  as  to  prevent  inter- 
ference between  difterent  vessels  and  their  cargoes  ; to  superintend 
the  arrangement  of  merchandise  and  materials  for  repairs,  on  the 
river  bank,  so  that  the  same  shall  occupy  as  little  space  as 
possible ; to  see  that  all  combustible  materials  on  the  river  bank 
are  sufficiently  protected  from  fire ; to  keep  the  wharf  and  the 
river  along  the  shore  free  from  improper  obstructions ; to  keep 
in  repair  the  ringbolts  provided  for  fastening  vessels  ; to  regulate 
and  control,  by  proper  rules  to  be  established  and  published,  all 
vehicles  traversing  the  wharf,  and  to  remove  thence  such  as 
unnecessarily  obstruct  free  passage  upon  said  wharf  or  street ; 
and  generally  to  exercise  complete  supervision  and  control  over 
the  wharf,  river  bank,  landing,  and  Front  street,  and  over  the 
lumber- measurers  and  wood-master. 

Second — To  register  in  a suitable  book  the  date  of  the  arrival  Further  duties 

° of  harbor  mas- 

and  departure  of  every  water-craft,  except  wood  and  coal  boats,  ter. 
with  its  name  and  tonnage  by  custom-house  measurement,  the 
name  of  its  master,  and  the  place  whence  it  came  ; and  to  report 
the  same,  with  the  wharfage  collected  from  each,  to  the  city 
register,  under  oath,  on  the  last  Saturday  of  each  month ; and  to 
report  to  the  council,  on  the  first  day  of  each  stated  session 
thereof,  the  whole  amount  of  arrivals  during  the  preceding  six 
months,  the  description  and  tonnage  of  the  vessels,  and  the 
amount  of  wharfage  collected  therefrom. 

Third — On  Saturday  of  each  week  to  pay  to  the  city  treasurer  Further  duties 
all  moneys  collected  by  him  during  that  week;  and  on  the  first  ter. 

Monday  of  each  month  to  settle  with  the  city  auditor  for  all 
moneys  collected  by  him,  and  for  moneys  paid  out  by  him,  under 
authority  of  ordinance,  during  the  previous  month,  and  for  blank 
certificates  received  by  him  from  the  register  ; and. 

Fourth — To  keep  regular  accounts,  in  suitable  books,  of  all  Further  duties, 
moneys  received  by  him  and  expended  on  account  of  the  city, 

JY  paid  into  the  city  treasury. 

Sec.  2.  The  harbor-master  shall,  at  all  times,  and  forthwith,  to  cause  oh- 

1 • 1 • 1 1 <•  1 structions  to  be 

cause  to  r)e  removed  all  obstructions  which  may  be  round  at  any  removed  from 
landing  set  apart  at  the  wharf  for  ferry-boats,  packet-boats,  or 
scavenger- boats  ; and  whenever  any  such  obstruction  shall  be 
found  to  exist,  the  harbor-master  shall  at  once  notify  the  person 


376 


HARBOR  DEPART]\IENT. 


having  charge  or  control  of  such  obstruction  to  remove  the  same 
forthwith. 

or-  obstruction  be  not  forthwith  removed,  the 

obstru^ctS'^''^'  person  or  persons  who  caused  such  obstruction  to  be  placed  on 
the  wharf,  or  the  owner  or  person  having  control  of  the  same, 
shall  be  deemed  guilty  of  a breach  of  this  ordinance,  and  the 
harbor-master  shall  at  once  report  such  person  to  the  recorder  ; 
and  upon  such  report  the  recorder  shall  issue  his  summons  against 
the  party  so  reported,  returnable  forthwith,  and  shall  try  the 
complaint  forthwith. 

Penalty.  ggc.  4.  If  the  party  so  reported,  upon  trial,  be  found  to  be 

guilty,  he  shall  be  fined  in  a sum  not  less  than  ten  nor  more  than 
two  hundred  dollars ; and  the  party  so  reported  shall  be  liable  to 
the  penalties  of  this  ordinance  for  each  day  that  he  shall  permit 
such  obstruction  to  remain. 

To  provide  posts  gsc.  5.  The  hai’bor-master  shall,  under  the  direction  of  the 

and  ring-bolts  ^ 

mayor,  provide,  at  the  expense  of  the  city,  suitable  posts  and 
ringbolts  for  boats  and  rafts  to  make  fast  to,  and  keep  the  same 
in  repair,  and  charge  the  city  with  the  expense  thereof,  which 
shall  be  allowed  in  the  settlement  of  his  account. 

Sec.  6.  As  soon  as  the  wharf  shall  be  made  suitable  for  the 
landing  of  goods,  and  the  depth  of  water  will  justify,  north  of 
Cherry  street  and  south  of  Elm  street,  the  harbor-master  is  hereby 
further  directed  to  extend  the  steamboat  landing  north  and  south, 
so  as  to  give  all  the  room  required  by  the  boats  for  landing  and 
receiving  freight,  and  for  the  free  passage  of  drays  and  other 
vehicles  ; at  the  same  time  designating  the  line  of  boundary  for 
each  class,  as  is  provided  in  this  ordinance,  according  to  the 
wants  of  the  different  classes  at  the  time  of  such  extension. 

Water  craft  to  Sec.  7.  Hereafter,  all  keel-boats,  barges,  and  other  water- 

be  moored  as  di-  ' . ^ 

rected  by  harbor  craft.  Otherwise  than  steamboats  and  wood-boats,  shall  be  moored 

master.  ’ ’ 

at  such  points  or  places  at  the  public  wharf  or  landing  as  may 
be  designated  therefor,  for  the  time  being,  by  the  harbor- 
master; and  any  owner,  agent,  master,  or  other  person,  having 
in  charge  any  keel-boat,  barge,  or  other  water-craft,  coming 
within  the  purview  of  this  section,  who  shall  neglect  or  refuse  to 
conform  to  the  orders  and  regulations  of  the  harbor-master,  and 
moor  such  keel-boat,  barge,  or  other  craft,  at  the  point  or  places 
designated  by  the  harbor-master,  the  persons  so  neglecting  or 


When  to  extend 
wharf. 


IIARHOR  DEPARTMENT. 


377 


refusing  shall  be  deemed  guilty  of  a breach  of  this  ordinance, 
trnd  subject  to  a fine  of  not  less  than  fifty  dollars,  nor  exceeding 
the  sum  of  one  hundred  dollars,  to  be  sued  for  and  recovered  Penalty, 
before  the  recorder  as  in  other  cases  of  breach  of  the  city  ordi- 
nances. 

Sec.  8.  If  the  owner,  agent,  or  consignee  of  any  goods,  iiarbor  - master 
wares,  or  merchandise,  or  other  thing,  shall  suffer  the  same  to  leit  on  whan, 
remain  upon  the  wharf  or  public  landing  for  a longer  period 
than  is  allowed  by  the  ordinances  of  the  city  and  the  regulations 
of  the  harbor-master,  it  shall  be  the  duty  of  the  harbor-master 
forthwith  to  remove  such  goods,  wares,  or  merchandise,  or  other 
thing,  to  some  suitable  and  safe  place,  and  for  that  purpose  may 
employ  laborers,  drays,  and  teams;  and  the  expense  of  ®^^ch 
moving  shall  be  chargeable  against  the  party  suffering  such  thing 
or  things  so  to  remain  on  the  wharf  or  public  landing. 

Sec.  9.  Immediately  after  the  removal  of  any  such  goods,  cost  remaining 

, . • 1 1 • 1 (.  • unpaid,  goods  to 

wares,  merchandise,  or  other  thing,  as  provided  in  the  loregoing  be  sold, 
section,  it  shall  be  the  duty  of  the  harbor-master  to  make  out  an 
account  of  the  expense  of  such  removal,  and  demand  the  payment 
thereof  of  the  owner,  agent,  or  consignee  of  the  thing  or  things 
removed,  if  such  owner,  agent,  or  consignee  has  a known 
place  of  business  in  the  city ; if  not,  no  demand  shall  be  neces- 
sary. And  if  the  expenses  of  such  removal  are  not  paid  within  five 
days  after  such  demand,  in  cases  where  a demand  is  recpiired  to 
be  made,  or  within  ten  days  when  a demand  is  not  recpiired  to  be 
made,  in  either  case  it  shall  be  the  duty  of  the  harbor-master  to 
cause  the  goods,  wares,  merchandise,  or  thing  removed,  to  be 
sold  at  public  auction,  to  the  highest  bidder,  for  cash,  first  giving 
three  days’  notice  of  the  time  and  place  of  sale  by  publishing 
the  same  in  one  or  more  of  the  newspapers  employed  by  the  city  ; 
and,  after  deducting  from  the  proceeds  of  such  sale  the  exjienses 
of  such  removal  and  of  such  sale  (which  expenses  shall  be  ascer- 
tained by  the  comptroller  and  the  amount  thereof  approved  by 
him),  the  balance  shall  be  paid  to  the  city  treasurer,  and  credited 
by  him  to  the  wharf  fund,  and  he  shall  re})ort  the  amount  so  paid 
to  him  to  the  comptroller  and  city  auditor.  The  iirovisions  of  comptroller  to 

^ . , , direct  sale,  etc, 

this  section  shall  be  conducted  under  the  direction  of  the 
comptroller,  Avho  shall  have  the  whole  guidance  and  management 
thereof. 


378 


HARBOR  DEPARTMENT. 


Balance  nviy  be 
paid  to  owners, 
etc. 


If  proceeds  of 
sales  insulll- 
cient,  balance  to 
be  paid  out  of 
wharf  fund. 


Harbor  - master 
may  employ  spe- 
cial policeoien. 


Commission  and 

compensation 

of. 

Boats  and  rafts 
prohibited  from 
1 .ndiiig  in  front 
of  waterworks. 


Penalty. 


I. umber  measur- 
ers, how  li- 
censed. 


Sec.  10.  Wlieiiover  the  owner,  agent,  or  consignee  of  any 
goods,  wares,  merchandise,  or  other  thing,  sold  as  hereinbefore 
provided,  shall  make  satisfactory  proof  before  the  auditor,  by 
affidavit  or  deposition  in  writing,  that  such  owner,  agent,  or 
consignee  is  entitled  to  receive  the  balance  of  the  proceeds  of 
any  such  sale  so  paid  to  the  treasurer,  it  shall  be  the  duty  of  the 
auditor  to  draw  his  warrant  on  the  treasurer  for  such  balance, 
payable  out  of  the  wharf  fund,  and  take  a receipt  therefor. 

Sec.  11.  If,  upon  the  sale  of  any  goods,  wares,  merchandise, 
or  Other  thing,  so  removed,  the  proceeds  shall  not  be  sufficient  to 
defray  the  expense  of  such  removal  and  sale,  the  harbor-master 
shall  render  an  account  thereof,  verified  by  his  affidavit,  to  the 
city  auditor,  showing  the  gross  amount  of  such  sale  and  of  the 
deficit ; and  thereupon  the  auditor  shall  draw  his  warrant  in  favor 
of  the  harbor-master  upon  the  treasurer  for  the  amount  of  said 
deficit,  including  the  sum  of  three  dollars  as  compensation  to  the 
harbor-master,  payable  out  of  the  wharf  fund. 

Sec.  12.  The  harbor-master  shall  have  power,  with  the  con- 
sent and  approval  of  the  mayor  and  commissioners  of  police,  to 
employ  not  more  than  two  special  policemen,  for  the  purpose  of 
regulating  drays,  etc.,  and  assist  in  the  mooring  and  stationing 
of  boats,  and  other  matters  connected  with  his  duties.  The  said 
policemen  shall  have  the  same  power  to  make  arrests  as  other 
members  of  the  police  ; shall  be  commissioned  by  the  mayor,  and 
shall  receive  a compensation  of  fifty  dollars  per  month. 

Sec.  13.  The  harbor-master  shall  be  instructed  to  prevent  the 
landing  in  front  of  the  city  waterworks  buildings  of  any  steamboat, 
barge,  flatboat,  or  other  water-craft,  or  rafts  of  logs  or  lumber. 
And  any  owner  or  master,  officer,  agent,  or  servant  of  any  boat 
as  above,  Avho  shall  violate  the  provisions  of  this  section,  shall  be 
fined  for  the  first  offense  any  sum  not  less  than  twenty  dollars  nor 
more  than  fifty  dollars,  and  for  every  subsequent  offense  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars. 

ARTICLE  II  r. 

L u nihe  r- Me  as  u rc7's. 

Section  1.  The  register  is  hereby  authorized  and  directed  to 
issue  a license,  to  exercise  the  office  of  lum))er- measurer  for  the 
term  of  one  year,  to  any  person  avIio  shall  a})ply  for  the  same: 


HARBOR  DEPARTMENT. 


879 


Provided,  such  person  shall  pay  into  the  city  treasury  the  sum  of 
twenty  dollars  for  such  license,  and  shall  give  bond  to  the  city  in 
the  penal  sum  of  one  thousand  dollars,  with  one  or  more  securi- 
ties, to  be  approved  by  the  mayor,  conditioned  for  the  faithful 
performance  of  the  duties  of  said  office,  and  to  indemnify  all 
persons  against  any  fraud,  collusion,  or  error  on  his  part. 

Sec.  2.  No  person  shall  exercise  the  office  of  lumber-measurer, 
as  above,  unless  he  shall  have  taken  out  a license  as  hereinbefore 
provided,  under  a penalty  of  not  less  than  ten  nor  more  than  one 
hundred  dollars,  to  be  sued  for  and  recovered  before  the  recorder 
as  in  other  penalties. 

Sec.  8.  All  boards,  planks,  scantling,  joists,  and  square 
timber  of  every  kind,  brought  to  this  city  by  water,  if  measured 
on  the  wharf  or  landing,  shall  be  measured  by  the  lumber- 
measurer. 

Sec.  4.  The  lumber-measurer,  immediately  upon  any  tiling- 
being  landed  on  the  wharf  or  landing,  the  charges  upon  which  it 
is  made  his  duty  to  collect,  shall,  by  the  bill  of  lading  thereof, 
by  the  oath  of  a credible  person,  by  measurement,  inspection, 
counting,  or  otherwise,  as  he  may  see  fit,  ascertain  the  (luantity 
of  such  article  in  order  to  determine  the  amount  of  wharfage  to 
be  charged  thereon  : Provided,  that  all  lumber  brought  to  the  city 
by  steamboats  and  other  water  craft  that  pay  wharfage  for 
discharging  freight  on  the  wharf  or  landing,  owned  by  a lumber 
merchant  doing  business  within  the  city  and  paying  a license 
therefor,  is  hereby  permitted  to  be  landed  on  any  part  of  the 
wharf  or  landing  not  paved  with  stone  on  edge,  and  not  set  apart 
for  other  pur])oses,  unless  otherwise  directed  by  the  harbor-master, 
free  of  wharfage  : Provided,  aho,  the  same  is  removed  from  the 
wharf  Avithin  two  days  after  it  is  landed. 

Sec.  5.  All  articles  brought  to  this  city  by  Avater  and  landed 
on  the  wharf  or  landing,  and  which  are  placed  under  the  super- 
vision of  the  lumber-measurer,  shall  be  placed  Avhere  and  in  such 
manner  as  that  officer  may  direct. 

Sec.  G.  All  boards,  planks,  scantling,  joists,  ami  square  timber 
of  every  kind,  measured  by  a lumber-measurer  on  the  Avharf  or 
landing,  shall  be  placed,  assorted,  and  handled  for  measurement 
by  the  oAvner  thereof,  or  at  his  ex})ense,  by  persons  employed  by 
the  lumber- measurer  for  that  purpose. 


To  Kiv(*  bond. 


Penalty  for  act- 
ing without  li- 
cense. 


Timber,  etc., 
who  to  measure. 


To  as^'ortain 
iluanlity  of  arti- 
cles landed,  for 
wharfage. 


Certain  lumber 
to  land  free  of 
charge. 


Lumber  measur- 
er to  direct  land- 
ing of  articles. 


Timber,  etc.,  to 
be  handled  at  ex- 
pense of  owner. 


380 


HARBOR  DEPARTMENT. 


Maniipr  of  meas- 
uring timber, 
etc. 


C ^r title  ite  to  be 
given  by  lumber 
measurer. 

Classes  or 
boards  and 
planks. 

P’irst  class 


Common  class. 


Refuse  elass. 


Uneven  planks, 
etc  , how  meas- 
ured. 


Refuse  class, 
how  measured. 


Measurement, 
how  computed. 


Measu-ement  of 
solid  timbi^r, 
how  computed. 


Place  of  landing 
of  certain  tim- 
ber. 


Sec.  7.  All  boards,  planks,  scantling,  joists,  and  square  timber 
of  every  kind,  shall  be  assorted  into  lengths,  and  laid  in  separate 
and  distinct  piles  ; and  each  thickness  of  plank  and  dimension  of 
timber  thus  assorted  shall  be  measured  separately. 

Sec.  8.  The  lumber-measurer  shall,  upon  measuring  any  lum- 
ber, give  a certificate,  stating  the  quality  and  quantity  thereof. 

Sec.  9.  Boards  and  planks  shall  be  classed  as  first-rate,  com- 
mon, and  refuse. 

Sec.  10.  The  first-rate  shall  comprise  all  boards,  planks, 
joists  and  scantling  which  contain  no  knots,  which  are  square- 
edged,  of  equal  thickness,  in  all  respects  sound  and  free  from 
shakes,  and  which  shall  be  half  heart  on  the  sap  side. 

Sec.  11.  The  common  class  shall  comprise  all  boards,  planks, 
joists  and  scantling  that  are  sound,  free  from  shakes  and 
unsound  or  large  knots,  square- edged,  of  equal  thickness,  and 
which  are  one- fourth  heart  on  the  sap  side. 

■ Sec.  12.  The  refuse  class  shall  comprise  all  boards,  joists, 
scantling  or  plank  not  comprised  in  the  first  or  common  class. 

Sec.  13.  Should  the  planks,  joists,  scantling  or  boards,  com- 
prised in  the  first  and  common  classes,  be  of  unequal  width  at  the 
ends,  they  shall  be  measured  at  the  narrow  end  and  on  the  sap 
side  ; and  the  lumber-measurer  shall  make  such  allowances  as  are 
necessary  for  straightening  and  squaring  the  same. 

Sec.  14.  The  refuse  class  shall  be  measured  on  the  narrow 
side,  and  at  the  middle  or  average  width,  with  the  planks,  joists, 
or  scantling. 

Sec.  15.  The  measurement  of  all  boards,  planks,  scantling 
and  joists,  and  square  timber,  of  less  dimensions  than  one  foot 
scpiare,  shall  be  by  the  foot  of  one  hundred  and  forty-four  solid 
inches,  except  one-and-a-quarter-inch  plank,  which  shall  be  meas- 
ured as  inch  plank. 

Sec.  16.  The  measurement  of  all  timber  twelve  inches  sfpiare, 
or  of  that  dimension  which  shall  contain  one  hundred  and  forty- 
four  square  inches  on  the  end,  and  all  over  tliat  size,  shall  be 
computed  by  the  solid  foot  of  seventeen  hundred  and  twenty-eight 
solid  inches. 

Sec.  17.  The  wharf  lying  between  Morgan  and  Cherry  streets 
is  hereby  set  apart,  or  so  much  as  may  be  required,  for  the  land- 
ing of  lumber,  planks,  scantling,  laths,  logs,  shingles,  rails,  posts. 


HARBOR  DEPARTMENT. 


^81 


and  timber,  broiiglit  to  this  city  by  water,  under  the  direction 
of  the  lumber-measurer. 

ARTICLE  IV. 

Wood-Masttr. 


Section  1.  The  office  of  wood-master  is  hereby  created,  who  Wood  - master, 
shall  be  appointed  by  the  mayor,  by  and  with  the  consent  of  the  ‘•promted. 
board  of  common  council,  who  shall  hold  his  office  for  one  year. 

Sec.  2.  The  wood-master  shall,  before  being  commissioned,  to  give  bond, 
take  the  oath  and  give  the  bond  required  of  other  city  officers. 

Sec.  3.  Said  bond  shall  be  in  the  sum  of  two  thousand  dollars.  Amount ot  bond. 

Sec.  4.  It  shall  be  the  duty  of  the  wood-master  to  superintend  Duties  of  wood- 
arid  direct  the  landing  of  all  firewood  brought  to  the  city  by  water 
and  landed  on  the  wharf  or  landing,  and  to  cause  the  same  to  be 
piled  up  in  a close  and  compact  manner,  and  to  measure  the  same, 
and  to  collect  the  charges  authorized  to  be  collected  thereon  ; and 
to  exercise,  under  the  control  of  the  harbor-master,  a general 
supervision  over  the  wharf  in  relation  to  firewood  landed  thereon. 

And  any  person  who  shall  take  or  carry  away  anv  wood  from  the  Penalty  for  car- 

^ ^ ^ ryiiig  off  ineas- 

cords  when  measured,  except  the  purchaser  thereof,  shall  be  fined 
the  sum  of  twenty-five  dollars  for  each  and  every  offense. 

Sec.  5.  The  wood-master  shall  collect,  as  a wharfage  tax  on  all  wharfage  tax  on 
firewood  landed  or  placed  on  the  wharf,  [of]  ten  cents  a cord  for 
each  cord  when  landed,  with  the  permission  of  remaining  on  the 
wharf  a length  of  time  not  to  exceed  one  month  ; and  whenever 
the  same  shall  remain  a greater  length  of  time  than  one  month, 
it  shall  be  required  to  pay  ten  cents  a cord  every  thirty 
Provided , that  no  portion  of  the  paved  wharf  be  occupied  by 
wood,  under  any  circumstances,  except  from  the  first  of  Novem- 
ber to  the  first  of  March. 

Sec.  6.  A cord  of  wood  shall  be  computed  as  one  hundred  and  cordof  tirewood. 

. 11./  1 ^ computed. 

twenty-eight  cubic  feet,  and  all  firewood  shall  be  sold  by  the  cord 
or  fractional  part  of  a cord.  The  wood-master,  when  measuring 
wood,  shall  rate  the  length  of  the  wood  at  four  feet,  including 
one  half  of  the  kerf. 

Sec.  7.  The  wood-master  shall,  whenever  required  to  do  so  by  to  measure  nre- 

1 o ^ 1 1 wood  when  di- 

aiiy  vender  or  purchaser  or  hrewood,  measure  add  mark  on  any  rected. 
quantity  of  firewood  retjuired  ; and  shall  be  authorized  to  receive 


(lavs  wood  to  be 

placed  on  paved 
t,  when. 


382 


HARBOR  DEPARTMENT. 


Foe  for  measur- 
ing. 


Salary  of  wood- 
master. 


Penalty  for  vio- 
lating this  ordi- 
nance 


How  fliewood 
may  be  meas- 
ured. 


Logs  on  landing 
to  be  cut  and 
measured. 


Not  to  he  cut  on 
public  wharf. 
Penalty. 


Wood-master  to 
be  present  on 
wharf. 


Keepers  of  wood 
yards  to  deliver 
tickets 


Penalty  for  de- 
livering false 
tickets. 


Wood-boats  to 
have  name  on. 


for  every  such  measurement,  from  the  person  in  fault  or  in  error, 
a fee  of  five  cents  per  cord. 

Seo.  8.  The  wood-master  shall  receive  for  his  services,  in 
addition  to  the  fees  authorized  by  the  preceding  section,  a salary 
ot‘  one  thousand  and  twenty*  dollars  per  annum. 

Sec.  9.  Any  person  who  may  violate  any  provision  of  this 
ordinance  shall  forfeit  and  pay  a fine  of  not  less  than  fifty  nor 
more  than  two  hundred  dollars  for  each  offense,  to  be  collected  as 
other  fines  are. 

Se"’.  10.  Firewood  brought  to  this  city  by  water,  for  private 
use,  and  not  for  sale,  may,  at  the  option  of  the  owner,  be  meas- 
ured in  the  bulk  or  boat-load. 

Sec.  11.  Persons  bringing  logs  to  this  city  by  water,  or 
purchasing  the  same  after  they  are  brought,  and,  in  either  case, 
putting  the  same  on  the  wharf  or  landing  for  firewood,  whether 
for  sale  or  not,  shall  have  the  wood,  when  cut,  corded  and  meas- 
ured by  the  wood-master,  in  order  that  he  may  ascertain  the 
quantity  thereof. 

Sec.  12.  No  logs  shall  be  cut  up  into  firewood  on  the  public 
wharf  or  landing,  at  a penalty  of  ten  dollars  for  each  and  every 
offense. 

Sec.  13.  The  wood-master,  or  one  of  his  deputies,  shall  be  at 
all  times,  from  sunrise  until  dark,  upon  those  parts  of  the  wharf 
or  landing  where  firewood  is  directed  by  ordinance  to  be  landed 
and  sold. 

Sec.  11.  Every  person  keeping  a wood-yard,  and  selling  wood 
in  small  quantities,  shall  deliver  to  the  purchaser  thereof  a ticket 
setting  forth  the  quantity  so  sold,  in  cords  and  fractional  cords  : 
and  any  person  delivering  a less  quantity  than  set  forth  in  said 
ticket  shall  be  deemed  guilty  of  a misdemeanor,  and,  upon 
conviction  thereof,  shall  be  punished  by  a fine  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars,  to  be  recovered  as 
prescribed  by  the  ordinances  of  the  city. 

Sec.  lb.  All  wood-boats  and  craft  landing  freight  of  any  kind 
on  the  wharf  or  landing  in  this  city  shall  have  a name  painted  on 
some  conspicuous  part  of  such  boat  or  water-craft,  witli  letters  at 

*The  amount  of  salary  in  the  original  bill  is  six  hundred  dollars  ; it  wa.s 
raised  hy  ordinance  No.  .5351),  approved  duly  4,  18(54,  and  hy  ordinance 
No.  5430,  api)roved  September  0,  1804. 


HARBOR  DEPARTMENT. 


883 


least  six  indies  long,  and  placed  so  that  it  may  be  easily  read 
from  either  side  ; and  any  owner  or  master  of  a boat  or  other 
water-craft  who  is  guilty  of  landing  any  vessel  contrary  to  the 
provisions  of  this  section,  shall,  upon  conviction,  forfeit  not  less 
than  twenty- five  dollars. 

Sec.  16.  There  shall  be  no  wood  or  coal  landed  on  the  present 
paved  portion  of  the  wharf : Provided^  that-  coal  may  be  landed 
on  one-half  block  at  each  end  of  the  paved  levee,  and  the  harbor- 
master shall  collect  wharfage  of  all  boats  landing  coal  at  the 
same  rate  per  ton  as  wood-boats  pay  per  cord  for  landing  wood. 

ARTICLE  V. 

Rales  of  Charges^  and  General  Instructions. 

Se:^tion  1.  Steamboats  shall  have  preference,  in  landing  at  the 
wharf  or  landing,  over  other  vessels  and  over  rafts  ; but  no  vessel 
or  raft  shall,  while  discharging  or  receiving  cargo,  or  being 
broken  up,  be  compelled  to  leave  its  place  to  give  room  for  a 
steamboat. 

Sec.  2.  The  following  time  shall  be  allowed  to  boats  to  dis- 
charge and  take  in  cargo  at  the  wharf,  according  to  their  tonnage  : 
To  boats  of  sixty  tons  burden  or  less,  five  days  ; to  those  of  over 
sixty  and  not  exceeding  one  hundred  tons,  six  days  ; to  those  of 
one  hundred  and  not  exceeding  one  hundred  and  fifty  tons,  sevun 
days  ; to  those  of  one  hundred  and  fifty  and  not  exceeding  two 
hundred  tons,  eight  days ; to  those  of  two  hundred  and  tliree 
hundred  tons,  nine  dajs  ; and  those  of  three  hundred  tons  and 
upwards,  ten  days. 

Sec.  3.  The  harbor-master  may,  in  any  case,  for  good  cause 
shown,  extend  the  aforesaid  time  for  a period  not  exceeding 
three  days. 

Sec.  4.  The  harbor-master  shall  rcnpiire  any  boat  which  is 
leaking,  so  as  to  be  in  danger  of  sinking  in  the  liarbor,  to  be 
removed  therefrom  without  delay ; and  the  persons  in  charge  of 
said  boat,  upon  being  required,  shall  forthwitli  remove  the  same 
thence. 

Sec.  5.  If  any  boat  sink  in  the  harbor  of  St.  Louis,  the 
harbor- master  shall  forthwith  take  possession  of  the  wreck,  with 
the  view  of  its  immediate  removal.  If  the  owner,  or  any  respons- 


Penalty  for  neg- 
lect. 


Wood  or  coal  not 
to  be  landed  on 
paved  wharf,  ex 
cept. 


Wharfage  for 
coal  landed. 


Steamboats  to 
have  preference 
in  landing. 


Time  allowe<l 
steamboats  to 
discharge  and 
take  in  cargo. 


Harbor  - maste  r 
may  « .xtend 
time. 


Boat  leaking  to 
he  removed  from 
harbor. 


Wrecks,  how  re- 
moved from  har- 
bor. 


384 


HARBOR  DEPARTMENT. 


Cost  of  removal, 
liow  paid. 


Register  of  arti- 
cles brought  to 
city  to  be  kept 
and  reported. 


Settlements  to 
be  made  with 
auditor. 


ible  party  representing  the  owner  or  underwriters,  will  give  such  a 
bond,  with  security,  as  shall  be  satisfactory  to  the  harbor-master, 
binding  such  party  to  remove  the  wreck  in  such  reasonable  time 
as  the  harbor-master  shall  designate,  the  harbor-master  shall  in 
that  case  surrender  the  wreck  to  the  person  or  persons  claiming 
the  same.  But  if  no  such  bond  is  given,  the  harbor-master  shall 
proceed  forthwith  to  save  all  the  property  possible  from  said 
wreck,  and  cause  the  said  wreck  and  every  part  thereof  to  be 
removed,  with  the  least  possible  delay,  from  the  landing.  The 
property  saved,  including  the  furniture,  engine,  hull,  tackle,  and 
apparel  of  the  sunken  boat,  shall  be  sold  by  the  harbor- master 
at  public  auction ; and  the  proceeds,  after  deducting  reasonable 
salvage  on  merchandise,  and  the  cost  of  removal  of  said  wreck, 
if  there  should  be  any  balance  after  payment  of  charges,  shall 
be  paid  over  to  the  parties  respectively  entitled  to  receive  the 
same.  If,  however,  the  amount  saved  and  sold  is  not  sufficient 
to  pay  the  expenses  incurred,  the  residue  shall  be  paid  out  of  the 
city  treasury,  on  the  sworn  account  of  the  harbor-master,  and 
shall  be  charged  to  wharf.  The  expenses  shall  be  fairly  appor- 
tioned, charging  the  wreck  with  only  the  actual  amount  expended 
in  its  removal,  and  other  property  a reasonable  salvage;  and  no 
contract  for  the  removal  of  any  wreck  in  said  section  mentioned, 
nor  for  any  work  therewith  connected,  made  by  the  harbor-master, 
shall  be  good  and  valid,  or  binding  on  the  city,  unless  the  same 
has  been  first  approved  by  the  mayor. 

Sec.  6.  The  lumber-measurers  and  the  wood-master  shall, 
respectively,  keep,  in  suitable  books,  a register  of  all  articles 
brought  to  this  city  by  water  and  placed  under  their  respective 
supervision ; and  they  shall  report,  under  oath,  to  the  city 
register,  on  the  last  Saturday  of  each  month,  and  without  oath, 
to  the  council,  on  the  first  day  of  each  stated  session  thereof, 
the  aggregate  quantity  of  all  such  articles  so  brought  to  this  city 
during  the  previous  month,  or  six  months,  as  the  case  may  be. 

Sec.  7.  Said  officers  shall,  on  the  last  Saturday  of  each 
month,  pay  the  city  treasurer  all  wharfage  collected  by  them 
during  the  preceding  month,  and,  at  the  same  time,  settle  with 
the  city  auditor  for  the  same,  and  for  all  the  blank  certificates 
received  by  them  from  the  city  register. 

Sec.  8.  All  persons  are  reipiii’cd  to  comply,  in  all  particulars. 


HARBOR  DEPARTMENT. 


385 


tlic  directions  of  the  harbor-master,  the  lumber-measurers,  narbor  officers 

to  be  obeyed. 

and  the  wood-master,  in  relation  to  all  matters  herein  placed 
under  their  respective  supervision. 

Sec.  9.  Everything  landed  on  the  wharf  or  landing,  except  Articles  landed 
pig-lead,  pig-iron,  lumber,  scantling,  and  fire-wood,  shall  be  from  wharf,  in 
removed  therefrom  within  forty-eight  hours  after  being  landed, 
unless  the  same  shall  have  been  landed  for  the  purpose  of 
reshipment,  in  which  case  it  shall  be  removed  within  seventy- 
two  hours  after  being  landed:  Provided^  however^  that  the 
time  for  which  baled  hay  and  hemp  shall  be  permitted  to  remain 
on  the  wharf  shall  not  exceed  twenty- faur  hours  after  the  same  is 
landed,  anything  in  this  or  the  preceding  section  to  the  contrary 
n 0 1 w i ths  tan  ding. 

Sec.  10.  Pig-lead  and  pig-iron,  if  compactly  piled  up,  mav,  Pig  metai  may 

. , . . r.  1 \ 1 • 11  "I  remam  twenty 

witli  tlie  permission  or  the  harbor-master,  remain  on  the  wliarr  days, 
not  exceeding  twenty  days. 

Sec.  11.  Lumber,  scantling,  and  fire-wood  shall  be  removed ‘"ay  re- 
from  the  landing  within  six  days  after  being  landed. 

Sec.  12.  No  person  shall  deposit,  or  cause  to  be  deposited?  wharf  not  to  be 

. . ...  incumbered. 

upon  the  wharr,  any  nuisance,  incumbrance,  or  impediment,  or 
any  article  not  intended  for  shipment  or  for  delivery  in  the  city, 
or  shall  stop  any  drift-wood  in  the  Mississippi  river,  from  Bissell 
Ferry  street  north,  to  Lesperance  street  south. 


Sec.  13.  The  harbor-master  shall  collect  from  each  boat  Amount  of 

wharfage  to 

employed  in  trade,  except  fiat-boats,  keel-boats,  ferry,  wood,  and  i>e  paid, 
coal  boats,  which  shall  come  within  the  harbor  of  this  city  and 
land  at  the  wharf  or  landing,  or  be  made  fast  thereto,  or  to  any 
boat  thereto  fastened,  or  shall  receive  or  discharge  any  freight  or 
passengers  in  this  city,  seven  and  a half  cents  for  each  ton  of 
said  boat’s  burden,  by  custom-house  measurement: 
that  the  harbor-master  is  satisfied  the  enrollment  of  said  steam- 
boat  or  barge  is  correct;  and  if  not  so  satisfied,  he  is  hereby 
empowered  to  re-measure  said  steamboat  or  barge,  according  to 
the  rules  and  regulations  of  the  United  States,  and  to  collect 
wharfage  according  to  such  measurement ; and  any  person  or 
persons,  having  in  charge  any  such  steamboat  or  barge,  who  shall 
refuse  to  permit  said  harbor-master  to  measure  any  such  steam- 
boat or  barge,  shall  forfeit  and  pay  not  less  than  one  hundred  nor  fuTiug^p^ermit 
more  than  five  hundred  dollars  for  each  and  every  refusal.  remeasurement. 

25 


386 


HARBOR  DEPARTMENT. 


Wharfage  for 
flat  and  keel- 
boats. 


Certain  boats  to 
pay  no  wharf- 
age. 

When  to  be  re- 
moved. 


Tow-boats  re- 
sponsible for 
boats  towed  in- 
to harbor. 


Wharfage  to  be 
paid  for  remain- 
ing at  wharf 
longer  than  des- 
ignated. 


Wharfage  to  be 
collected  by  lum- 
ber-measurers. 


Sec.  14.  For  flat  and  keel  boats,  coming  into  the  harbor  as 
aforesaid,  said  officer  shall  collect,  for  the  first  day  they  shall  be 
therein,  one  dollar,  and  for  each  subsequent  day  fifty  cents. 

Sec.  15.  From  ferry,  wood,  and  coal  boats  no  wharfage  shall  be 
collected  ; but  all  wood-boats,  Avhether  loaded  or  empty,  shall,  after 
remaining  at  the  landing  for  the  space  of  seven  days,  be  removed, 
to  make  room  for  others,  under  order  of  the  wood-master. 

Sec.  16.  The  harbor-master  may  collect  the  wharfage  charge- 
able against  boats  towed  into  the  harbor,  from  the  tow-boat 
which  towed  them  in ; and  the  tow-boat  shall,  in  all  cases,  be  held 
responsible  for  the  wharfage  due  on  the  boats  which  it  shall  have 
towed  in  the  harbor ; and  tow-boats  shall  be  subject  to  all  the 
provisions  and  penalties,  prescribed  in  the  ordinances  regulating 
the  harbor  department,  which  would  apply  to  the  boats  which  tliey 
may  have  towed  into  the  harbor. 

Sec.  17.  From  every  boat  liable  to  the  payment  of  wharfage, 
the  harbor-master  shall  collect  two  cents  per  ton  for  each  day  it 
shall  remain  at  the  wharf  longer  than  the  time  herein  designated, 
unless  such  boat  be  laid  up  or  undergoing  repairs,  and  be  occu- 
pied [occupying]  the  place  assigned  to  it  by  the  harbor-master: 
Provided^  that  if  such  boat  do  not  remain  after  the  time  she  may 
legally  remain  more  than  five  days,  the  harbor-master  may,  in. 
stead  of  demanding  the  said  two  cents  por  ton,  receive  from  such 
boat  double  the  amount  of  wharfage  hereinbefore  prescribed. 

Sec.  18.  The  following  amounts  shall  be  collected  l)y  the 
lumber-measurers  for  the  wharfage  [s]  on  the  articles  designated, 
when  landed  on  the  wharf  or  landing,  or  on  any  vehicle  standing 
thereon,  to-wit:  On  boards,  planks,  scantling,  and  joists,  ten 
cents  per  thousand  feet,  board  measure ; on  timber,  more  tlian 
twelve  inches  square,  ten  cents  per  hundred  feet,  cubic  measure ; 
on  shingles  and  laths,  three  cents  per  thousand;  on  clapboards, 
staves,  Avagoners’  and  coopers’  stuff,  of  all  kinds,  ten  cents  per 
thousand;  on  cedar  and  other  posts,  not  more  than  eight  feet 
long,  twenty  cents  per  hundred ; more  than  eight  and  not  more 
than  twelve  feet  long,  thirty  cents  per  hundred ; more  than  tAvelve 
and  not  more  than  sixteen  feet  long,  fifty  cents  per  hundred ; over 
sixteen  feet  long,  in  the  same  proportion  as  the  last.  On  longs, 
[logs]  which  arc  not  on  the  landing  for  firewood,  fifty  cents  per 
hundred;  on  rails,  ten  cents  per  hundred. 


HARBOR  DEPARTMENT. 


J-587 

Sec.  19.  A luinber-mcasurer  shall  be  entitled  to  collect,  for  fpos  of  lumber 

measurer, H. 

his  own  use,  the  following  sums,  to-wit;  For  measuring,  inspect- 
ing, counting,  and  marking  boards,  planks,  scantling,  and  joist, 
if  in  one  class  altogether,  or  divided  into  two  classes,  ten  cents 
per  thousand  feet ; if  divided  into  three  classes,  fifteen  cents.  On 
timber  more  than  twelve  inches  square,  ten  cents  per  thousand 
feet;  on  shingles,  laths,  rails,  wagoners’  and  coopers’  stuff,  one 
cent  per  thousand ; on  posts  of  all  kinds  and  dimensions,  five 
cents  per  hundred. 

Sec.  20.  The  charges  collected  by  the  lumber-measurer,  under  Fees  to  be  in  nui 
the  preceding  section,  shall  be  in  full,  and  his  only  compensation 
for  the  performance  of  the  duties  of  his  office. 

Sec.  21.  Whenever  either  of  the  officers  of  this  department  Harbor  officers 
shall  collect  any  wharfage  as  aforesaid,  he  shall  deliver  to  the  for 
party  paying  the  same  a certificate,  received  from  the  register, 
stating  the  time  and  the  amount  of  the  payment,  and  the  thing 
for  which  the  payment  is  made. 

Sec.  22.  The  lumber-measurers  and  the  wood-master  shall,  at  Lnmber-measur- 
all  times,  keep  in  their  employment  a sufficient  number  of  depu-  master  to  keep 

^ . n 1 1 h deputies. 

ties  to  insure  proper  and  prompt  attention  to  all  the  duties 
enjoined  upon  them  in  their  respective  offices. 

Sec  23.  It  shall  not  be  lawful  for  the  lumber- measurers  or  Not  to  deal  in 
the  wood-master,  or  any  of  the  deputies  of  either,  directly  or  their  supervi- 
indirectly,  personally  or  by  another,  to  be  engaged  in  the  buying 
or  selling  of  any  of  the  articles  herein  placed  under  their 
respective  supervision. 

Sec.  24.  Whoever,  owning,  claiming,  or  having  charge  of  any  penalty loriaii- 

1 1 1 r.  , .1  ,^11  ingtopaycbarg- 

Doat,  lumber,  nrewood,  or  other  articles,  upon  which  charges  are  ps,  or  disobey- 

’ ^ ^ ” ing  harbor  offi- 

herein  imposed,  shall  neglect  or  refuse  to  jiay  any  such  charges 
on  demand  by  the  proper  officer,  and  whoever  shall  remove  any 
boat  or  other  thing,  upon  which  charges  are  imposed,  from  the 
wharf  or  landing,  without  first  having  paid  the  charges  thereon, 
or  shall  fail  to  obey  the  directions  of  either  of  the  officers  herein 
named,  or  of  any  of  their  deputies,  in  relation  to  any  matter 
placed  under  his  charge,  or  shall,  in  any  manner,  violate  or  fail 
to  comply  with  any  of  the  foregoing  provisions  of  this  ordinance, 
shall  forfeit  and  pay  not  less  than  five  nor  more  than  one  hundred 
dollars,  together  with  the  amount  of  wharfage  or  other  charges 
due  the  city. 


388 


HARBOR  DEPARTMENT. 


Cargo  not  to  be 
received  or  dis- 
charged on  Sun- 
day ; penalty. 


Landings  set 
apart  for  cobble- 
stone, sand  and 
gravel. 


Regulations  for 
landing  sand, 
etc. 


Penalty  for  re- 
moving paving- 
stone  from 
wharf. 


Jiunnaging,  how 
conducted. 


Amount  to  be 
paid  for  each 
skid. 


llarbor  - master 
to  regulate  de- 
posit of  skids. 


Sec.  25.  It  shall  not  be  lawful  to  receive  upon,  or  discharge 
from,  any  boat  in  the  harbor  of  this  city,  any  freight  or  cargo  on 
Sunday.  Whoever  shall  violate  this  section  shall  forfeit  and  pay 
not  less  than  two  hundred  dollars. 

Sec.  26.  The  harbor-master  is  hereby  instructed  to  set  apart 
landings  for  sand,  cobble-stone  and  gravel  — one  north  of 
Cherry  street,  the  other  south  of  Myrtle  street.  The  space  thus 
set  apart  shall  not  exceed  one  hundred  and  fifty  feet  in  length 
for  each  landing ; said  landings  to  be  on  the  paved  portion  of 
the  wharf. 

Sec.  27.  The  harbor-master  shall  charge  and  collect  wharfage 
from  the  owner  or  person  landing  barges  or  flat-boats  bringing 
the  sand,  cobble-stone,  or  gravel,  at  the  same  rate  charged  for 
the  same  description  of  boats  bringing  other  articles  to  the  public 
wharf ; and  shall  allow  the  owner  or  consignee  the  same  length 
of  time  for  the  removal  of  the  sand,  cobble-stone,  or  gravel,  as 
is  allowed  for  the  removal  of  other  articles  ; and  shall  have  the 
same  power  to  remove  sand,  cobble-stone,  or  gravel,  that  may  be 
left  remaining  after  the  time  allowed,  as  in  other  cases. 

Sec.  28.  Any  person  or  persons  who  shall,  without  the  per- 
mission or  authority  of  the  city  engineer,  remove  any  paving- 
stone  from  the  paved  portion  of  the  wharf,  for  the  purpose  of 
setting  a spar,  or  for  any  other  purpose,  shall  be  deemed  guilty 
of  a misdemeanor;  and,  on  conviction,  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  fifty  dollars. 

Sec.  29.  Any  person,  or  copartnership  of  persons,  may  carry 
on  the  dunnage  business  on  the  wharf,  subject  to  such  rules  on 
the  subject  as  the  chamber  of  commerce  may  adopt:  Provided^ 
that  such  person  or  persons  make  affidavit,  before  the  register,  of 
the  number  of  skids  kept  by  them  on  the  wharf,  and  shall  pay  for 
each  skid  so  kept  the  sum  of  six  cents,  which  money  shall  be 
placed  in  the  treasury  to  the  credit  of  the  wharf  fund. 

Sec.  30.  The  harbor-master  shall,  at  all  times,  have  control 
over  and  regulate  the  amount  of  space  occupied  for  depositing 
skids  and  other  apparatus. 


HARBOR  DEBARTiMENT. 


B89 


ARTICLE  VI. 


Wharf -boats. 


Section.  1.  The  harbor-master  is  instructed  to  make  the  fol-  Deductions  on 
lowing  deductions  from  the  regular  established  rates  of  wharfage 
on  all  steamboats  making  regular  trips  as  packets  between  the 
city  of  St.  Louis  and  in  the  vicinity  thereof  oftener  than  once  a 
week,  viz : On  every  boat  leaving  the  city  daily,  sixty-six  and 
two-thirds  per  centum ; on  those  boats  leaving  every  other  day, 
thirty- three  and  one- third  per  centum ; and  on  those  boats  twice 
a week,  twenty-five  per  centum,  except  as  hereinafter  provided. 

Sec.  2.  The  harbor-master  is  authorized  to  grant  the  privi-  Alton  packet 
lege  to  the  owners  of  the  Alton  packets  of  having  a wharf-boat  amJimT 
at  the  landing ; and  in  lieu  of  the  regular  rate  of  wharfage  fixed 
by  ordinance,  the  owners  of  any  such  boat,  designed  to  ply  as  a 
regular  packet  between  St.  Louis  and  Alton,  may  pay  to  the 
harbor-master  the  sum  of  twelve  hundred  and  fifty  dollars  in  full, 
of  six  months’  wharfage,  in  advance,  and  take  his  receipt  there- 
for ; and  on  the  production  of  such  recei])t  the  re<>’ister  shall  issue  license  to  be 
a license  to  the  party  to  run  one  steamboat  as  a regular  packet 
betAveen  this  city  and  Alton  for  the  period  of  six  months  from 
the  date  of  said  receipt,  any  ordinance  to  the  contrary  not- 
withstanding. ' 


Sec.  8.  The  boats  of  the  Keokuk  packet  company  shall  be  Keokuk  packets- 
charged  the  same  rate  of  wharfage  as  is  retpiired  of  steamboats 
making  regular  trips  as  packets  betAveen  the  city  of  St.  Louis 
and  in  the  vicinity  thereof,  as  specified  in  the  first  section  of 
this  article. 

Sec.  4.  The  harbor- master  be  and  is  liereby  instructed  to  set  niinois  river 

boats  ; landing 

apart  that  portion  of  the  levee  bounded  on  the  north  by  Spruce  of. 
street,  and  on  the  south  by  Pojtlar  street,  for  the  landing  of  all 
the  steam!)oats,  barges,  and  canal-boats  going  to  and  coming 
from  the  Illinois  river. 

Sec.  5.  Said  landing  so  set  apart  shall  be  knoAvn  as  the  Produce  to  be 
‘^Illinois  boats’  landing,”  and  all  produce  Itrought  on  said  boats 
shall  be  deposited  on  the  same ; and  the  harbor-master  is  specially 
charged  Avith  the  enforcement  of  this  ordinance  [section]. 

Sec.  6.  The  harbor-master  be  and  is  hereby  authorized  to 


390 


HARBOR  DEPARTMENT. 


New  Orleans 
railroad  pack- 
ets, wliarf-boat 
of. 


Northern  line  of 
packets,  wharf- 
boat  of 


Wharfage  tax 
on,  how  col- 
lected. 


Memphis  pack- 
ei.s,  wharf-boat 
of. 


Wharfage  for, 
how  collected. 


Present  wharf- 
boat,  not  to  be 
removed. 


Penalty  for  vio- 
lating this  ordi- 
nance, or  keep- 
ing articles  on 
boat  for  tran- 
shipment. 


assign  to  the  owners  of  the  St.  Louis  and  New  Orleans  railroad 
line  of  packets  a place  at  the  wharf,  near  the  foot  of  Market 
street,  for  the  purpose  of  mooring  a wharf-boat,  to  be  used  by 
them  exclusively  in  the  business  of  said  line : Provided^  it  does 
not  occupy  more  than  three  hundred  feet. 

Sec.  7.  The  agent  or  owners  of  the  Northern  line  of  packets 
trading  to  and  from  St.  Paul,  be,  and  they  are  hereby,  directed 
and  required  to  remove  their  wharf-boat  from  the  place  at  which 
it  is  at  present  moored ; and  they  are  hereby  authorized  to  place 
or  moor  at  the  landing,  between  Morgan  and  Green  streets,  under 
the  direction  of  the  harbor-master,  a wharf-boat,  not  to  exceed 
three  hundred  feet  in  length,  to  be  used  exclusively  in  the  business 
of  said  line.  The  said  wharf-boat,  when  so  placed  and  moored, 
shall  not  affect  in  anywise  whatsoever  the  wharfage  tax  or  dues 
on  any  boat  so  engaged  in  said  trade,  and  Northern  line  of 
packets  ; and  all  wharfage  shall  be  collected  from  each  and  every 
boat  landing  alongside  of  said  wharf'boat,  as  though  the  same 
was  not  there. 

Sec.  8.  The  agents  or  owners  of  the  Memphis  packets  trading 
to  and  from  Memphis,  be  and  they  are  hereby  directed  and 
required  to  establish  their  wharf -boat  at  the  landing  between 
Locust  and  Chesnut  streets,  under  the  direction  of  the  harbor- 
master. Said  wharf-boat  shall  not  exceed  three  hundred  feet 
in  length,  and  to  be  used  exclusively  for  said  line ; and  no  other 
boat  shall  be  allowed  to  use  said  wharf-boat  or  any  part  thereof. 

Sec.  9.  The  said  wharf-boat,  when  so  established,  shall  not 
affect  in  anywise  whatsoever  the  wharfage  tax  or  dues  on  any 
boat  so  engaged  in  said  trade,  and  Memphis  line  of  packets  ; and 
all  wharfage  shall  be  collected  from  each  and  every  boat  landing 
alongside  of  said  wharf-boat,  as  though  the  same  was  not  there. 

Sec.  10.  This  ordinance  shall  not  be  so  construed  as  to  allow 
the  removal  of  the  wharf-boat  now  owned  by  the  Memphis  and 
Northern  line  of  j)ackets. 

Sec.  11.  No  person  shall  ])e  permitted  to  act  as  agent  of  the 
owners  of  any  wharf-boat,  for  the  purpose  of  stowing  or  keeping 
any  article  on  board  said  boat  for  sale  or  transhipment,  under  a 
penalty  (to  be  sued  for  and  recovered  against  the  owners  of  said 
boat)  of  fifty  dollars  for  violating  any  of  the  provisions  of  this 
ordinance. 


HARBOR  DEPARTMENT. 


391 


Skc.  12.*  That  portion  of  the  wharf  commencing  at  a line  in 
continnation  of  the  southern  line  of  Market  street  east  to  the 
river,  and  thence  south  six  hundred  feet,  for  the  whole  width  of 
the  wharf,  excepting  seventy  feet  carriage-way,  east  of  the  curb- 
stone, of  blocks  numbers  six  and  seven,  is  hereby  designated  as 
the  wharf  of  the  Atlantic  and  Mississippi  steamship  company’s 
steamers  and  vessels,  and  the  mooring  .of  their  wharf-boats,  and 
for  loading  and  discharging  their  vessels  ; subject,  however,  to  the 
control  of  the  harbor-master,  the  same  as  other  portions  of  the 
wharf. 

Sec.  13.  No  freight  shall  be  stored  or  other  obstruction  placed 
on  the  carriage-way  designated  in  section  twelve  of  this  article. 

Sec.  14.  Said  Atlantic  and  Mississippi  steamship  company 
shall  have  liberty  to  erect  a shed,  not  exceeding  three  hundred 
feet  long  and  twenty  feet  high,  on  said  portion  of  the  wharf,  for 
the  protection  of  freight  from  rain ; but  such  shed  shall  rest  upon 
iron  pillars,  and  the  roof  of  the  same  be  fire-proof,  so  as  not  to 
endanger  adjacent  property. 

Sec.  15.  The  Atlantic  and  Mississippi  steamship  company 
shall  have  the  use  of  that  portion  of  the  wharf  designated  by  this 
ordinance  for  the  term  of  ten  years  from  the  passage  thereof, 
subject  to  the  payment  of  wharfage  as  regulated  by  the  ordinances 
of  the  city  ; and  said  company  shall  further  pay  an  annual  rent  of 
one  thousand  dollars  to  the  city  of  St.  Louis,  to  be  collected  and 
payable  to  the  comptroller,  and  placed  to  the  credit  of  the  wharf 
fund. 

Sec.  16.  f The  Memphis  and  St.  Louis  packet  company  is 
hereby  authorized,  at  its  own  cost  and  expense,  to  erect  a platform 
on  the  front  or  eastern  slope  of  the  levee,  between  Pine  and  Olive 
streets.  The  top  of  the  })latforni  shall  be  level  with  the  paving 
of  the  eastern  edge  of  the  western  plain  of  the  levee,  and  may 
extend  as  near  to  the  edge  of  the  water  as  shall  be  deemed  con- 
venient. The  platform  shall  have  a front  on  the  river  of  about 
one  hundred  and  twenty-five  feet,  with  wings  or  aprons  sloping 

* Sections  12,  13,  14,  and  15,  are  not  part  of  the  original  ordinance,  but 
form  S(;ctions  1,  2,  3,  and  4,  of  ordinance  No.  5503,  approved  P''ebriiary 
13,  1805. 

t Sections  16,  17,  and  18,  are  ordinance  No.  5502,  approved  March 
24,  1805. 


Atlantic  and 
Mississippi 
steamship  com- 
pany ; place  of 
landing  for. 


Carriage-way 
not  to  be  ob- 
structed. 

May  erect  a shed 
on  levee. 


To  have  landing 
for  ten  years. 


Annual  rent  to 
be  paid  for. 


Memphis  and  St. 
Louis  packet 
company,  au- 
thorized to  erect 
platform. 


392 


HARBOR  DEPARTMENT. 


Platform  to  be 
used  dS landing. 


May  be  removed, 
when. 


No  ferry  to  be 
kept  without  li- 
cense. 


Penalty. 


How  license  may 
be  obtained. 


Council  may  di- 
rect license  to 
issue. 


Register  to  is- 
sue license, 
when. 


north  and  south  to  meet  the  pavement  of  the  levee,  and  to  afford 
easy  access  in  all  directions  to  the  top  of  the  platform  ; the  aprons 
shall  have  an  extreme  length  of  about  eighty  feet.  The  front  of 
the  platform  shall  have  a curb  along  it,  to  prevent  vehicles  from 
backing  over  it;  and  the  front  shall  also  be  closed  in,  so  as  to 
prevent  any  thing  from  passing  under  it.  The  whole  structure 
shall  be  erected  according  to  a plan  which  shall  be  approved  of 
by  the  city  engineer,  and  according  to  his  directions ; and  the 
said  company  shall  at  all  times  keep  the  platform  clean  and  in 
complete  repair,  at  its  own  expense. 

Sec.  17.  The  said  company  shall  have  the  use  of  said  platform 
as  a landing,  in  the  same  manner  as  that  portion  of  the  levee 
which  is  set  apart  for  it  as  a landing,  and  subject  to  all  the 
regulations  governing  the  use  of  other  portions  of  the  levee. 

Sec.  18.  Should  the  mayor  and  engineer  at  any  time  deem  the 
platform  to  be  detrimental  to  the  public,  then  the  said  company 
shall  alter  or  remove  the  platform  as  the  mayor  and  engineer  may 
direct. 


ARTICLE  VII. 

Ferries. 

Section  1.  No  person  shall  keep  a ferry  within  the  limits  of 
this  city,  so  as  to  demand  and  receive  pay  for  transporting 
persons  or  property  across  the  Mississippi  river,  or  use  in  any 
way  the  wharf  or  shore  of  said  river  as  a ferry  landing,  witliout 
a license  therefor,  under  a penalty  of  twenty  dollars  for  each  day 
such  ferry  may  be  kept  Avithout  such  license. 

Sec.  2.  Whoever  shall  desire  to  keep  a ferry  Avithin  the  limits 
of  this  city  shall  petition  the  council  for  a license  therefor, 
setting  forth  in  the  petition  the  number  and  kind  of  boats 
intended  to  be  employed,  the  length  of  time  for  Avhich  license 
is  Avanted,  and  the  place  A\diere  such  ferry  is  designated  to  be  kept. 

Sec.  B.  The  council  may,  by  resolution,  direct  a license  to 
issue,  and  prescribe  the  sum  of  money  to  be  })aid  therefor  for 
each  six  months. 

Sec.  4.  The  city  register  shall,  upon  the  passage  of  such 
resolution,  and  the  applicant  for  license  giving  bond  to  the  city 
in  the  sum  of  five  hundred  dollars,  Avith  sufficient  securities. 


irAR]K)Jl  DEPARTMENT. 


conditioned  for  the  faithful  performance  of  all  duties  enioined  con^iition  of 

....  . ' . bond 

by  any  ordinance  of  this  city,  issue  a license  to  the  applicant 
for  the  period  of  six  months,  charging  therefor  the  sum  directed 
in  such  resolution. 


Sec.  5.  If  the  license  be  granted  by  the  council  for  a longer  when  license 
time  than  six  months,  the  register  may  renew  it  at  the  end  of  withoTit  appli- 
each  six  months,  during  the  time  specified  in  the  resolution, 
without  the  necessity  of  a new  petition. 

Sec.  6.  At  any  time  when  the  council  is  not  in  session,  the  when  mayor 
mayor  may  direct  ferry  licenses  to  be  issued,  to  continue  in  force  cense  to  issue, 
until  the  end  of  the  next  regular  session  of  the  council,  upon 
the  applicant  giving  bond  as  before  required. 

Sec.  7.  Every  keeper  of  a ferry  shall  keep  a good  and  Ferry  keeper  to 
sufficient  boat  or  boats  in  good  repair  and  well  manned,  and  lolts. 
give  ready  and  due  attendance  at  all  times  between  sunrise  and 
dark ; and  for  neglecting,  failing,  or  refusing  to  give  such 
attendance,  or  promptly  to  transport  persons  or  property  across 
the  river,  when  the  river  can  be  passed,  he  shall  forfeit  and  pay  Penalty  for  re- 

^ ^ fusing  to  cross 

a sum  not  less  than  five  nor  more  than  twenty  dollars : Fruvided.  passenger  or 

^ property. 

he  shall  not  be  obliged  to  transport  any  person  or  property  before 
payment  of  the  legal  ferriage  therefor  shall  have  been  niadje  or 
tendered. 


icense  to  be  re 
Yoked  for  refus- 
. rform 

duties. 


Sec.  8.  If  any  keeper  of  a ferry  fail  or  neglect  for  three 
consecutive  days,  or  for  six  several  days  within  any  period  of  six  in^lV^u- 
months,  to  perform  the  duties  herein  enjoined  on  him,  except 
when  prevented  by  the  elements,  or  other  uncontrollable  cause, 
calculated  to  render  ferry  navigation  dangerous  or  im|)racticable, 
his  license  may  be  revoked  by  the  mayor  oi‘  council ; and,  after  Penalty  tor 

, , ^ , . using  ferry , ‘if t( 

such  revocation  notified  to  him,  he  shall  not,  for  the  puriiose  of  levocation  ot 
transporting  persons  or  property  as  a ferry,  land  any  ferry-boat 
at  or  take  it  from  the  shore  of  the  river  within  this  city,  under 
penalty  of  not  less  than  tAventy  nor  more  than  one  hundred 
dollars. 


Sec.  9.  Any  person  in  ured  or  damaged  by  the  failure,  neglect.  Parties  damaged 

, (.  r.  1 e ' e 1 1 • ‘““y 

or  reiLisal  or  any  terry- keeper  to  perform  any  of  tiie  duties  bond, 
enjoined  by  this  ordinance,  may  sue  upon  his  bond,  given  as 
hereinbefore  retiuired. 

Sec.  10.  It  shall  be  the  duty  of  the  harbor-master  to  designate 


HARBOR  DEPARTMENT. 


:^94 


to'^dSnrtff'eV-  places  of  binding  of  the  different  ferries,  unless  the  same 
ry  landing.  shall  be  fixed  bj  ordinance. 

vontif^fronf”^^  fciTy-boat,  Oil  accoimt  of  the  low  stage  of 

puce"^  water  in  the  river,  or  other  natural  causes,  shall  he  at  any  time 

prevented  from  landing  at  the  point  designated  as  its  landing- 
place,  the  harbor-master  shall  designate  the  nearest  point  thereto 
at  which  such  boat  can,  without  obstruction,  land,  as  its  landing- 
place  for  the  time  being ; and  such  boat  shall  be  landed  at  the 


Harbor  - master 
to  designate 

for’iSdiilgr  place  SO  designated  until  a landing  can  be  effected  unobstructedly 


Ferry-boats, how 
to  run. 


Rates  of  fer- 
riage. 


at  its  regular  landing-place. 

Sec.  12.  Ferry-boats  shall  pursue  the  nearest  practicable  route 
or  course  across  the  Mississippi  river,  and  shall  not  remain  at  the 
landing  in  this  city  longer  than  ten  minutes,  unless  compelled  to 
do  so  in  order  to  discharge  and  take  in  passengers  and  cargo. 

Sec.  13.  Ferriage,  at  any  ferry  established  under  this  ordi- 
nance, shall  not  exceed  the  following  rates,  to-wit:  For  foot 
passengers,  five  cents,  except  drivers,  and  children  under  ten  years 
of  age  crossing  in  charge  of  an  adult,  who  shall  cross  free ; for 
a man  and  horse,  fifteen  cents  ; for  each  horse  not  ridden  or  in  a 
team,  and  for  stock  cattle,  ten  cents  per  head ; for  a one-horse 
vehicle,  twenty-five  cents ; for  a two-horse  vehicle,  thirty-five 
cents  ; for  a three-horse  vehicle,  fifty  cents ; for  a four  or  five 
horse  vehicle,  sixty-five  cents ; for  a six-horse  vehicle,  seventy- 
five  cents  ; for  an  eight-horse  vehicle,  eighty  cents.  For  market 
wagons  or  carts,  loaded  with  produce  or  manufactures  of  this 
State  or  of  the  State  of  Illinois,  and  returning  empty  within  ten 
days  after  crossing — each  one-horse  vehicle,  each  way,  fifteen 
cents  ; each  two  or  three  horse  vehicle,  each  way,  thirty  cents  ; 
each  four-horse  vehicle,  each  way,  thirty-five  cents ; each  five  or 
six  horse  vehicle,  each  way,  forty  cents  ; each  eight-horse  vehicle, 
each  way,  fifty  cents.  For  each  merchant’s  Avagon  and  cart, 
loaded  one  Avay,  and  recrossing  empty  within  ten  days,  and  for 
pleasure  carriages  crossing  and  recrossing  within  ten  days — each 
one-horse  vehicle,  each  Avay,  tAvcnty-five  cents  ; each  two-horse 
vehicle,  each  way,  thirty  cents  ; each  three-horse  vehicle,  each 
Avay,  forty  cents  ; each  four  or  five  horse  vehicle,  each  Avay,  fifty 
cents ; each  six-horse  vehicle,  each  Avay,  sixty  cents  ; each  ciglit- 
horse  vehicle,  each  Avay,  seventy  cents.  For  coal  Avagons  and 
carts,  crossing  loaded  and  returning  empty,  Avith  tAvo  horses, 


HARBOR  DEPARTMENT. 


twenty-five  cents;  Avitli  three  liorses,  thirty  cents;  with  four 
horses,  fifty  cents  ; with  more  than  four  horses,  whatever  may  be 
the  number,  sixty  cents  each  way.  For  the  following  articles,  not 
in  a vehicle,  the  following  rates : Each  barrel  or  sack  of  salt, 
barrel  of  pork,  beef,  flour,  cider,  or  fermented  li({uor,  and  for 
each  hundred  feet  of  lumber,  and  each  hundred  pounds  of 
merchandise,  five  cents  ; each  barrel  of  vinous  or  spirituous  licpior, 
and  each  barrel  or  keg  of  gunpowder,  ten  cents.  Each  passenger 
to  be  charged  separately,  except  when  in  a stage  or  pleasure 
carriage,  or  a mover’s  vehicle,  but  no  extra  charge  to  be  made 
for  the  load  of  any  vehicle ; teams  of  oxen  or  mules  to  be  charged 
the  same  as  teams  of  horses. 

Sec.  14.  Upon  every  ferry-boat,  licensed  as  aforesaid,  there  printed  cards  of 
shall  be  posted  up,  in  at  least  two  conspicuous  places,  printed  to  be  posted, 
copies  of  the  next  preceding  section ; and  any  ferry-keeper 
failing  to  keep  the  same  posted  up  shall  forfeit  and  pay  to  the 
city  a sum  not  exceeding  twenty  dollars  for  each  day  of  such 
failure. 

Sec.  15.  Upon  the  Wiggins  ferry  company  complying  with  License  to  be 

, . . e 1 • '•  1 • • 1 11  • issued  to  Wis- 

the  provisions  or  this  ordinance,  the  city  register  shall  issue  to  f-ons’ terry  com- 
the  said  company  a license  for  six  months,  to  commence  from 
the  date  of  the  expiration  of  their  last  license. 

Sec.  16.  Upon  the  expiration  of  everv  license  granted  to  said  License  may  be 

^ ^ . renewed. 

company,  the  same  may  be  renewed  upon  said  company  filing 
a new  bond  as  required  by  ordinance. 

Sec.  17.  Said  Wiggins  ferry  company  shall  pay  the  sum  of  Amount  ot  u- 
two  thousand  dollars  upon  every  license  so  granted. 

Sec.  18.  Upon  the  payment  of  two  hundred  dollars,  and  x.ieense  to  be 
complying  with  the  provisions  of  this  article,  on  the  part  of  smrcmuVtV^m'ry 
the  Madison  county  ferry  company,  the  register  shall  issue  a ■ 

license  to  said  ferry  company;  and  every  license  so  issued  shall 
be  for  the  period  of  six  months. 

Approved,  September  2,  1864, 


HEALTH  DEPARTMENT. 


( No.  5433.  ) 

HEALTH  DEPAETMENT. 

AN  ORDINANCE  TO  ESTABLISH  AND  REGULATE  THE  HEALTH 
DEPARTMENT, 


Ahatemmt  of  7iuisances ^ street  in- 
spectors to  attend  to  XI,  ^ 3,  8 
on  private  property,  provis- 
ions for I,  20,  21 

Abstract  of  deaths^  to  be  pnb- 

lished VI,  2,  4,  5 

iiow  classitied VI,  3,  5 

Accounts^  against  city  hospital, 
board  of  health  to  examine 

III,  1 

against  quarantine  hospital , 

how  settled IV,  4 

board  of  health  to  keep,  ot 

expenses  incurred I,  19 

street  inspectors  to  keep  of 

expenses  incurred XI,  4 

Admissions  to  city  hospital, 
boartl  of  health  to  regulate 

III,  1 

duty  of  clerk  of  board  of  health 

in I,  4 

permits  for,  how  granted I,  4 

Alleys^  street  inspectors  to  su- 
perintend cleaning  of. XI,  7 

Animal  substances^  not  to  be 
thrown  into  highways....VIII,  7 
Animals  y dead  [see  dead  anhnals). 
Ajpotheeary^  board  of  health  may 

appoint  for  hospital Ill,  4 

salary  of,  who  to  tix Ill,  4 

duties  of Ill,  4 

Ain'ests^  street  inspectors  may 

make,  when XI,  3 

Ashes^  not  to  be  thi‘Own  into 

highways VIII,  7 

Assistant  jdiysicmns  at  hospital, 

how  appointed Ill,  3 

duties  of Ill,  3 

to  receive  board  and  washiim 

HI,  5 

AssLstant  sexton^  when  to  be  em- 
ployed  V,  4 

compensation  of,  how  fixed,  V,  4 

Assistants^  board  of  health  may 

employ l.I,  7 

at  city  hospital,  how  to  be 

emidoyed Ill,  1 

Auditor,  to  draw  warrant  for  ex- 
penses  by  board  of  bealth...!,  18 
duty  of  in  relation  to  tax-bills 

for  abating  nuisances I,  20 

to  draw  warrant  for  compen- 
sation of  board  of  health... I,  23 


Auditor  to  draw  warrant  for 
expenses  of  city  hospital  III,  \ 1 
to  draw  warrant  for  expenses 

of  street  inspectors XI,  4 

Avenues^  street  inspectors  to  re- 
port nuisances  on XI,  3 

street  inspectors  to  superin- 
tend cleaning  of XI,  7 

Bills  of  mo7'tality , provisions 

concerning VI 

Blanks^  clerk  of  board  of  health 

to  furnish  to  sexton VI,  2,  6 

clerk  of  board  of  health  to 

furnish  to  physicians VI,  6 

Board  of  health,  provisions  con- 
cerning   I 

how  constituted I,  1 

when  elected I,  2 

when  to  meet I,  3 

absence  of  members  from,  how 

punished I,  3 

absence  of  members  from,  to 

vacate  seat,  when I,  3 

quorum  of I,  4 

president  of,  when  to  be 

elected I,  4 

clerk  of,  when  to  be  elected...!,  4 

proceedings  of,  by  whom  kept  I,  4 

orders  of,  how  issued I,  4 

powers  and  duties  of I,  6,  7, 

9,  12,  15,  17,  18,  19,  20.  24; 
III,  1,  3,  4,  6,  7,  8;  IV,  3, 

4,  0,  12;  V,  2,  3,  4;  X,  1, 

2;  XI,  1,  5. 

parties  failing  to  obey I,  17 

compensation  of I,  22 

orders  of,  health  officer  to  see 

obeyed II,  2 

health  officer  to  attend  meet- 
ings of II,  2 

street  inspectors  to  attend 

meetings  of XI,  3 

notices  and  precepts  of,  how 

served XT,  3 

street  inspectors  to  report  ex- 

j)enditures  to XI,  4 

street  inspectors  to  report  nni- 

sances  to XI,  5 

street  inspectoi-s  to  act  as  olli- 

cers  of,  wlnm XI,  8 

Boats,  health  officer  to  examine, 

when II,  2 


HEALTH  DEPARTMENT. 


Boats ^ (liiarniitine  pliysiciuii  to 

exiuiiine IV,  ^ 3 

certain,  to  touch  at  quaran- 
tine  IV,  5 

to  land  certain  i)ersons IV,  5 

evadino- quarantine,  penalty  LV,  7 

quarantine  i)liyfc!ician  may  ex- 
amine crew  of,  etc IV.  8 

^vhen  to  receive  permit  to  en- 
ter city IV,  9 

bringing  contao-ious  disease 

into  city IV,  11 

certain,  may  land  sick  persons 

at  Bloody  Island IV,  12 

to  give  notice  to  mayor,  etc. , 

when IV,  12 

to  be  removed  to  quarantine, 

when IV,  ]3 

expense  of  removing,  how 

paid IV,  13 

to  pay  certain  fees,  when... IV,  17 
Bond,  certain  parties  to  give  tor 

removing  carcasses... IX,  4 

])arties  to  give  on  bringiim 

paupers,  etc.,  to  city VII,  1 

Butchers,  how  to  keep  slaughter 

houses .VIII,  10 

Calaboose,  health  officer  to  visit 

sick  prisoners  at II,  2 

Carcasses,  provisions  concern- 
ing  IX. 

to  be  reported  to  clerk  of 


board  of  health IX,  1 

clerk  of  board  of  health  to 

keep  register  ot IX,  1 

may  be  reported  to  street  in- 
spectors  IX,  2 

report  of,  how  kept IX,  2 

by  whom  and  how  removed  IX,  3 
not  to  be  interfered  with,  ex- 
cept by  certain  parties IX,  5 

interfering  with  or  tlaying, 

penalty IX,  5 

( See  dead  animals. ) 

Carriages,  not  to  be  washed  in 

street,  etc VIII,  9 

Cellars,  street  inspectors  may 

enter VIl'l,  17 

Cemeteries,  provisions  concern- 

V. 

interments  in  portions  of  pro- 
hibited  V,  5 

new,  not  to  be  established  af- 
ter certain  time V,  7 

Cemetery,  Ht.  Louis,  duties  of 
olticers  sending  dead  bodies 

to I,  5 

located V,  1 

to  be  divided,  how V,  2 

sexton  of,  to  be  employed V,  3 

grounds  of  to  be  ke[)t  in  re- 
pair, how V,  3 

sexton  to  keei)  registiu-  of 
bodies  buried  in..... V,  3 


Cemetery,  S(‘xton  to  delivei'  cer- 
tain certilicates,  to  whom  V,  2 3 
City  hospital,  provision  s con- 
cerning  III. 

board  of  health  to  superin- 
tend  Ill,  1 

board  of  health  to  meet  at, 

when Ill,  1 

board  of  health  to  make  rules 

for  management  of. Ill,  1 

admissions  to , regulations 

concerning I,  4,  5 

record  ot  persons  dying  in, 

how  kept I,  5 

Cleaning  streets,  provisions  for  X. 

board  of  health  to  control X,  2 

how  done X,  2,  3,  4 

how  paid  for X,  2 

street  inspectors  to  superin- 
tend laborers  in X,  2 

Cleanliness  of  city,  powers  of 
board  of  health  to  promote  I,  6 
Clerk  board  health,  when  elected  I,  4 

qualifications  of. I,  4 

powers  and  duties  of.....I,  4,  5, 
23,  24;  II,  2;  VI,  1,  2,  6, 

7;  VII,  2;  VIII,  1. 
salary  of  for  conducting  dis- 

])ensary I,  24 

Collectors,  duties  of  in  collect- 
ing exiienses  of  abating  nui- 
sances  I,  20;  XI,  12 

Common  council,  board  of  health 

to  report  to I,  19;  III,  1 

Compensation  of  assistants  at  hos- 
pital, how  fixed Ill,  1 

of  board  of  health I,  22 

of  assistant  sexton,  how  fixed  V,  4 
Co'tnptr oiler,  to  approve  contracts 

for  removing  slops X,  1 

Coyisultmg  physicians,  board  of 

healtii  to  appoint Ill,  G 

duties  of. Ill,  G 

to  file  acceptance  of  appoint- 
ment  Ill,  G 

Contagious  diseases,  board  of 
liealth  to  provide  against  I,  G,  9 
persons  attacked  with,  to  be 

taken  to  hospital I,  9 

duties  of  boai'd  of  health  con- 
cerning  I,  9 

health  oflicer  to  report  to 

board  of  health II,  2 

Contracts,  for  removing  slops, 

l)rovisions  concerning X,  1 

Dead  animals,  not  to  be  depos- 
ited, where VIII,  15 

owners  of,  may  convert  to 

their  own  use IX,  7 

owners  of,  to  rei)ort  to  clerk 

of  board  of  health IX,  7 

owners  of,  failing  to  comply 

with  ordinance IX,  8 

{^See  carcasses) . 


HEALTH  DErARTMENT. 


Bits 


Deaths^  abstract  of,  to  be  pub- 
lished  VI,  ^ 2,  4,  5 

Diseased  persons,  to  ])e  landed  at 

ciuaraiitine IV,  5 

Diseases,  powers  of  board  of 

liealth  to  prevent I,  6 

Dispensari/,  board  of  lu*altli  to 

maintain I,  24 

clei-k  of  board  of  health  to 

conduct; I,  24 

Kmigrants , to  be  landed  at  quar- 
antine  IV,  5 

Engineer  (city),  to  furnish  infor- 
mation of  cemeteries V,  6 

street  insp<‘ctors  to  report  con- 
dition of  streets  to XI,  7 

Epidemic,  health  officer  to  re- 
port prevalence  of. 11,  2 

Excrements,  not  to  be  deposited 

on  public  grounds VIII,  15 

Expenses  incurred  by  board  of 

health,  how  paid I,  18 

for  abating  nuisances,  to  be 

special  tax I,  20 

for  abating  nuisances,  how 

collected I,  20,  21 

at  quarantine,  c*ertain,  how 

paid IV,  14 

Fees,  for  issuing  permits  at  quar- 
antine  IV,  17 

Feger,  Albert,  to  remove  car- 
casses out  of  city„ IX,  3 

to  give  bond IX,  4 

failing  to  remove  carcasses  as 

contracted ..IX'  6 

Filth,  not  to  be  conducted  into 

highway VIII,  8 

from  privies,  not  to  be  depos- 
ited ill  city VIII,  15 

Foul  or  nauseous  luiuor,  not  to  be 

discharged  into  street. ..VIII,  12 
Futterkneckt , GottUeh,  to  remove 

carcasses  from  city.., IX,  3 

to  give  bond IX,  4 

failing  to  remove  carcasses,  IX,  6 

Goats,  running  at  large,  de- 
clared nuisances VIII,  24 

penalty  for  keeping VIII,  24 

Graves  in  St.  Louis  cemetery, 

how  deep  to  be .,.,'.,V,  3 

Green  hides  ^ not  to  be  kept  in 

city  at  certjiin  times VIII,  ](> 

Hay,  not  to  be  thrown  into  high- 
way  VIII,  7 

Health  of  city,  board  of  health 

to  provide  for I,  G 

Health  officer,  provisions  con- 
cerning   II. 

term  of  office  of. II,  1 

duties  and  powers  of. TI,  2; 

IV,  12-,  VII,  2;  XI,  5. 
to  b(*  member  of  board  of 
health I,  1 


Health  officer,  to  register  per- 
sons dying  in  hospital...!,  \ 5 
to  give  description  of  bodies 

sent  to  cemetery I,  5 

niaj^  permit  notice  of  small- 

pox  to  be  discontinued I,  10 

office  of,  established II,  1 

to  send  certain  boats  to  quar- 
antine  IV,  12 

to  report  persons  bringing 
paupers  and  insane  to  eity 

VII,  2 

Hides,  greeii,  not  to  be  kept  in 

city  at  certain  times VIII,  16 

Dogs,  hot  to  be  kept  confined  in 

city VIII,  14 

running  at  lai-ge  declared  nui- 
sances  VIII,  18 

to  be  taken  up  and  impounded 

VIII,  19 

taken  up,  to  be  sold VIII,  20 

proceeds  of  sale  of,  how  dis- 
posed of. VIII,  20 

expense  of  taking  up,  not  to 

exceed  what  sum ....VIII,  22 

not  to  be  kept  in  city VIII,  23 

Horse^s,  not  to  be  washed  in 

street,  etc VIII,  9 

Hospital  {see  city  hospital). 

Hospitals,  temporary,  board  of 

health  may  establi.sli I,  7 

House  ofial,  how  to  be  disposed 

of : VIII,  6 

House  of  refuge,  health  officer  to 

visit  sick  prisoners  in II,  2 

Idiots,  notice  of  to  be.  given  to 

mayor  or  recorder VII,  4 

Indigent  persons , to  receive  medi- 
cines and  advice,  vvhere I,  24 

Infectious  diseases,  power  of 
board  of  health  against...!,  G,  9 
health  officer  to  report  preva- 
lence of. II,  2 

Insane  persons,  provisions  con- 
cerning  VII. 

bringing  into  city VII.  1 

expense  of  removing  from 

city,  how  paid VII.  1 

notice  of,  to  be  given  to  mayor, 

etc '..VII,  4 

how  dealt  with  if  furious. ..VII,  5 
Interments,  in  St.  Louis  ceme- 
tery, provisions  coucerningV,  3 
sexton  to  keep  register  of......V,  3 

bodies  to  b<‘  (l(‘scribed  on I,  5 

in  c(‘meteri(;s,  when  ])rohibit- 

ed V , 5 

Lanes,  street  insjxHdors  to  n*- 

port  nuisances  on XI,  3 

Lectures  at  hospital,  not  to  b(‘ 
held  in  presence  of  patients 

III,  7 

Livery  stables,  how  to  b(!  kept  VIII,  9 


HEALTH  HEl^ARTMENT. 


Lunatic^  notico  of  to  be  o-ivi'ii  to 

nuiyor,  etc Vll,  ^ 4 

Mad  persons,  liow  dealt  with.. V 11 , 5 
Malignant  diseases,  board  of 

health  to  provide  a^aiiiyt I,  G 

Market  places^  street  inspectors 

to  report  nuisances  on XI, 

street  inspectors  to  superin- 
tend cleaninii:  of. XI,  7 

street  inspectors  to  report  cer- 
tain olfenses  on XI,  12 

depositing-  tilth,  etc. , in,  pen- 
alty  XI,  12 

Marshal  (city),  to  arrest  persons 

violating  (piarantine IV,  11 

to  arrest  pei-sons  bringing 
paupers  or  insane  to  city  VII,  3 
to  notify  mayor,  etc.,  of  in- 
sane persons VII,  4 

to  take  up  hogs  running  at 

large VIII,  19 

duties  of.  in  selling  hogs  VIII,  20 

may  employ  assistants  to  take 

up  hogs VIII,  21 

Mayor,  quarantine  physician  to 
notify,  of  evasion*  of  quar- 

antiife IV,  8 

may  withhold  permission  to 

leave  quarantine IV,  9 

may  send  (certain  parties  to 

quarantine IV,  12 

to  take  charge  of  certain  boats 

IV,  13 

to  send  proclamation  to  cer- 
tain cities IV,  15 

to  notity  county  court  of  in- 
sane i)ersons VII.  4 

to  notify  i)arties  to  construct 

privies,  when VIII,  2 

to  dir(*ct  emptying  of  \)rivies. 

when *. VIII,  3 

to  approve  regulations  for  re- 
moving slops X,  1 

to  control  cleaning  of  stre(‘ts  X,  3 
to  ai)prov(;  employment  of 
hands  by  street  insp(;ctors  XI , 7 
Medicines,  clerk  of  board  of 
health  to  comi)ound  for  in- 

dig(Mit  i)ati(‘nts I,  24 

ex]K‘nse  of,  how  jiaid I,  24 

Mortality  reports,  clei'k  of  board 

of  luialth  to  publish VI,  2 

New  cemeteries , not  to  be  estab- 
lished, wh(‘r(^ V,  7 

Naisances.  provisions  c,onc(‘rn- 

ing VIII. 

l)ow(‘r  of  board  of  health  to 

abate I,  0 

expenses  in  abating,  how  paid 

I,  20.,  21 

health  otlicer  to  report  to 

hoard  ot  health.... II,  2 

street  inspectors  to ‘remove  XI,  3 


Nuisances,  street  inspeetoi’s  to 
notify  owners  of  pnunises 

of  ...*. XI,  ^ 3,  5 

failing  to  obey  street  inspect- 
oi  s’ notice*  to  remove. ..XI , 8,  9 
to  be  removed  at  cost  of  own- 
ers of  premises,  when XI,  10 

expense  of  removing,  how 

paid  and  collected XI,  10.  11 

Oaths,  quarantine  ])hysician  may 

adndnister,  when IV,  8 

Ojfal,  how  to  be  disposed  of  VIII,  G 
Orelers  of  board  of  health,  clerk 

to  issue I,  4 

health  otlicer  to  see  obeyed... II,  2 
Overseers,  suit  to  be  brought 
against  for  certain  viola- 
tions  VI,  1 

Patients,  treated  hy  clerk  of 
board  of  health,  to  be  re- 
ported  I,  24 

at  city  hospital,  to  be  visited, 

when Ill,  5 

resident  jiliysician  and  board 
of  health  may  discharge. ..Ill,  5 
at  quarantine,  to  be  visited, 

when IV,  3 

Paupers,  provisions  concerning 

VII. 

bringing  into  city VII,  1 

expense  of  removing  from 

city,  wdio  to  ])ay VII,  1 

Pewa/fie.s  tor  certain  olfenses,  I,  8, 
10,  11,  IG,  17;  IV,  7,  10,  11, 
IG;  V,  8;  VI,  4,  7;  VII,  1; 
VIII,  23,  24;  IX,  3,  5,  8. 
Physician,  (piarantine  {see  quar- 
antine physician) . 
resid(‘nt  at  city  hospital  ( see 
resident  physician) . 

Physicians,  to  I'epoi't  cas(*s  of 
small-i)ox  to  health  otlicer,  I,  8 
suit  to  be  brought  against  for 

certain  violations VI,  1 

duties  of  concerning  certiti- 

cates  of  death VI,  5 

violating  certain  provisions,  VI,  7 

consulting  {see  consulting  phy- 
sicians) . 

Police,  to  r(“i)oi’t  bringing  of  pau- 

l)ers  and  insane  lO  city VI 1,  2 

to  notify  mayor,  (‘tc.,  of  in- 


sane p(‘i-sons  found VII,  4 

President  of  board  of  health, 
wh(“n  eh'cted I,  4 


Privies,  pi-ovisions  com.'crning 

VIII,  1,  2,  3,  4,  5 
engineer  to  construct,  when 

VIII,  2 

(;ost  of  constructing  by  city, 

how  jiaid .*.... VIII,  2 

when  and  how  to  be  emptied 

VllI,  3,  4,  5 
street  inspectors  ma}'^  enter,  XI , 5 


400 


HEALTH  DEPARTMENT. 


Privies^  ])oai‘cl  of  bCcalth  and 
health  olilcer  may  grant 
permits  to  clean.  g 5 

Proceedings  of  board  of  health, 

who  to  keep I,  4 

Public  schools,  certificate  of  vac- 
cination necessary  for  ad- 
mission to ! I,  IG 

Public  squares,  street  inspectors 

to  report  nuisances  on XI,  3 

sti*eet  inspectors  to  superin- 
tend cleaning  of XI,  7 

(Quarantine,  provisions  concern- 
ing   IV. 

grounds  of,  designated IV,  1 

hospital  established  at IV,  1 

certain  boats  to  touch  at IV,  5 

persons  to  be  landed  at IV,  5 

boats  to  be  detained  at IV,  G 

boats  evading,  penalty IV,  7 

when  persons  to  be  discharged 

from IV,  9 

leaving,  without  certificate,  IV,  10 

violating  rules  of IV,  IG 

(Quarantine  hospital,  how  to  be 

conducted IV,  4 

to  be  under  control  of  board 

of  health IV,  4 

(Quarantine  physician,  how  ap- 
pointed   IV,  2 

term  of  office  of. IV,  2 

qualification  of. IV,  2 

to  reside  at  quarantine IV,  2 

to  receive  boarding  and  wash- 
ing  IV,  2 

duties  of IV,  2,  3,  4.  5, 

G,  7,  8,  17 

to  be  governed  by  rules  for 

city  hospital IV,  3 

(Quarantine  regulations , aiding 
master  of  boat  to  violate,  IV,  13 

when  to  be  in  force IV,  15,  18 

Record  of  persons  dying  in  hos- 
pital, how  kept I,  5 

Recoi'der,  to  notify  county  court 

of  insane  persons VII,  4 

Register  (city),  sexton  of  St. 
Louis  cemetery  to  settle 

with V,  3 

to  notify  county  court  of  in- 
sane p(TSons VII,  4 

Removing  slops,  provisions  for,  X. 
board  of  health  to  pi-ovide  for,  X,  1 

contracts  for,  how  made X,  1 

Rejiort  of  clerk  of  board  of  health 

what  to  contain 1,  24 

Resident  physician  at  city  hospi- 
tal, liow  appointed Ill,  2 

qualification  of. Ill,  2 

term  of  office  of. Ill,  2 

to  ai)i)oint  assistants Ill,  3 

to  live  at  hosi)ital Ill,  5 

duties  and  powers  of. Ill,  5 


Resident  physician  at  city  hospi- 
tal to  receive  boarding  and 

washing Ill,  I 5 

Salary  of  apothecary  at  city  hos- 
pital , how  fixed Ill,  4 

of  clerk  of  boai-d  of  health, 
for  conducting  dispensary,  I,  24 
Salubrity  of  city,  board  of  health 

to  promote I,  6 

Sanitary  condition  of  city,  health 

officer  to  supervise II,  2 

Servants,  board  of  health  may 

employ I,  7 

Sexton  of  St.  Louis  cemetery, 

to  be  employed,  how ...V,  3 

duties  of. V,  3 

assistant  mn,y  be  employ ed...V,  4 
Sextons,  suit  to  be  brought 
against  for  certain  viola-  * 

tions VI,  1 

clerk  of  board  of  health  to  fur- 
nish blanks  to VI,  2 

when  to  repoit  absti*act  of 

deaths VI,  4 

failing  to  report,  penalt}' VI,  4 

Sick  persons,  to  be  landed  at 

quarantine IV,  5 

Slaughter-houses,  how  to  be  kept 

VIII,  10,  11 

duties  of  street  inspectors  con- 
cerning  XI,  6 

Slops,  removing  {see  removing 
slops') . 

Small-pox,  physicians  to  report 

cases  of,  to  health  officer I,  8 

powers  of  board  of  health 

concerning I,  G,  9,  10 

pei’sons  having,  to  be  confined 

I,  10 

notice  of,  how  to  be  given 

Avhere  it  exists I,  10 

failing  to  give  notice  of,  pen- 
alty  1,  10 

parties  having,  going  abroad, 

penalty I,  11 

health  officer  to  visit  patients 

having II,  2 

Small-pox  hospital,  duty  of  offi- 
cers I'emoving  patients  to. ..I,  5 
record  of  persons  dying  in. 

how  kept 1,  5 

board  of  health  to  establish 

rules  for I,  G 

health  officer  to  superintend  II,  2 

Soot,  not  to  be  thrown  into 

highways VIII,  7 

Stables,  hovv  to  be  kept VIII,  9 

Stale  fat  or  grease,  not  to  be 

kept VIII,  13 

Steamboats  ( see  boats  ) . 

Steward  of  quarantine,  quaran- 
antine  physician  to  do  dutv 
of. : IV,  2 


HEALTH  HEPARTlMENT. 


401 


Stinldnq  fat  oi*  ^reaso,  not  to  be 

kept VIII,  I 13 

Straw,  not  to  be  thrown  into 

bio-hway VIII,  7 

Street  impcct or s,  provisions  eon- 

eerning’ XI. 

may  enter  cellars  and  other 

places VllI,  17 

duties  of,  concerning  nui- 
sances  ...VIII;  17 

to  report  carcasses  to  clerk  of 

board  of  health IX,  1 

failing  to  report  carcasses, 

penalty IX,  5 

to  oversee  cleaning  of  streets  X,  2 
districts  of,  how  ’determined 

XI,  1 

how  appointed XI,  1 

term  of  office  of. XI,  1 

qualitications  of. XI,  1,  2 

powers  and  duties  of. XI,  3, 

4,  5,  7,  8,  9,  10,  12. 
Streets,  cleaning  {see  cleaning 
streets) . 

street  inspectors  to  examine 

condition  of. XI,  3 

to  report  condition  of  to  engi- 
neer  XI,  7 

to  supervise  cleaning  of. XI,  7 

Students  of  medicine,  may  be  ad- 
mitted to  hospital Ill,  7 


Students,  board  of  health  may 
suspend  privilege  of... ..Ill,  ^ 8 
Suit,  board  of  health  may  order 
to  be  brought  for  tax-bills  I,  21 
Temfwrary  hospitals , bo  a r d o f 

health  may  establish I,  7 

Unclean  persons , to  be  landed  at 

quarantine IV,  5 

Unclean  water,  not  to  be  con- 
ducted into  high waj^s... VIII,  8 
Unsalted  hides,  not  to  be  kept, 

when VIII,  16 

Vaccination,  board  of  health  to 

provide  for I,  12,  13 

fees  for,  how  paid I,  14 

physicians  to  keep  record  of  I,  15 

to  report  on,  to  whom I,  15 

certiticate  of,  necessary  for  ad- 
mission to  schools I,  16 

health  officer  to  see  to II,  2 

Vaccine  matter,  health  officer  to 

keep II,  2 

Varioloids,  parties  having,  go- 
ing abroad,  penalty I,  11 

Vegetable  substances,  not  to  be 
thrown  into highways....VIII,  7 
Vessels  {see  boats ). 

Water,  not  to  be  conducted  into 

highways VIII,  8 

Work-house,  health-officer  to 
treat  sick  prisoners  in II,  2 


Be  it  ordained  by  the  Common  Council  of  the  City  of 
St.  Louis : 


ARTICLE  I. 

Board  of  Health. 


Section!.  There  shall  he  constituted  a Board  of  Health,  to  Board  of  health, 
consist  of  five  members,  who  shall  he  elected  hy  the  common 
council,  and  hold  their  office  respectively  for  the  term  of  one 
year,  said  members  to  he  elected  from  the  members  of  the  common 
council.  The  health  officer  shall  he,  ex  officio^  a member  of  said 
hoard,  hut  shall  receive  no  additional  compensation  for  his  serv- 
ices as  such  member. 

Sec.  2.  The  councilmen  to  serve  as  members  of  said  hoard  when  elected, 
shall  he  elected  hy  ballot  at  the  first  stated  or  called  session  of 
the  common  council  of  each  year. 

Sec.  8.  The  hoard  of  health  shall  meet  on  the  first  Monday  in  when  to  meet, 
each  month,  and  at  least  once  a week  between  the  first  day  of 
May  and  November  ; and  any  member  absenting  himself  from  Penalty  for  ah- 
any  metding  shall  forfeit  and  pay  to  this  city  two  dollars,  unless  “leetings. 

26 


402 


HEALTH  DEPARTMENT. 


Quorum  of 
board. 


President  to  be 
elected. 


Clerk  to  be 
elected. 


Qualifications 
and  duties  of. 


Description  to 
be  furnished  of 
persons  sent  to 
hospital. 


Description  of 
persons  dying  to 
be  recorded. 


Description  of 
persons  interred 
to  be  given. 


Powers  and  du- 
ties of  board  of 
health. 


the  same  should  be  remitted  by  said  board  for  good  cause  shown  ; 
and  any  member  absenting  himself  for  a longer  period  than  four 
w^eeks  shall  thereby  vacate  his  seat. 

Sec.  4.  A majority  of  the  members  of  said  board,  exclusive  of 
the  health  officer,  shall  constitute  a quorum  at  any  meeting  of  the 
board.  At  the  first  meeting  of  the  board  of  health  in  each  year, 
said  board  shall  elect,  by  ballot,  a president ; and,  as  soon  there- 
after as  practicable,  some  fit  and  competent  person,  who  shall  be 
a regular  graduated  physician  of  some  medical  school  in  good 
standing,  shall  be  chosen  clerk  thereof,  [avIio  shall]*  attend  the 
meetings  of  said  board,  record  its  proceedings  in  suitable  books, 
issue  its  orders,  examine  all  applicants  for  admission  into  the 
hospital,  and  grant  permits  to  such  as  are  entitled  to  admission  ; 
and  do  and  perform  all  such  other  duties  as  may  be  required  of 
him  by  said  board. 

Sec.  5.  The  clerk  of  the  board  of  health  shall,  whenever  any 
sick  person  is  sent  to  the  city  hospital  or  small-pox  hospital, 
furnish  to  the  keeper  of  each  of  the  same  the  name  in  full  of  the 
diseased,  the  place  of  nativity,  age,  and  place  where  taken  sick  ; 
and  it  shall  be  the  duty  of  the  physician  of  the  city  hospital  and 
health  officer  to  keep  a full  record  of  the  name,  date  of  death, 
name  of  disease,  age,  and  place  of  nativity  of  all  persons  who 
shall  die  in  the  same  ; and  it  shall  be  the  duty  of  each  of  the 
above-named  officers,  and  all  other  persons  who  shall  send  any 
dead  bodies  to  the  St.  Louis  cemetery  for  interment,  to  furnish 
the  city  with  a ticket,  giving,  as  far  as  practicable,  the  date  of 
death,  name  of  deceased,  place  of  nativity,  location  where  death 
occurred,  name  of  disease,  male  or  female. 

Sec.  6.  Said  board  shall  exercise  a general  supervision  over 
the  health  of  the  city,  with  full  power  to  take  all  steps  and  use 
all  measures  necessary  to  promote  the  cleanliness  and  salubrity 
thereof  ; to  abate  nuisances  of  every  description  on  public  or 
private  property ; to  prevent  the  introduction  into  the  city  of 
malignant,  contagious,  or  infectious  diseases,  and  to  remove  or 
otherwise  to  dispose  of  any  person  attacked  by  any  such  disease, 
and  to  adopt,  in  reference  to  such  persons,  any  regulations, 

*The  words  “who  shall  keep  an  office  in  the  city  hall,”  in  the  original 
ordinance,  are  repealed  by  ordinance  No.  5478,  which  went  into  elfect 
December  24,  18G4,  in  default  of  mayor’s  si nature. 


HEALTH  DErARTMENT. 

restrictions,  or  measures  deemed  advisable  ; and  to  establish  rules 
and  regulations  for  the  government  of  the  small-pox  hospital,  and 
to  prevent  the  introduction  or  spreading  of  the  small-pox  within 
the  city. 

Sec.  7.  The  board  of  health  may  employ  such  other  officers, 
agents,  servants,  or  assistants,  and  establish  temporary  hospitals, 
and  provide  the  necessary  furniture,  medicine,  medical  attend- 
ance, and  nurses  therefor,  as*  in  the  opinion  of  said  board  the 
health  of  the  city  shall  require. 

Sec.  8.  It  shall  be  the  duty  of  every  physician  in  the  city  to 
report  to  the  health  officer  every  case  of  small-pox  or  other 
contagious  disease  Avhich  he  may  be  called  on  to  attend  within 
the  limits  of  the  city,  or  within  ten  miles  of  the  same,  within 
twelve  hours  after  he  shall  have  examined  the  patient,  with  the 
number  of  the  house,  name  of  occupant  and  street,  under 
penalty,  for  failure  to  do  so,  of  ten  dollars. 

Sec.  9.  Whenever  it  shall  appear  to  said  board  that  any 
person  has  been  attacked  by  any  contagious  disease,  said  board 
shall  cause  such  person  to  be  removed  immediately  to  the  small- 
pox hospital,  or  some  other  retired  place  ; but  if  such  person 
refuse  to  be  removed,  or  if  his  or  her  condition  is  such  that  in 
the  opinion  of  the  health  officer  removal  would  be  attended  with 
danger,  said  board  should  take  such  measures  as  may  be  deemed 
advisable  to  prevent  the  spread  of  the  contagion  or  infection, 
and  to  cause  the  diseased  person  to  receive  proper  and  humane 
attention. 

Sec.  10.  All  persons  having  small-pox,  or  other  contagious 
or  infectious  disease,  in  the  city,  who  refuse  to  go,  or  cannot  to 
[be]  taken  therefrom,  to  small-pox  hospital,  city  hospital,  or  other 
house  or  place  which  may  be  designated  by  the  board  of  health, 
are  hereby  required  to  be  kept  closely  confined,  within  their 
respective  dwellings  or  places  of  abode  ; and  the  board  of  health 
shall  cause  suitable  notices,  with  the  name  or  character  of  the 
disease  printed  or  written  in  large  letters  thereon,  to  be  posted  up 
in  the  most  conspicuous  place  on  or  near  such  dwelling  or  place 
of  abode  in  which  such  contagious  or  infectious  disease  exists, 
and  require  of  the  occupants  thereof  to  maintain  such  notices 


408 


other  assistant  s 
and  ofHcers  may 
be  appointed. 


Duty  of  physi- 
cian to  report 
cases  of  conta- 
gious diseases. 


Penalty. 


Party  affected 
with  contagious 
disease,  to  be 
removed. 


Duty  of  board  if 
removal  is  not 
possible. 


Persons  having 
contagious  dis- 
ease. not  in  hos 
pital,  to  be  kept 
confined . 


Xame  of  disease 
to  be  posted  on 
dwelling. 


* Tlie  word  “whenever,”  in  the  original  ordinance,  is  changed  to 
“as”  by  ordinance  No.  5478,  which  went  into  effect  December  24,  18G4. 


404  . 


HEALTH  DEPARTMENT. 


Penalty  for  re- 
fusing. 


Penalty  for  go- 
ing abroad  hav- 
ing sraall-pox. 


Vaccinating 
physician  to  be 
appointed. 


Term  of  appoint- 
ment. 


Vaccination  fee. 


Physician  to  re- 
port number  of 
vaccinations.  ^ 


Teachers  to  re- 
quire proof  of 
vaccination  be- 
fore admitting 
children. 


Penalty. 


Penalty  for  dis- 
obeying board  of 
health. 


Account  of  ex- 
penses, how  cer- 
tified and  paid. 


there  until,  in  the  opinion  of  the  health  officer,  they  may  be 
safely  discontinued  ; and  any  person  failing  to  comply  with  the 
retpdrements  of  this  section  shall  forfeit  and  pay  a fine  of  not 
less  than  ten  nor  more  than  one  hundred  dollars. 

Sec.  11.  If  any  person  shall  leave  his  or  her  place  of  abode 
and  be  found  going  about  the  city  after  the  smalLpox.or  varioloid 
eruption  has  made  its  appearance  upon  him  or  her,  shall  forfeit 
and  pay  to  the  city  not  less  than  fifty  nor  more  than  five  hundred 
dollars. 

Sec.  12.  The  board  of  health  is  authorized  to  appoint  a 
physician  for  every  two  wards  in  the  city,  whose  duty  it  shall  be 
to  vaccinate  all  persons  in  said  wards  unvaccinated. 

Sec.  13.  Each  appointment  so  made  shall  be  for  the  term  of 
one  year. 

Sec.  14.  The  fee  for  vaccination  shall  be  twenty-five  cents  ; 
and  whenever  satisfactory  evidence  shall  be  presented  to  the 
physician  that  the  parties  applying  for  the  same  are  unable  to 
pay  said  fee,  the  same  shall  be  charged  to  and  paid  by  the  city. 

Sec.  15.  Each  physician  is  hereby  required  to  keep  a record 
of  all  persons  vaccinated  by  him  ; and  a certified  copy  of  the 
same  shall  be  delivered  to  the  board  of  health,  at  one  of  its  stated 
meetings,  in  the  months  of  July  and  .January  of  each  year. 

Sec.  16.  It  is  hereby  made  the  duty  of  all  teachers  in  public 
schools  to  require,  as  a condition  for  its  admission,  of  each  and 
every  child,  a certificate  of  its  vaccination,  signed  by  a physician, 
or  other  satisfactory  evidence.  In  case  of  violation  of  this  sec- 
tion, the  party  so  offending  shall  be  deemed  guilty  of  a misde- 
meanor, and  shall,  upon  conviction  before  the  recorder,  forfeit 
and  pay  a sum  not  less  than  five  dollars,  to  be  collected  as  other 
fines. 

Sec.  17.  All  persons  are  required  to  obey  the  ordinances, 
precepts,  regulations,  and  requirements  of  said  board;  and 
whoever  shall  fail,  neglect,  or  refuse  to  do  so,  shall  forfeit  and 
pay  to  the  city  not  less  than  five  nor  more  than  fifty  dollars. 

Sec.  18.  Said  board  shall  examine  all  accounts  for  expenses 
incurred  by  its  authority,  and  such  as  arc  approved  shall  be  certi- 
fied by  the  president,  and  attested  by  the  clerk  thereof ; and, 
when  so  certified  and  attested,  the  city  auditor  shall  audit  the 
same  and  draw  his  warrant  on  the  treasurer  for  the  amount. 


405 


HEALTH  DEJ^AIVTMENT. 


taking  tlic  receipt  of  tlie  person  in  whose  favor  the  warrant  is 
drawn. 

Sec.  19.  Said  board  shall  keep,  in  proper  books,  full  and  Record  of  ex- 

....  . 1 1 • 1 • • ppnses,  what  to 

. correct  accounts  ot  all  expenses  incurred  by  its  authority,  speci-  contain, 
fying  the  time  when,  the  amount,  the  purpose  to  which  applied, 
and  the  person  through  whom  the  same  were  incurred,  and 
designating  such  items  as  are  to  be  refunded  by  the  owners  or 
occupants  of  property ; and  shall,  on  the  first  day  of  each  stated  c'^ouncir^^^'^ 

session  of  the  council,  report  to  that  body  a specific  account  of 
all  such  expenses  incurred  since  the  preceding  report. 

Sec.  20.  All  expenses  incurred  by  order  of  the  said  hoard  of  Cost  of  abating 
health  in  the  abatement  of  nuisances  on  private  property  shall  be  form  special 

. , . , lien  against 

a special  tax  on  tne  property  upon  which  said  nuisance  existed : property ; how 

i 1 1 1 1 • e 1 1 collected. 

and,  so  soon  as  the  work  or  labor  is  perrormed,  the  contractor  or 
person  doing  the  work  shall  present  his  bill  therefor  to  the  said 
board,  which  shall  be  by  them  first  examined,  and,  if  found 
correct,  shall  so  certify  thereon,  and  immediately  cause  the  same 
to  be  placed  in  the  hands  of  the  collector  of  the  ward  in  which 
said  work  was  done,  who  shall  receipt  for  the  same  in  duplicate, 
leaving  one  with  the  clerk  of  the  said  board,  and  delivering  the 
other  to  the  city  auditor;  and  said  collector  shall  immediately 
notify  the  owner  of  the  said  property  that  the  account  for  abating 
the  nuisance  is  in  his  hands  for  collection,  and  if  the  same 
is  not  paid  within  thirty  days  from  the  date  of  said  notice,  the 
same  will  be  returned  to  the  city  auditor,  and  he  will  be  charged 
fifteen  per  cent,  on  the  same;  and  if,  Avithin  the  thirty  days,  the 
said  bill  is  not  paid  to  the  collector,  he  shall  return  the  same  to 
the  auditor,  Avho  shall  add  the  fifteen  per  cent,  thereto,  and 
proceed  to  collect  the  same  as  provided  by  oialinance  for  the 
collection  of  other  delimpient  taxes;  and  Avhen  the  same  is  col- 
lected, either  by  the  auditor,  collector,  or  comptroller,  the  same 
shall  be  paid  into  the  city  treasury,  and  placed  to  the  a])propria- 
tion  of  the  hoard  of  health.  If  the  said  bill  is  not  paid  Avithin 
thirty  days,  or  before  its  return  to  the  auditoi’,  it  shall  then  be 
paid  by  the  city  and  charged  to  the  a])propriation  for  the  board 
of  health. 


Sec.  21.  The  sum  or  amount  of  any  account  so  placed  in  the 
hands  of  the  collector  may  be  collected  or  distrained  for,  in  all 
respects,  as  any  general  or  special  tax  or  taxes  authorized  to  be 


Hoard  may  order 
suit  to  be 
brought  for  such 
costs. 


406 


HEALTH  DEPARTMENT. 


Compensation 
of  members  of 
board 


Attendance  to 
be  certified  by 
clerk. 


How  paid. 


Dispensary  to  be 
kept  by  clerk 


levied  and  collected  by  the  city ; but  said  board  may,  in  their 
discretion,  order  suit  to  be  brought  thereon,  instead  of  proceeding 
against  the  property. 

Sec.  22.  Each  elective  member  of  said  board  shall  receive,  as 
full  compensation  for  his  services,  two  dollars  for  each  day  he 
shall  attend  the  meetings  thereof ; but  no  councilman  shall  receive 
pay  for  attending  a meeting  of  said  board  and  a regular  or  stated 
meeting  of  the  council  on  the  same  day ; and  no  excuse  for 
absence  shall  entitle  a member  to  receive  his  per  diem  on  any 
allowance  when  so  absent  from  a meeting  of  the  board. 

Sec.  23.  The  clerk  of  said  board  shall  keep  a correct  account 
of  the  days  of  attendance  of  each  member  thereof,  and  certify, 
every  three  months,  the  amount  due  each,  after  deducting  unre- 
mitted fines  for  non-attendance ; and  the  city  auditor  shall  audit 
the  accounts  so  certified,  and  draw  his  warrant  on  the  treasurer 
therefor. 

Sec.  24.  The  board  of  health,  in  addition  to  the  duties 
imposed  upon  them,  are  hereby  authorized  and  required  to  make 
rules  for  the  management  and  maintenance  of  a dispensary  in  the 
office  of  the  board  of  health,  for  dispensing  medical  advice  and 
Who  to  receive  mediciiie  to  sucli  applicants  therefor  as  are  sick  and  indigent, 

medicine  and  ad-  ^ ^ ^ . . 

vice  at.  and  who,  without  such  aid,  would  have  to  be  admitted  to  the  city 
hospital  or  quarantine ; and  the  clerk  of  the  board  of  health  is 
hereby  required,  in  addition  to  the  duties  as  above  set  forth,  to 
establish  a dispensary  in  his  office  for  the  purpose  aforesaid, 
under  the  rule  and  control  of  the  board  of  health.  He  is  also 
required  to  compound  medicines,  or  have  them  compounded  under 
his  control,  for  all  patients  treated  by  him.  He  shall  make  a 
monthly  return  to  the  board  of  health  of  the  number  of  patients 
treated  by  him  during  the  month,  the  nature  of  their  diseases, 
their  sanitary  condition  at  the  time,  and  the  amount  which  the 
Cost  of  medi-  mediciiie  has  cost.  The  bill  for  the  purchase  of  medicines  by 
ones,  how  paid,  yPall  bo  audited  by  the  board  of  health  monthly,  and  a salary 
not  to  exceed  the  sum  of  four  hundred  dollars  a year,  payable 
Oompensation of  monthly,  aiid  chargealde  to  appropriations  for  city  hospital, 
sluill  be  paid  him  for  conducting  the  dispensary  and  compounding 
the  medicines  aforesaid,  the  amount  whereof  to  l)e  ascertained 
and  settled  by  the  board  of  health,  who  shall  have  power,  by 
a majority  vote  entered  on  their  proceedings,  to  graduate  tlie 


HEALTH  DEPARTMENT. 


407 


amount  of  said  salary  at  all  times,  according  to  the  quantity 
of  dispensary  business  carried  on,  and  the  manner  in  which  it 
is  conducted  by  the  clerk. 

AllTICLE  II. 

Health  Officer. 

Section  1.  There  shall  be  a health  officer  of  this  city,  who  Health  officer; 
shall  hold  his  office  for  one  year,  commencing  on  the  first  day  of 
January. 

Sec.  2.  It  shall  be  the  duty  of  the  health  officer:  Firsts  to  Duties  of  health 
have  and  exercise  a general  supervision  over  the  sanitary  condi- 
tion of  the  city,  and  to  report  to  the  board  of  health  all  nuisances, 
the  prevalence  of  any  epidemic,  contagious  or  infectious  disease, 
or  other  causes  which,  in  his  opinion,  are  likely  to  be  detrimental 
to  the  general  health  ; second.,  to  keep  on  hand,  at  all  times,  a 
sufficient  supply  of  genuine  vaccine  matter,  and  to  see  that  all 
persons,  so  far  as  he  may  have  it  in  his  power,  are  properly 
vaccinated,  especially  those  in  the  vicinity  of  any  person  attacked 
by  small-pox  ; third.,  upon  being  informed  of  the  existence  or 
introduction  of  any  contagious  or  infectious  disease  within  the 
city,  to  inquire  immediately  into  the  facts  and  report  the  same  to 
the  board  of  health  ; fourth.,  to  see  that  orders  of  the  board  of 
health,  in  relation  to  any  person  attacked  by  a contagious  disease, 
are  obeyed  ; fifths  to  superintend  the  small-pox  hospital,  and 
administer  to  all  persons  conveyed  there  who  have  no  other 
physician  ; sixth.,  to  visit  and  administer  medicine  to  prisoners 
sick  in  the  city  workhouse,  the  house  of  refuge,  and  in  the 
calaboose  ; seventh.,  to  attend  the  meetings  of  the  board  of  health, 
and  act  as  a member  of  said  board  ; eighth,  to  examine,  at  tlie 
request  of  the  mayor,  or  the  president  or  clerk  of  the  board  of 
health,  boats  and  vessels  coming  into  port,  the  officers,  crews,  or 
passengers  of  which  may  be  supposed  to  be  affected  by  any 
contagious  or  infectious  disease. 

ARTICLE  III. 

Cit^  Hospital. 

Section  1.  The  board  of  health  shall  have  the  general  super-  Board  of  health 
intendence  and  management  of  the  city  hospital,  and  exercise  a hLiutac  ”*^*'*^ 


408 


HEALTH  DEPARTMENT. 


i 


To  report  to 
common  council. 


Resident  physi- 
cian to  be  ap- 
pointed j term 
of  office  of. 


May  appoint  as- 
sistants. 


Qualifications 

of. 


Duties  of. 


Apothecary  to 
be  appointed ; 
duties  and  sal- 
ary of. 


Duties  of  physi- 
cian and  assist- 
ants. 


supervision  and  control  over  all  the  officers  connected  with  or 
employed  at  the  same,  and  shall  meet  at  the  hospital  at  least 
once  a month,  on  such  day  and  at  such  time  as  may  he  fixed  on 
by  said  board.  Said  board  shall  examine  all  accounts  against 
said  hospital,  and,  if  approved,  [they]  shall  be  certified 
to  by  their  president,  and  transmitted  to  the  auditor,  who  shall 
draw  his  warrant  on  the  treasurer  therefor.  Said  board  shall 
prescribe  the  conditions  of  admission  to  said  hospital ; decide  on 
the  number  of  male  and  female  assistants  to  be  employed,  and 
their  compensation  ; and  shall,  in  conjunction  with  the  resident 
physician,  make  all  necessary  rules  and  regulations  for  the  gov- 
ernment and  management  of  said  hospital.  It  shall  be  the  duty 
of  said  board  to  report  to  the  common  council,  on  the  first  day  of 
March  of  each  year,  giving  a particular  account  of  the  affairs  of 
said  institution  for  the  preceding  twelve  months,  together  with 
such  suggestions  or  recommendations  as  they  may  deem  proper. 

Sec.  2.  A resident  physician  of  the  city  hospital  shall  be 
appointed,  who  shall  be  a graduate  of  some  medical  school,  to 
serve  for  one  year  from  the  first  day  of  January  of  each  year, 
and  until  his  successor  shall  be  duly  appointed  and  cpialified. 

Sec.  3.  The  resident  physician  may,  with  the  consent  of  the 
board  of  health,  appoint  one,  and  not  more  than  three  assistants, 
to  serve  for  one  year,  unless  sooner  removed  by  order  of  said 
board.  One  of  said  assistants  shall  be  a German,  or  speak  the 
German  language  fluently.  Said  assistants  shall  be  graduates  of 
some  regular  medical  school,  or  students  of  regular  medical 
practitioners  in  the  city,  and  shall  have  attended  at  least  two  full 
courses  of  medical  lectures  in  some  reputable  medical  school. 
They  shall  be  under  the  control  of  the  resident  physician,  and 
shall  perform  such  duties  as  he  may  require  of  them. 

Sec.  4.  The  board  of  health  is  hereby  authorized  to  enqdoy 
some  competent  person  to  serve  as  apothecary,  whose  salary  shall 
be  regulated  and  whose  duties  shall  [be]  prescribed  by  said  board, 
and  who  shall  reside  in  the  hospital. 

Sec.  5.  The  resident  physician  sliall  live  in  the  hospital,  and 
shall  devote  the  whole  of  his  time  to  the  service  of  the  hos})ital, 
and  not  pursue  private  practice  so  long  as  he  shall  hold  liis  office  ; 
he  shall  visit  all  patients  at  least  twice  a day,  and  prepare,  or 
cause  to  be  prepared  under  his  supervision,  all  medicines  i)re- 


ITE  ALTl  I 1 )E  J>A  RTMENT. 


409 


scribed  by  him,  and  generally  exercise  a proper  control  of  the 
medical  department  of  said  lios])ital.  The  resident  physician 
and  his  assistants  shall  receive  boarding  and  washing  at  the 
hospital  ; and  the  resident  physicians  and  board  of  health  are 
alone  authorized  to  discharge  patients  from  the  hospital. 

Sec.  6.  The  board  of  health,  at  their  first  meeting,  or  as  soon 
thereafter  as  practicable,  shall  appoint  six  consulting  physicians, 
to  be  selected  from  the  regular  medical  practitioners  residing  in 
the  city,  whose  duty  it  shall  be,  respective!}^,  to  meet  the  resident 
physician  or  quarantine  physician  at  the  hospital,  when  thereto 
required  by  [him],  or  either  of  them,  by  notice  in  writing,  to  be 
given  in  reasonable  time,  to  consult  with  and  assist  him  when 
he  deems  it  necessary.  Said  consulting  physicians,  being  duly 
notified  of  their  appointment,  shall  file  their  acceptance  of  said 
office  within  ten  days  after  such  notice. 

Sec.  7.  Students  of  medicine  may,  when  accompanied  by  any 
professor  of  any  of  the  medical  colleges  in  this  State,  be  admitted 
to  the  wards  and  lecture-rooms  of  the  hospital,  at  such  hours  and 
days  of  the  Aveek  as  may  be  designated  by  the  board  of  health  ; 
but  no  lecture  shall  be  held  in  presence  of  the  patients  in  said 
hospital. 

Sec.  8.  Said  board  shall  have  power  to  suspend  the  exercise 
of  the  privilege  herein  granted  to  the  medical  schools  for  any 
violation  of  established  rules,  or  for  any  failure  to  comply  Avith 
the  provisions  of  this  ordinance. 

ARTICLE  IV. 

% 

(Quarantine . 

Section  1.  The  grounds  purchased  by  the  city  from  Augustus 
Langkopf,  by  deed  bearing  date  July  seventh,  eighteen  hundred 
and  fifty- four,  are  hereby  established  as  a })ermanent  (piaraiitine 
station  for  the  city  of  St.  Louis  ; and  there  shall  be  established 
and  kept  up  at  said  station  a permanent  hos})ital  for  the  rece})tion 
and  accommodation  of  such  sick  persons,  emigrants,  or  others, 
as  may  be  placed  therein. 

Sec.  2.  On  the  first  Monday  in  January  of  each  year  there 
shall  be  appointed  by  the  board  of  health,  Avith  the  approval  of 
the  mayor,  a quarantine  physician,  for  the  term  of  one  year, 


To  recoiv**  I)o;ir<l- 
iiigand  washing. 


May  (liscliargf 
patients. 


Consulting  phy- 
sicians; 'heir 
appointment 
and  duties. 


Medical  stu- 
dents may  be  ad- 
mitted to  hos- 
pital. 


Privilege  may 
be  suspended. 


Quarantine  sta- 
tions located. 


Hospital  loca- 
ted. 


Quarantine  phy- 
sician to  be  aj)- 
poinied. 


410 


HEALTH  DEPARTMENT. 


Duties  of  ([uar- 
Hutiuephysciaii. 


Hospital,  how- 
conducted. 


Boats  to  land 
passengers  at 
quarantine. 


and  until  his  successor  is  duly  appointed  and  qualified,  who  shall 
be  a regular  graduate  of  some  medical  school,  shall  reside  at 
quarantine,  where  he  shall  receive  board  and  washing,  and  per- 
form all  the  duties  required  of  him  as  quarantine  physician  and 
steward,  etc. 

Sec.  3.  The  physician  shall  be  in  attendance  at  all  times 
at  the  station,  to  examine  boats,  to  give  permits,  receive  sick 
persons,  or  such  emigrants  or  others  as  the  quarantine  regulations 
require  to  be  landed,  and  to  perform  all  services  required  of  him 
by  ordinance  or  the  instructions  of  the  board  of  health.  When 
there  are  patients  in  the  hospital  requiring  attention,  the  phy- 
sician shall  remain  constantly  at  the  station,  and  visit  and 
prescribe  for  such  patients  as  is  required  of  the  physician  at 
the  city  hospital ; and  in  all  things  the  said  physician  shall  be 
governed  by  the  rules  and  regulations  established  and  observed 
at  the  city  hospital,  so  far  as  the  same  are  applicable,  or  may 
be  deemed  necessary  by  the  board  of  health. 

Sec.  4.  The  said  hospital  shall  be  conducted,  as  nearly  as 
may  be,  in  the  same  manner  as  the  city  hospital ; shall  be  under 
the  management  and  control  of  the  board  of  health,  who  shall 
pass  and  certify  to  all  accounts  thereof,  and  the  expenses  shall 
be  paid  out  of  appropriations  for  hospitals. 

Sec.  5.  All  boats  coming  to  or  bound  for  the  city  of  St.  Louis 
from  south  of  the  town  of  Chester,  in  the  State  of  Illinois,  shall, 
before  such  boat  or  vessel  can  land  at  the  wharf  or  discharge  her 
cargo  within  the  limits  of  the  city,  touch  at  the  quarantine  and 
land  all  emigrants  or  others  recently  from  shipboard,  and  all 
sick,  diseased,  or  unclean  persons,  with  their  stores  and  baggage: 
Provided^  that  the  officers  stationed  at  the  quarantine  shall  so 
order,  or  it  may  be  necessary,  on  account  of  cholera,  ship-fever, 
small-pox,  yellow-fever,  or  any  communicable  disease  among  the 
passengers  or  crews  of  such  boat,  for  the  same  to  be  landed,  to 
relieve  the  master  or  person  in  charge  of  such  vessel  from  tlie 
penalty  hereinafter  provided  against  masters  or  owners  of  all 
boats  or  vessels  who  shall,  knowingly,  land  or  bring  into  the  city 
limits  any  person  or  persons  sick  of  cholera,  ship -fever,  small- 
pox, or  any  communicable  disease  of  a fatal  or  dangerous 
character. 

Sec.  6.  Any  steamboat,  coming  from  New  Orleans,  or  any 


HEALTH  DEPARTMENT. 


411 


point  below  the  city  of  Memphis,  liaviim  on  board  on  her  arrival  with  cer- 

''  tain  number  of 

within  the  (luarantine  limits,  or  liaviim  on  board  at  any  time  passengers lo  be 
during  her  voyage,  a greater  number  of  deck  or  steerage  passen-  quarantine, 
gers  than  twenty  for  each  hundred  tons  registered  of  such 
steamboat,  between  the  first  of  April  and  the  first  of  November, 
or  a greater  number  than  thirty  per  hundred  tons  registered  at 
any  other  season  of  the  year,  shall  be  detained  at  the  quarantine 
station,  for  the  purpose  of  cleansing  and  purification,  not  less 
than  forty- eight  hours  nor  more  than  twenty  days,  at  the 
discretion  of  the  quarantine  officer  and  board  of  health : Pro- 
vided^ however^  it  shall  be  in  the  power  of  the  quarantine 
officer  to  discriminate  in  favor  of  those  boats  which  are 
constructed  without  cabins,  or  with  only  a few  rooms  on  the 
upper  deck,  with  a special  view  to  the  accommodation  of  a large 
number  of  steerage  passengers  ; and,  in  such  cases,  if  the  room 
thus  intended  for  deck  passengers  is  not  occupied  with  freight, 
but  is  reserved  for  their  use  exclusively,  fifty  per  cent,  more 
passengers  may  be  allowed  than  is  permitted  to  boats  not  thus 
constructed. 

Sec.  7.  The  master  of  any  boat  landing  a part  of  his  deck  Penalties  for  en- 
passengers  within  the  quarantine  limits,  or  at  any  point  below,  S^SurqifaJL- 
to  bring  his  number  within  the  regulation,  and  thus  getting  his 
boat  by  the  quarantine  without  detention,  shall,  on  proof  of  the 
fact  before  the  recorder,  be  fined  in  a sum  not  less  than  one 
hundred  dollars  nor  more  than  five  hundred  dollars  ; and  the  boat 
may,  on  the  order  of  the  board  of  health,  Ije  forced  to  return  to 
the  quarantine  station,  and  remain  any  length  of  time  not 
exceeding  twenty  days.  And  Avhen  a boat  coming  from  the  Ohio  certain  boats 
river  (or  elsewhere),  shall  take  passengers  from  a New  Orleans  at  quarantine, 
boat,  for  the  purpose  of  enabling  such  boat  to  pass  the  (pniran- 
tine  ; or,  where  cholera,  ship-fever,  small-pox,  or  any  contagious 
or  communicable  disease  may  prevail  among  the  })assengers  so 
taken  from  a Southern  boat,  such  Ohio  river  boat,  or  other  boat 
bringing  said  passengers,  shall  be  detained  at  the  quarantine 
station  any  number  of  days  not  exceeding  twenty,  at  the  pleasure 
of  the  board  of  health,  and  the  master  shall  be  liable  to  a fine 
of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars. 

Sec.  8.  The  physician  at  the  quarantine  -station  shall  have 


412 


HEALTH  DEPARTMENT. 


Quarantine  phy- 
sician may  ad- 
minister oaths. 


To  notify  mayor 
of  evasions  of 
quarantine. 


When  boats  and 
passengers  may 
leave  quaran- 
tine. 


Penalty  for  leav 
ing  quarantine 
without  permit. 


Penalty  for  land- 
ing sick  per.«ons 
in  city  in  viola- 
tion of  quaran- 
tine. 


power  to  administer  oatlis  to  the  master,  officers,  crew,  or 
passengers  of  any  steamboat,  touching  any  infringement  of  the 
quarantine  regulations,  or  other  matters  connected  with  the  duties 
of  his  office ; and  it  shall  be  the  duty  of  the  quarantine  physician 
to  give  immediate  notice,  to  the  mayor,  of  any  master  of  a 
steamboat  having  disregarded  the  provisions  of  this  ordinance. 

Sec.  9.  Whenever  the  physician  in  charge  of  the  quarantine 
shall  be  satisfied  that  there  is  no  cause  for  detention  of  any 
vessel  touching  at  quarantine,  or  such  vessel  shall  have  landed  all 
passengers  coming  under  the  provisions  of  this  ordinance  or  any 
future  regulation  established  by  ordinance,  and  shall  have  been 
thoroughly  cleansed  to  the  satisfaction  of  the  quarantine  officer, 
such  vessel  shall  receive  a permit  to  enter  the  city.  The  said 
officer  shall  also  give  to  persons  in  quarantine,  wdien  satisfied  that 
themselves  are  free  from  disease,  and  their  baggage  and  effects 
properly  w’ashed,  cleansed,  and  purified,  a certificate  to  that 
effect ; and  such  certificate,  wdien  endorsed  and  approved  by  the 
mayor,  shall  authorize  and  permit  such  persons  to  depart  from 
the  quarantine.  But  the  mayor,  in  case  of  the  prevalence  of  the 
cholera  or  ship-fever  in  the  city,  shall  have  pow^er  to  wdthhold  his 
endorsement  and  approval  of  such  certificate  until,  in  his  opinion, 
the  health  of  the  city  wdll  justify  the  admission  of  emigrants,  and 
others  peculiarly  liable  to  said  disease,  into  the  same. 

Sec.  10  Any  person  placed  in  quarantine  who  shall  leave  the 
same  without  a certificate  approved  and  endorsed  as  in  the  last 
section  required,  shall  be  liable  to  a penalty  of  not  less  than  five 
nor  more  than  one  hundred  dollars,  to  be  sued  for  and  recovered 
before  the  recorder,  as  in  other  cases. 

Sec.  11.  The  master  or  person  in  charge  of  any  steamboat 
or  other  vessel,  who  shall  knowingly  bring  into  the  city  any 
person  or  persons  diseased  of  cholera,  small-pox,  ship- fever, 
yellowy-fever,  or  any  communicable  disorder  endangering  life,  or 
wdio  shall  land  any  sick  persons  within  ten  miles  of  the  limits  of 
the  city,  except  at  the  quarantine  station,  shall  be  liable  to  a pen- 
alty of  not  less  than  five  hundred  dollars  for  each  and  every  offense, 
no  matter  from  what  quarter  the  said  vessel  may  approach  the  city; 
and  the  master  or  person  in  charge  of  any  steamboat  or  vessel 
coming  from  the  south,  who  shall  disregard  the  (piarantine  i‘egu- 
lations,  or  disobey  the  orders  of  the  (piarantine  officers,  shall  also 


HEALTH  DErAETMENT. 


41 P, 


be  liable  to  a like  penalty  for  such  disregard  or  disobedience,  in 
addition  to  the  liability  under  tlie  first  provision  of  this  section  ; 
and  it  shall  be  the  duty  of  the  city  marshal,  whenever  complaint  Marshal  to  ar- 

, , , -1*0  • 1 • f-  0 1 • • offenders. 

IS  made  before  the  recorder  of  a violation  of  any  of  the  provisions 

of  this  ordinance,  to  arrest  the. offender  forthwith,  and  bring  him, 
without  delay,  before  the  recorder  for  trial. 

Sec.  12.  The  commander  or  person  in  charge  of  any  steam-  Boats  from 

boat  or  vessel  approaching  the  city  from  the  north,  and  having  on  abtu'c  penalty, 

board  cases  of  cholera,  ship-fever,  small-pox,  or  any  communi- 
cable disease,  may  avoid  the  penalty  imposed  in  the  last  section 
by  landing  such  boat  or  vessel  on  the  western  shore  of  Bloody 
Island  previous  to  touching  at  the  wharf,  and  giving  immediate 
notice  to  the  mayor  or  health  officer  of  the  city  of  the  existence 
of  such  cases  of  cholera,  ship-fever,  small-pox,  yellow- fever,  or 
any  communicable  diseases  on  board  said  vessel ; and  remaining 
at  said  island  until  the  diseased  persons  shall  have  been  removed, 
if  deemed  necessary  by  the  mayor  or  health  officer,  and  the  boat 
cleansed  and  purified,  in  such  manner  as  either  of  said  officers 
shall  direct.  But  the  mayor  or  health  officer  shall  have  power  to 
send  such  boat  and  passengers  into  (piarantine,  at  the  station 
provided,  if  deemed  expedient ; and  a refusal  to  comply  with  any  penalty  for  vio- 
or  all  orders  and  instructions  of  the  mavor  or  health  officer  in  the  mayo?  or  heaiui 
premises  shall  lay  the  person  in  charge  of  such  vessel  liable  to 
the  penalty  imposed^  for  infraction  of  this  ordinance ; and  the 
mayor  may  proceed  to  take  charge  of  said  vessel,  as  provided 
in  the  following  section. 

Sec.  13.  Whenever  the  mayor  shall  be  informed  and  satisfied  Mayor  may  take 
that  any  steamboat  or  vessel  has  left  the  (piarantine  station  vi'ola?ing^lml^- 
without  a permit,  or  has  failed  to  stop  at  the  same,  or  that  any 
vessel  coming  from  the  north,  having  on  board  cholera,  ship- 
fever,  small-pox,  or  any  communicable  disease  of  a fatal  and 
dangerous  character,  has  failed  to  land  first  on  ]51oody  Island, 
and  give  notice  thereof,  and  further  failed  to  obey  the  instruc- 
tions of  the  mayor  or  health  officer  in  regard  to  said  diseased 
persons,  or  the  boat  bringing  the  same,  it  shall  be  the  duty  of  the 
mayor,  if  in  his  judgment  the  health  of  the  city  reijuires  it,  to 
proceed,  at  the  head  of  the  police  of  the  city  of  St.  Louis,  to  Polico  force  to 
such  boat  or  vessel,  to  take  charge  of  her ; and  to  cause  the  boat, 
together  with  the  crew  and  all  the  passengers  on  board,  to  be 


414 


HEALTH  DEPARTMENT. 


Boat  may  be  re- 
moved to  quar- 
antine. 

Expense  of  re- 
moving, how 
paid  ; penalty 
for  aiding  viola- 
tion of  quaran- 
tine. 


Expenses  of 
quarantine,  how 
paid. 


When  section 
five  shall  be  in 
effect 


Mayor  to  issue 
prod iination  to 
other  cities 


Board  of  health 
to  make  certain 
regulations. 


Penalty  for  vio- 
lating same. 


conveyed  from  the  wharf  to  the  quarantine  station,  there  to  remain 
until  discharged  by  the  proper  authorities ; and  all  expenses 
incurred  in  such  removal  shall  be  paid  by  such  boat  or  vessel ; 
and  any  person  aiding  or  abetting  the  master  or  person  in  charge 
of  said  vessel,  in  the  violation  of  the  quarantine  regulations, 
shall,  on  conviction  thereof,  forfeit  and  pay  to  the  city  of  St. 
Louis  a sum  not  less  than  fifty  nor  more  than  five  hundred  dollars. 

Sec.  14.  When  practical,  all  expenses  of  removal  of  sick 
persons  from  boats  to  the  hospitals,  or  expenses  in  cleansing  or 
purifying,  or  furnishing  medicines  to  those  placed  in  quarantine, 
shall  be  defrayed  by  such  persons  themselves ; in  all  other  cases 
the  expense  shall  be  paid  by  the  city,  out  of  the  contingent  fund 
or  funds  appropriated  for  quarantine  purposes. 

Sec.  15.  The  fifth  section  of  this  article,*  which  requires  all 
emigrants,  or  other  persons  lately  from  shipboard,  to  be  landed 
at  the  quarantine  station,  whether  sick  or  otherwise,  until  their 
persons,  baggage,  and  effects  shall  have  undergone  the  required 
cleansing  and  purification,  shall  only  be  considered  in  force  when 
and  so  long  as  the  same  shall  be  deemed  necessary  by  the  board 
of  health,  on  account  of  the  prevalence  of  cholera  or  ship-fever 
at  New  Orleans,  or  on  board  of  emigrant  vessels  arriving  at  that 
port,  or  the  prevalence  of  either  of  said  diseases  in  the  city  of 
St.  Louis  ; and  it  shall  be  the  duty  of  the  mayor  to  give  notice, 
by  proclamation,  whenever  the  board  of  health  shall  consider  it 
necessary  to  enforce  said  section  ; and  to  send  said  proclamation, 
containing  the  purport  of  the  regulations  established,  to  Cairo, 
Memphis,  Vicksburg,  Natchez,  and  New  Orleans,  that  all  persons 
interested  may  have  due  notice  thereof. 

Sec.  16.  The  board  of  health,  and  the  officers  in  charge  of  the 
quarantine,  shall  have  poAver  to  make  such  regulations  for  the 
proper  conducting  and  management  thereof  as  may  be  found 
necessary ; and  all  persons  in  quarantine,  and  the  officers  and 
agents  of  the  city  employed  in  that  service,  shall  observe  the 
same:  said  officers  and  agents,  under  the  penalty  of  summary 
dismissal  by  the  mayor,  when  recommended  by  the  board  of 
health,  for  any  neglect  of  duty;  and  persons  in  (piarantine,  under 

*The  word  “ordinance,”  in  the  original  ordinance,  is  changed  to 
“article”  by  ordinance  No.  5478,  which  went  into  elleet  December 
24,  1864. 


HEALTH  DEPARTMENT. 


41.'^ 


a penal tj  of  not  less  than  five  nor  more  than  one  hundred  dollars, 
on  proof,  before  the  recorder,  of  infringement  of  such  regulations, 
when  informed  of  the  existence  thereof. 

Sec.  17.  It  shall  be  the  duty  of  the  quarantine  physician  to  Hoats  at  qtiaran- 
collect  from  every  steamboat,  or  other  vessel  examined  at  the  tain  fees, 
station,  the  sum  of  two  dollars,  before  giving  a certificate  or 
permit  to  such  vessel  to  enter  the  city ; and  one-half  the  sum 
so  collected  shall  be  paid  over  to  the  city  treasurer,  monthly: 

Provided^  however^  that  regular  packets,  trading  only  to  the 
mouth  of  the  Ohio  and  intermediate  ports,  shall  pay  but  one 
dollar. 

Sec.  18.  The  provisions  of  this  article  relating  to  the  landing  when  this  arti- 
of  boats  at  quarantine  shall  not  be  enforced  except  in  case  of  firce'^^" 
epidemics,  or  when  the  mayor  and  board  of  health  shall  so  direct. 

ARTICLE  V. 

Cemeteries. 

Section  1.  A portion  of  those  grounds  purchased  by  the  city  city  cemetery 
of  St.  Louis  from  Augustus  Langhkopf,  by  deed  bearing  date 
July  seventh,  eighteen  hundred  and  fifty-four,  now  used  for 
quarantine  purposes,  are  hereby  set  apart  as  a place  of  public 
interment,  to  be  known  and  designated  by  the  name  of  the  St. 

Louis  City  Cemetery. 

Sec.  2.  So  much  of  said  grounds,  herein  above  designated,  as  Division  to  be 
may  be  necessary,  shall  be  laid  off  into  divisions  by  the  board  of  oTcoilTr'^  peoi)ie 
health,  in  manner  following;  First,  one  portion  for  the  interment 
of  white  persons  ; second,  one  portion  for  the  interment  of  people 
of  color. 

Sec.  3.  The  board  of  health  may  emiiloy  a sexton  of  said  s^xtontobeem- 
cemetery,  when  it  becomes  necessary,  wlio  shall  reside  on  said 
grounds,  and  shall  bo  bound  to  be  at  all  times  in  readiness,  by  Duties  or. 
himself  or  some  other  person  acting  for  him,  to  perform  the 
duties  pertaining  to  his  office  as  sexton;  and  it  shall  be  his  duty; 

First.,  to  keep  and  preserve  the  grounds,  buildings,  fences,  and 
other  property  pertaining  to  said  grounds,  in  repairs  ; second., 
to  report  to  the  board  of  health,  from  time  to  time,  any  repairs 
deemed  necessary,  and,  when  ordered,  to  superintend  the  same ; 
third,  to  prevent  trespass  on  said  grounds,  and  to  preserve,  as 


416 


HEALTH  DEPARTMENT. 


A&>is!tant  scx- 
ton.s  may  bo  em 
ployed ; how- 
paid. 


Certain  inter- 
mentH  prohib- 
ited. 


far  as  practicable,  from  being  defaced,  injured,  or  destroyed, 
any  tombstone,  monuments,  vaults,  inclosures,  or  other  things 
erected  within  said  cemetery;  fourth^  to  keep  the  walks  and 
avenues  in  said  cemetery  clear  and  free  from  brush,  weeds,  or 
•other  incumbrances;  fifth,,  to  keep  a register,  in  an  appropriate 
book,  with  an  alphabetical  index  thereof,  of  all  persons  who  may 
be  buried  in  said  cemetery,  giving,  as  far  as  practicable,  the 
name,  age,  color,  sex,  place  of  birth,  place  of  residence,  and 
disease,  or  manner  of  death;  sixth,,  to  deliver  to  the  clerk  of  the 
board  of  health,  on  or  before  ten  o’clock  of  every  Saturday 
morning,  all  the  certificates  received  since  his  previous  report; 
sevtnth,  to  collect  for  all  persons  interred,  who  are  not  buried 
at  the  expense  of  the  city,  the  charges  of  interment;  eighth,, 
to  settle  with  the  city  register  on  the  last  Saturday  in  each 
month,  and  pay  over  to  the  city  treasurer  all  moneys  in  his 
hands  belonging  to  the  city,  and  file  the  treasurer’s  receipt  with 
the  city  auditor  on  or  before  ten  o’clock  of  the  Monday  follow- 
ing; ninth,  to  dig,  or  cause  to  be  dug,  all  graves  in  the  said 
cemetery,  attend  to  the  interment  of  all  persons  therein,  and  fill 
up  and  preserve  all  graves  therein  (every  grave  shall  be  at  least 
five  feet  six  inches  deep);  ttnth,  to  deliver  to  his  successor  in 
office  the  registry,  all  books,  papers,  and  property,  and  the 
possession  of  the  buildings  and  grounds  herein  designated  (per- 
sons desiring  to  bury  any  dead  in  any  division  of  the  cemetery 
different  from  those  set  apart  for  the  dead  interred  at  the  expense 
of  the  city,  shall  make  application  to  the  steward  of  quarantine 
for  leave,  and  shall  furnish  him  with  a statement  of  the  name, 
age,  sex,  place  of  birth,  residence,  and  disease  or  cause  of  the 
death  of  the  person  to  be  interred);  elevinth,  to  enter  in  his 
register  the  day  when,  and  place  where,  death  occurred,  and 
where  the  body  is  interred  in  the  cemetery  grounds,  and  to 
number  each  grave. 

Sec.  4.  The  board  of  health  may  employ  individuals  to  assist 
the  sexton  at  any  time  when,  in  its  opinion,  the  labor  to  be 
performed  at  said  grounds  is  more  than  one  person  can  perform  ; 
the  compensation  for  each  })crson  so  employed  shall  be  such  an 
amount  as  the  board  of  health  may  approve. 

Sec.  5.  Interments  within  so  much  of  any  cemetery  in  the 
city  as  shall  be  rcnpiired  for  streets,  or  for  the  extension  of  any 


HEALTH  HEPARTMENT. 


417 


street  at  present  establislied,  are  liereby  proliibited : Provided 
however^  that  the  provisions  of  this  section  shall  not  be  so 
construed  as  to  apply  to  the  cemetery  known  as  the  Cemetery 
of  the  Holy  Ghost. 

Sec.  G.  It  is  hereby  made  the  duty  of  the  city  engineer,  Engineprtogive 
whenever  applied  to  for  the  purpose  by  persons  interested  in  or  needed 

having  charge  or  control  of  any  of  said  cemeteries,  to  give  such 
information  as  will  enable  them  to  know  what  portions  thereof  will 
be  needed  for  streets,  or  the  extension  of  streets,  as  mentioned  in 
the  first  section  hereof  : Provided^  the  foregoing  provisions  shall 
not  be  construed  as  extending  to  any  cemetery  to  which  the  State 
legislature  may  have  granted  reserved  rights  conflicting  therewith. 

Sec.  7.  No  new  cemetery  shall  be  established  at  a less  distance  no  new  ceme- 

_ tery  to  be  estab- 

tlian  two  miles  from  the  city.  ushed  near  city. 

Sec.  8.  Any  person  or  persons  violating  any  of  the  provisions  Penalty  for  vio- 

f.  1 . • 1 1 n f r-  • 1 • f c-i  T • lating  this  ar- 

01  tins  article’*'  shall  forfeit  and  pay  to  the  city  of  St.  Louis  a tide, 
fine  of  not  less  than  twentv-five  dollars,  nor  more  than  one 
hundred  dollars,  for  each  offense,  to  be  recovered  as  other  fines 
for  breaches  of  city  ordinances. 

A R T I C T.  E V I . 

Pills  of  Morlalitu. 


Section  1.  It  shall  be  the  duty  of  the  clerk  of  the  board  of  cierk  of  board 
health  to  see  that  the  act  of  the  general  assembly  of  the  State  of  force  certain 
Missouri,  [entitled]  “An  act  concerning  bills  of  mortality  of  the 
city  of  St.  Louis  and  its  suburbs,”  approved  February  twenty- 
fifth,  eighteen  hundred  and  forty-three,  be  carried  into  efiect  ; 
and  to  cause  suit  to  be  brought  against  all  overseers,  sextons,  or 
physicians,  who  fail  to  comply  with  the  provisions  of  said  act. 

Sec.  2.  The  clerk  of  tlie  board  of  health  shall  furnish  each  to  furnish  book» 
overseer  or  sexton  of  any  graveyard,  within  four  miles  of  the  city  t” sextons.^* 
limits,  with  a blank  book,  with  appropriate  columns,  to  enter  the 
facts  required  by  said  act,  as  well  as  the  provisions  of  this  ordi- 
nance, to  be  recorded  ; and  with  blank  certificates,  with  appro- 
priate columns,  for  the  entry  of  .^aid  facts  ; and  he  shall  enter,  in 


* Tlu;  word  “ordinance,”  in  the  original  ordinance,  is  clianged  to 
“article”  by  ordinance  No.  .5478,  which  went  into  etlect  December 
it,  18G4. 


27 


418 


HEALTH  DEPARTMENT. 


To  record  and 
publish  number 
of  interments, 
etc 


Abstract  of 
deaths,  how 
made. 


Sextons  to  fur- 
nish certain  re- 
ports. 


Penalty  for  re- 
fusing. 


Physicians  and 
sextons  to  re- 
cord certain 
facts. 


Clerk  of  board 
of  health  to  fur- 
nish certain 
blanks. 


Clerk  to  report 
delinquents. 


Penalties. 


a suitable  book,  all  the  certificates  received  from  any  overseer  or 
sexton  in  conformity  with  said  act ; and  shall  publish  the  total 
weekly  mortality  as  reported  to  him  by  the  sextons  of  the  several 
cemeteries  within  four  miles  of  the  city  ; stating  the  total  number 
of  white  males,  white  females,  free  colored  persons,  and  slaves, 
who  died  during  the  Aveek  previous  to  said  publications  ; the  total 
number  under  and  above- five  years  of  age  ; the  total  number  Avho 
died  of  cholera,  small-pox,  or  ship- fever  ; and  the  total  number 
who  died  at  the  City,  St.  Louis,  or  other  hospitals. 

Seo.  3.  In  such  abstracts  the  deaths  shall  be  set  forth  under 
the  following  heads,  namely  : White  males,  Avhite  females,  free 
colored,  and  slaves. 

Sec.  4.  The  sextons  of  the  several  cemeteries  shall  deliver  to 
the  clerk,  at  his  office,  their  weekly  reports  of  interments,  at  or 
before  the  hour  of  two  o’clock  in  the  afternoon  of  Saturday  of 
each  and  every  week  ; and  any  sexton  failing  or  refusing  so  to 
do  shall  forfeit  and  pay  a fine  of  ten  dollars  for  every  such 
failure  or  refusal,  to  be  recovered  as  other  penalties  for  breaches 
of  ordinances. 

Sec.  5.  It  shall  be  the  duty  of  the  physicians,  in  their  certifi- 
cates of  deaths  to  the  sextons,  and  of  the  sextons  in  their  books 
kept  at  the  graveyards,  and  in  the  weekly  repoi-ts  they  make  to 
the  clerk,  to  specify  the  length  of  time  in  which  the  deceased,  it 
of  foreign  birth,  resided  in  this  country  ; also,  the  exact  locality 
where  the  death  occurred  in  the  city. 

Sec.  6.  The  clerk  of  the  board  of  health  shall  cause  to  be 
printed  a sufficient  number  of  blank  certificates,  containing  in 
suitable  columns  the  facts  recpiired  above,  which  certificates  lu‘ 
shall  keep  in  his  office,  subject  to  the  order  of  physicians. 

Sec.  7.  It  shall  be  the  duty  of  the  clerk  of  the  board  of  health 
to  report  to  the  city  recorder  all  phy,sicians,  and  sextons  of 
cemeteries,  who  fail  to  comply  with  the  recpiirements  of  this 
ordinance  ; and  for  the  first  failure  the  recorder  sliall  impose  a 
fine  of  not  less  than  three  dollars  noi*  more  than  five  dollars 
upon  the  delinquent;  and  for  every  subsequent  failure  the  fine 
imposed  shall  not  be  less  than  five  dollars  nor  more  than  tAventy 
dollars. 


HEALTH  DEPARTMENT. 


41 


A H T I c L E V r I . 

Insane  Persons  and  Paupers. 

Section  1.  The  conductor  or  person  in  clnir«:e  of  any  railroad  tor 

^ bringing  insane 

car  or  train  of  railroad  cars,  or  the  master  or  person  in  charge  of  p«rsons  or  pau- 

i ~ pers  to  city. 

any  steamboat  or  other  vessel,  or  the  owner  or  driver  of  any 
wagon  or  other  vehicle,  who  shall  bring  into  the  city  of  St.  Louis 
a person  or  persons  who  are  insane  or  paupers,  who  are  likely  to 
become  a charge  to  the  city,  shall  be  liable  to  a fine  of  not  less 
than  twenty- five  nor  more  than  three  hundred  dollars  for  each 
and  every  oftense  ; in  addition  to  which  penalty,  the  persons 
so  offending  shall  be  required  to  enter  into  bonds,  before  the 
recorder,  of  not  less  than  five  hundred  dollars  nor  more  than  one 
thousand  dollars,  to  defray  the  expenses  of  the  insane  or  pauper 
thus  brought,  so  long  as  they  remain  in  the  city,  as  also  to  pay 
the  price  of  their  conveyance  back  to  the  point  whence  they  were 
taken. 

Sec.  2.  It  shall  be  the  duty  of  the  health  officer,  and  of  the  Certain  parties 
clerk  of  the  board  of  health,  and  of  the  day  and  night  guards,  tions. 
and  all  other  police  officers,  to  report  to  the  city  recorder  any 
violation  of  this  ordinance. 

Sec.  3.  It  shall  be  the  duty  of  the  city  marshal,  whenever  Ma  rslialt  o bring 
complaint  is  made  before  the  recorder  of  a violation  of  any  of  trial, 
the  provisions  of  this  ordinance,  to  arrest  the  offender  forthwith, 
and  bring  [him,]  without  delay,  before  the  recorder,  for  trial 

Sec.  4.  It  shall  be  the  duty  of  the  city  marshal,  night  guard,  Certain  oftli  ers 
and  day  police,  if  any  idiot,  lunatic,  or  person  of  unsound  mind,  inaycr^^^t.;.'^ 
be  found  by  them  within  the  city  of  St.  l^ouis,  unprotected  by  a 
guardian  or  friend,  then  he  or  they  shall  give  notice  thereof, 
forthwith,  to  the  majuir,  register,  or  recorder,  whose  duty  it  shall  orpauplT 
be  to  inform  the  county  court*  or,  in  vacation  of  said  county 
court,*  the  presiding  justice  thereof,  in  writing,  that  such  idiot, 
lunatic,  or  insane  person,  is  at  large  and  unprovided  for,  in  the 
city  of  St.  Louis. 

Sec.  5.  If  any  such  insane  person,  as  cited  in  the  foregoing  Persons  tunons 

^ . . y y to  be  conlineii 

first  section,  shall  be  furiously  mad,  or  so  far  disordered  in  his 

* The  word  “eomini.ssloners,  ” in  the  origlinil  ordinance,  is  changed 
by  ordinance  No.  5478,  which  went  into  effect  December  24,  1804. 


2(1 


HEALTH  DEPARTMENT. 


Expense  of  con- 
linemeut,  how 
paid. 


Tenements  to  be 
supplied  with 
privies. 


How  construct- 
ed. 


Proceedings 
where  tenement 
i.s  not  supplied 
with  suitable 
privy. 


No  privy  to  be 
emptied  at  cer- 
tain time. 


Manner  of  emp- 
tying. 


mind  as  to  endanger  liis  own  person,  or  the  person  or  property  of 
others,  then  he  or  she  shall  be  confined  in  some  suitable  place, 
and  a notice  thereof  in  writing,  as  aforesaid,  given  ; and  a bill 
for  all  expenses  necessary  in  providing  for  the  persons  herein 
mentioned  shall  be,  with  the  proper  vouchers,  presented  to  the 
county  court*  of  St.  Louis  county,  for  payment. 

ARTICLE  VIII. 

J\^uisances. 

Section  1.  Each  and  every  tenement  within  this  city,  used  as 
a dwelling  house,  shall  be  furnished  with  a suitable  privy,  the 
vault  of  which  shall  be  sunk  under  ground  at  least  ten  feet  deep, 
and  walled  up  with  brick  or  stone,  and  shall  be  so  constructed 
that  the  inside  of  the  same  shall  be  at  least  two  feet  distant  from 
the  line  of  every  adjoining  lot  (unless  the  owner  of  the  adjoining 
lot  shall  otherwise  agree),  and  also  the  same  distance  from  every 
street,  lane,  or  avenue. 

Sec.  2.  The  mayor,  upon  being  satisfied  that  any  tenement 
so  used  is  not  provided  with  a suitable  privy,  shall  give  notice  in 
writing  to  the  owner  thereof,  or  his  agent,  if  either  be  an 
inhabitant  of  this  city,  or,  if  otherwise,  public  notice  in  the 
newspapers  employed  by  the  city,  requiring  such  owner  or  agent, 
within  a time  to  be  designated  by  the  city  engineer,  to  cause  a 
proper  and  sufficient  privy  to  be  constructed  for  such  tenement ; 
and  in  case  of  neglect  or  refusal  to  obey  such  notice,  the  city 
engineer  shall  cause  such  privy  to  be  made  for  such  tenement, 
and  charged  as  a special  tax  upon  such  tenement  and  the  ground 
attached  thereto,  to  be  levied  and  collected  as  other  special 
taxes. 

Sec.  3.  No  privy  shall  be  emptied  between  the  fifteenth  day 
of  June  and  the  fifteenth  day  of  September,  unless,  on  inspec- 
tion, the  engineer  or  health  officer  shall  be  satisfied  that  the  same 
is  absolutely  necessary  for  the  health  and  comfort  of  the 
inhabitants  ; and,  in  such  case,  no  more  of  the  contents  of  said 
privy  shall  be  taken  away  than  shall  be  deemed  absolutely 
necessary  for  present  safety  arid  relief  ; and  with  such  precau- 

* '■J’he  word  ‘ •coinniissionors,  ” in  tlie  original  ordinanoo,  is  changed 
by  ordinance  No.  5478,  whicli  went  into  ell'eet  December  24,  1804. 


HEALTH  DErARTMENT. 


421 


tions,  relative  to  the  preventing  of  any  offensive  eflluvia,  as  tlie 
mayor  may  direct. 

Sec.  4.  Tdie  owner  or  occupant  of  miy  premises  where  tubs  tuIjs  tobecinp- 

. . . tied  every  two 

or  other  vessels  are  used  in  a privy,  shall  not  permit  the  same  to  days, 
remain  more  than  two  days  without  being  emptied. 

Sec.  5.  No  nrivv  shall  he  emptied  at  any  other  time  than  I’livies  to  be 

^ ^ •-  emptied  at  cer- 

between  the  hours  of  twelve  p.  M.  and  four  A.  M.  tain  hours. 

Sec.  6.  All  house  offal,  whether  consisting  of  animal  or  House offai, how 
vegetable  substances,  shall  be  deposited  in  convenient  vessels, 
and  kept  in  some  convenient  place,  to  be  taken  away  by  the  city 
scavengers. 

Sec.  7.  No  person  shall  throw  into  any  highway,  thorough-  no  article  to  ue 

e 1 . 1 T 1 *1  111  thrown  into 

rare,  or  other  public  place,  any  animal  or  vegetable  substance  highway, 
whatever,  or  any  straw,  hay,  ashes,  soot,  or  any  article  or 
substance  whatever. 

Sec.  8.  No  person  shall  conduct  into  any  highway,  thorough-  No  aith  to  bo 
fare,  or  other  public  place,  any  filth  or  unclean  water  from  his  higii^ay. 
house,  kitchen,  or  other  tenement,  or  suffer  any  such  water  to 
escape  from  his  premises  upon  any  such  place. 

Sec.  9.  The  owner  or  occupant  of  any  livery  or  other  stable  stabie.s,  how  to 

^ 1 kept. 

within  this  city  shall  keep  his  stable  and  stable-yard  clean,  and 

shall  not  permit  more  than  two  cart-loads  of  manure  to 

accumulate  and  remain  in  or  near  the  same  at  any  one  time, 

between  the  first  day  of  May  and  the  first  day  of  November;  nor  No  horse,  etc., 

shall  he  wash  or  clean  any  ctirriage  or  horse,  or  cause  it  to  be 

washed  or  cleaned,  on  any  street,  sidewalk,  or  other  ])ublic  place, 

nor  suffer  any  water  used  in  washing  horses  or  carriages  to  flow 

over  and  spread  on  any  sidewalk. 

Sec.  10.  No  butcher,  or  other  person,  shall  kill  or  slaughter  siaugiuer- 
any  beeves,  sheep,  or  other  animals,  within  this  city,  unless  the  be  conducted, 
house,  yard,  pen,  or  place  where  such  killing  shall  take  place,  be 
provided  with  a tight  plank  lloor,  or  be  paved  with  brick  or  stone  ; 
if  paved  Avith  brick  or  stone,  then  the  earth  beloAv  it  shall  be 
sufficiently  solid  to  prevent  its  becoming  a receptacle  of  filth  and 
offensive  matter.  The  pavement,  in  every  case,  shall  be  made 
with  a descent  toAvards  a gutter,  Avhich  shall  pass  through  the 
same,  and  leading  to  a tub  or  reservoir,  Avhich  shall  be  placed 
to  receive  the  blood  and  offal  passing  therein,  Avhich  shall  be 
emptied,  at  the  end  of  each  day  Avhen  killing  has  been  done  on 


422 


IIEAI.TH  DEPARTMENT. 


To  be  whitp- 
wasJted. 


NauHeoub  liquor 
not  to  be  con- 
ducted into 
street. 


Putrid  fat,  etc., 
not  to  be  kept  in 
city. 


Hogs  not  to  be 
kept  in  city. 


Filth,  etc.,  not 
to  be  deposited 
on  ground. 

Green  hides  not 
to  be  kept  in 
city. 


street  inspect- 
ors may  remove 
nuisances. 


Hogs  at  large, 
declared  nui- 
.sances. 


Hogs  at  large  to 
be  taken  up. 


the  promises,  at  such  place  as  that  no  offensive  effluvia  shall  arise 
therefrom. 

Sec.  11.  Every  slaughter-house  shall  be  whitewashed  at  least 
once  in  each  month,  between  the  first  of*  April  and  the  first  of 
November. 

Sec.  12.  No  distiller,  soap-boiler,  tallow-chandler,  or  dyer, 
in  this  city,  shall,  himself  or  by  another,  discharge  out  of  or 
from  any  still-house  or  work-shop  foul  or  nauseous  liquor  of  any 
kind  whatever,  into  or  upon  any  adjacent  ground,  or  into  any 
street,  alley,  or  other  public  place. 

Sec.  13.  No  soap-boiler  or  tallow-chandler  shall  keep,  collect, 
or  use,  or  cause  to  be  kept,  collected,  or  used,  in  the  city,  any 
stale,  putrid,  or  stinking  fat  or  grease,  or  other  matter. 

Sec.  14.  No  distiller  or  other  person  shall  collect  or  keep 
any  hog  or  hogs  in  a pen,  or  otherwise  confine  any  hog  or  hogs, 
in  this  city,  so  as  to  annoy  or  offend  any  person. 

Sec.  15.  No  person  shall  deposit  any  dead  animal,  or  excre- 
ment, or  filth  from  privies,  upon  any  ground  in  this  city. 

Sec.  16.  No  person  shall,  in  this  city,  place  any  green 
unsalted  hides  in  any  house,  store,  cellar,  shed,  yard,  or  any 
open  or  unopened  place,  for  the  purpose  of  storage,  shipment, 
or  otherwise,  not  to  exceed  six  hours. 

Sec.  17.  The  street  inspector,  or  such  other  officers  or  agents 
as  may  be  designated  or  em])loyed  by  the  board  of  health  for  that 
])urpose,  are  authorized  to  enter  and  examine  all  cellars  and  other 
places  within  die  city ; if  they  shall  find  any  offensive  substance, 
or  stagnant  or  filthy  water,  to  cause  the  same  to  be  removed  at 
the  expense  of  the  owner  or  occupier  of  the  premises,  unless  such 
owner  or  occupier,  upon  notice,  immediately  cause  the  same  to 
be  removed 

Sec.  18.  That  hogs  running  at  large  in  the  streets  and  other 
public  places,  within  the  old  and  noAv  limits  of  the  city,  be,  and 
are  hereby,  declared  to  be  a nuisance. 

Sec.  19.  No  hogs  of'  any  description  shall  be  permitted  to 
run  at  large  within  the  old  and  new  limits  of  the  city  of  St. 
Louis  ; and  all  hogs  or  pigs  thus  found  shall  be  taken  u})  by  the 
city  marshal  and  ])laced  in  some  secure  ])en  or  })omid,  to  be  by 
him  })rovided  for  that  })urpose. 

Sec.  20.  Whenever  any  hog  or  hogs,  pig  or  t)igs, 


are  thus 


lIEAI/rir  DEPARTMENT. 


428 


tiiken  up,  it  .shall  be  lawful  for  the  city  uiarshal,  and  it  is  hereby  up 

made  his  duty,  to  sell  the  same  at  auction,  to  the  highest  bidder,  auction. 

for  cash,  after  having  given  three  days’  notice,  by  advertising  in 

the  newspapers  doing  the  city  printing,  of  the  time  and  place  of 

such  sale ; and  the  place  of  such  sale  shall  be  in  the  rear  of  nlalme^r'oTsaie'* 

(’enter  market,  on  Eighth  street,  and  the  time  of  such  sale  shall 

be  during  market  hours,  after  seven  o’clock  a.  m.  ; and  the  mode 

of  such  sale  shall  be  by  selling  each  animal  separately ; and  the 

money  arising  therefrom  shall,  after  the  expenses  of  taking  up  and 

selling  the  same  are  deducted,  be  paid  over  to  the  OAvner  or 

oAvners,  on  their  proving,  to  the  satisfaction  of  the  city  marshal, 

that  the  property  of  such  hog  or  hogs,  pig  or  pigs,  is  in  them  ; 

but  if  no  OAvner  appear,  the  said  money,  after  deducting  the  costs 

aforesaid,  shall  be  paid  into  the  city  treasury. 

Sec.  21.  It  shall  be  the  duty  of  the  city  marshal,  at  all  times,  Marshal  may 
to  take  up  any  and  all  hogs  or  pigs  running  at  large  Avithin  the  ams  to  take  up 
above-described  limits,  and  employ  tAvo  or  more  persons  to  aid 
him  in  carrying  into  effect  the  provisions  of  this  ordinance. 

Sec.  22.  All  expenses  for  taking  up  and  selling  hogs  or  pigs  K-xpenses  oi 
shall  not  exceed  two  dollars  per  head.  uf- 

Sec.  28.  Hereafter  it  shall  not  be  lawful  for  any  jierson  or  Penalty  tor 

, , . . , , . ...  ke(‘ping  hogs  iu 

persons  to  keep,  in  any  inclosure  or  otlierAvise,  any  hogs  Avithin  city, 
the  limits  of  the  city  of  St.  Louis  ; and  the  OAvner  or  OAvners, 
consignee  or  agent,  of  any  hogs  so  kept,  shall  forfeit  and  pay  a 
sum  not  less  than  one  dollar  nor  more  than  live  dollars  for  each 
hog;  Avhich  fine  shall  be  collected  as  other  fines,  and  paid  into 
the  city  treasury. 

Sec.  24.  (loats  found  running  at  hirge,  in  the  streets  or  other  ooats  at  large 

XT,  , . . , , , , , , declared  nui- 

puolic  places  or  this  city,  are  declared  to  be  a public  nuisance;  sauces, 
and  if  any  goat  shall  be  found  going  at  large  as  aforesaid,  the 
owner  shall  forfeit  and  pay  five  dollars. 

ARTICLE  IX. 

(Carcasses  of  Dead  Animah. 

Section  1.  It  shall  be  the  duty  of  all  street  inspectors  to  carcas.ses  to  be 

^ reported  to  clerk 

reiiort  to  the  clerk  of  the  lioard  of  health  every  carcass  and  the  i^card  of 
remains  of  any  dead  horse,  mare,  mule,  ox,  steer,  coav,  ass,  hog, 
sheep,  goat,  (big,  or  other  animal,  Avhich  they  may  find,  or  of  the 


424 


HEALTH  DEPARTMENT. 


To  be  entered 
into  a book. 


Book  to  be  open: 
any  person  may 
report  carcass. 


Certain  parties 
to  remove  car- 
casses. 


Time  and  man- 
ner of  removing 
carcasses. 


Bond  to  be  giv- 
en by  parties. 


existence  of  which  within  the  city  limits  they  may  be  informed, 
as  soon  as  may  be,  and  within  six  hours  after  such  fact  shall 
come  to  their  knowledge ; and  the  clerk  of  the  board  of  health 
shall  enter  such  report  in  a book  to  be  kept  for  that  purpose, 
and  designate  therein  the  locality,  as  near  as  the  same  can  be 
ascertained  by  him,  where  such  carcass  or  remains  were  found; 
also,  the  hour  when  reported. 

Sec.  2.  The  aforesaid  book  shall  at  all  times  be  open  to  the 
inspection  of  the  public ; and  every  person,  other  than  the  officers 
designated  in  the  first  section  of  this  ordinance,  may  report  the 
existence  ot*  any  carcass,  or  the  remains  of  any  dead  animals 
above  enumerated,  within  the  city  limits,  to  the  clerk  of  the 
board -of  health,  or  to  any  street  inspector. 

Sec.  3.  It  shall  be  the  exclusive  privilege  and  duty  of  Albert 
Feger  and  Gottlieb  Futterknecht,  for  a period  of  ten  years  from 
the  sixteenth  of  September,  eighteen  hundred  and  fifty-six,  to 
remove  out  of  the  city  all  carcasses  and  remains  of  dead  animals, 
enumerated  in  section  first,  within  six  hours  after  a report  thereof 
shall  be  made  in  conformity  with  the  first  and  second  sections  of 
this  ordinance,  and  to  appropriate  them  to  their  own  use  ; taking 
care  that  the  carcasses  of  said  animals  shall  be  conveyed  away  in 
the  most  inoffensive  manner  possible,  causing  them  to  be  covered 
with  a tarpaulin,  or  otherwise  ; and  the  drivers  of  the  teams 
conveying  away  said  carcasses  shall  not  stop  on  the  Avay,  unless 
detained  by  some  unforeseen  accident,  under  a penalty  of  five 
dollars  for  each  offense  ; which  fine  shall,  upon  the  conviction 
of  any  drivers  of  said  teams,  be  recovered  according  to  city 
ordinances. 

Sec.  4.  The  aforesaid  Albert  Feger  and  Gottlieb  Futterknecht 
shall,  before  they  shall  be  authorized  to  perform  the  duties  and 
enjoy  the  privileges  granted  to  them  in  the  foregoing  section, 
execute  to  the  city  a bond,  with  good  and  sufficient  securities,  in 
the  sum  of  three  thousand  dollars,  to  be  approved  l)y  the  mayor 
and  preserved  in  the  register’s  office,  conditioned  for  the  faithful 
and  punctual  discharge  of  the  duties  imposed  upon  them  by  this 
ordinance  ; said  bond  to  remain  in  force  ten  3^ears  from  the  said 
sixteenth  of  September,  eighteen  hundred  and  fifty-six  : Pru- 
vided^  however^  that  if  at  aiiy  time  before  the  expiration  of 
said  term  of  ten  years  the  said  Albert  Feger  and  Gottlieb  .Eutt('r- 


HEALTir  1)E1>ARTMENT. 


4-25 


knoclit  sliiill  be  })i’()liil)ite(l  by  law  or  oinliiiaiice,  or  l)y  the  decision 
of  any  court  of  competent  jurisdiction,  from  exercising  tlie 
privilege  herein  granted,  in  such  event  said  bond  shall  become 
void,  and  the  said  Albert  Feger  and  Gottlieb  Futterknecht  shall 
be  released  from  the  obligations  herein  imposed  upon  them. 

Sec.  5.  Any  street  inspector  avIio  shall  fail  to  fulfill  the  duties  penalties  lor 
herein  imposed  ujion  such  officers,  and  any  person  other  than  the  ordinance, 
aforesaid  Albert  Feger  and  Gottlieb  Futterknecht  who  shall  flay, 
remove,  or  in  any  manner  interfere  with  the  carcasses  or  remains 
of  any  dead  horse,  mule,  ass,  ox,  steer,  cow,  sheep,  hog,  goat, 
or  dog,  found  within  the  limits  of  this  city,  shall  be  adjudged 
guilty  of  a misdemeanor,  and  be  fined  a sum  not  exceeding  one 
hundred  dollars;  but  the  provisions  of  this  section  shall  not 
prevent  the  owner  of  any  such  dead  animal  from  removing  the 
same  out  of  the  limits  of  the  city.  The  third,  fourth,  and  fifth  Limitations  ot 

this  ordinance. 

sections  of  the  ninth  article  of  this  ordinance  take  effect,  and  are 
in  force,  for  ten  years  from  the  sixteenth  of  September,  eighteen 
hundred  and  fifty-six,  unless  repealed  before  the  end  of  said  term. 

Seg.  6.  Upon  the  failure  of  said  Feger  and  Futterknecht  to  penalty  against 

^ _ parties  failing 

comply  with  the  third  section  of  the  ninth  article  of  this  ordi-  remove  car- 

f casses. 

nance,  or  failing  to  remove  any  dead  animal  within  the  time 
specified,  they  shall  be  subject  to  a fine  of  ten  dollars  for  the  first 
oflense,  and  for  every  subsequent  offense  twenty  tlollars. 

Sej.  7.  It  shall  be  the  duty  of  every  owner  of  any  dead  animal  owner  to  re- 

_ move  carcass 

of  the  kind  enumerated  in  section  first  of  this  article,  and  found  within  certain 

^ time,  or  report. 

dead  within  the  city  limits,  who  may  Avish  to  convert  the  same  to 
his  oAvn  use,  to  do  so  within  twelve  hours  after  the  death  of  such 
animal  ; and  within  the  same  time  to  remove  or  cause  to  be  removed 
without  the  city  limits,  at  his  own  expense,  all  or  any  remains  of 
such  animal  as  Avould  be  liable  to  become  a nuisance;  or,  if  any 
owner  of  any  such  dead  animal  do  not  wish  to  convert  the  same 
to  his  own  use,  then  it  shall  be  his  duty,  within  the  time  herein- 
before prescribed,  if  known  to  him,  to  report  the  death  f)f  any 
animal  to  the  clerk  of  the  board  of  health,  oi'  to  some  street 
inspector. 

Seg.  S.  Any  owner  of  any  dead  animal,  failing  to  connily  with  Penalty  tor  vio- 

^ ^ 1-11  section 

the  retpiii-ements  of  section  seven  of  this  article,  shall  be  adjudged  seventh, 
guilty  of  a misdemeanor,  and  be  lined  a sum  not  exceeding  one 
hundred  dollars  nor  less  than  ten  dollars. 


HEALTH  DEPARTMENT. 


ARTICLE  X. 

Cleaning  Streets  and  the  Removal  of  Slops. 
jiuani  of  health  SECTION  1.  Tlio  boRi'd  ot‘  liealtli  is  hereby  authorized  and 

to  provide  for  ^ 

removaiof  slops.  to  provide,  bj  rules  entered  on  the  record  ofc‘  their 

coiiiiacts,  how  proceedings,  [for]  the  removal  of  slops  ; all  contracts  for  such 
removal  shall  be  for  one  year  from  the  date  thereof,  and  shall 
contain  clauses  that  one  month’s  pay  be  always  held  in  arrears 
until  the  termination  of  the  contract  ; and  that  for  neglect  of 
duty  of  removal,  the  contract  be  annulled  by  order  of  the  board 
of  health,  by  a majority  vote  entered  on  their  record,  a copy 
thereof  being  served  on  the  defaulting  contractor.  In  case  of 
the  contract  being  annulled,  the  month’s  pay  in  arrears,  and  of 
the  fraction  of  such  period  of  time  as  may  be  then  due,  shall  be 
forfeited  by  the  contractor,  and  the  city  shall  not  be  held  liable 
therefor ; such  provision  to  Im  contained  in  the  contract  ; all 
])ayments  to  be  monthly  on  bills  audited  and  allowed  by  the 
board  of  health  ; tlie  rules  of  the  board  in  relation  thereto  to  be 
first  approved  liy  the  mayor  before  they  are  in  force  and  valid, 
and  the  contracts  to  be  approved  by  the  comptroller.  Before 
delivering  contracts  to  be  let  out,  after  advertising  the  letting 
of  the  same  for  five  days  in  the  papers  doing  the  city  printing, 
to  the  lowest  and  best  bidder,  care  being  had  that  good,  reliable 
men  to  do  the  work  alone  are  employed,  which  shall  be  a con- 
sideration in  the  selection  of  the  best  bidder,  the  Imard  of  health 
shall  order  and  direct  to  what  point  slops  shall  be  removed  outside 
of  the  city  limits. 

Board  of  health  2.  Tlic  strccts  of  tlic  city  sluill  bc  cleaned  by  laborers, 

lT?eets  employed  by  and  under  the  control  of  the  board  of  health, 

and  the  street  inspectors  shall  act  as  overseers  of  the  laborers  in 
their  respective  districts.  The  wages  to  be  paid  to  said  laborers 
shall  be  such  as  may  bc  fixed  by  the  board  of  health.  The 
work  provided  for  in  tliis  section  shall  l)c  paid  out  of  the  a])])ro- 
priations  for  cleaning  streets. 

Seu.  2).  A11  work  done  under  the  foregoing  section  shall  be 
done  in  strict  com])liance  with  the  direction  of  the  resjiective 
street  ins})ector,  subject  to  the  contriil  of  the  mayor. 


M<nv  paid. 


1 LEALTl r DEIAVRTMENT. 


427 


Sec.  4.  To  koc])  tlic  ])ave(l  or  niacadainizcd  streets,  T)ul)lic  Mannoroi  ciean- 

^ / iiij;  str(‘<‘ts 

alleys,  markct-plaees,  and  other  public  })laces,  clean,  in  the 
meaning  of  this  ordinance,  the  street  inspectors  shall  cause  all 
market-places  and  streets  adjoining  them  to  be  cleaned  once  every 
day  during  the  months  of  May,  June,  July,  August,  Septend^er, 
and  October  (Sundays  excepted),  and  all  other  streets  and  alleys 
twice  a Aveek  ; and  during  the  months  of  November,  December, 
eJanuaiT,  February,  March,  and  April,  all  market-places  and 
streets  adjoining  them  once  every  day  (Sundays  excepted),  and 
all  other  streets  and  alleys  once  a Aveek,  and  also  remove  the 
ice  from  the  gutters. 


ARTICLE  XI. 


Street  Inspectors. 

Section  1.  The  city  shall  be  divided  into  five  districts,  in  such  City  to  be  divid- 
manner  as  shall  be  decided  by  the  mayor  and  board  of  health  , for  the  appoint- 

. , nient  of  street 

SO  as  to  equalize  the  duties  ot  the  street  inspectors  ; and  one  inspectors, 
street  inspector  shall  lie  appointed  Avithin  each  district,  Avho  shall 
be  a resident  of  the  district  in  Avhich  he  is  appointed;  and  there 
shall  be  appointed  by  the  nniyor,  by  and  with  the  advice  and 
consent  of  the  board  of  common  council,  suitable  jiersons,  one 
from  each  district  in  the  city,  to  be  styled  street  inspectors, 
who  shall  hold  their  office  for  one  year  and  until  their  successors 
are  duly  appointed  and  qualified. 

Sec.  2.  The  said  street  inspectors  shall  have  resided  at  least  Quainications 

. (•  T • • -1  *'*  slroet  in- 

one  year  next  preceding  the  time  ot  their  a])pointment  in  the  ^pector.s 
district  from  Avhich  they  shall  be  respectively  appointed,  and 
shall  kee])  an  office  in  the  same  district,  to  be  designated  by 
some  cons|)icuous  sign. 

Sec.  o.  It  shall  be  the  duty  of  the  street  inspectors  to  Duties  of  street 
attend  the  meetings  of  the  board  of  health,  and,  Avithin  their 
respective  districts,  to  serve  all  jirecepts  and  notices  issued 
by  said  board,  signed  liy  the  jiresident  and  attested  by  the  clerk 
thereof  ; to  execute  all  orders  of  said  board  directed  to  them  ; to 
attend  to  the  abatement  and  removal  of  nuisances,  and  to  })erforin 
such  other  duties  in  relation  to  nuisances  as  said  board  may 
direct ; and,  as  often  and  in  such  manner  as  may  be  required  of 
them,  to  examine  the  condition  of  all  streets,  lanes,  avenues, 


428 


HEALTH  DEPARTMENT. 


alleys,  marlcet-places,  and  public  srpiares  of  the  city,  and  report 
to  said  board  all  nuisances  found  therein  ; to  notify  persons  upon 
whose  premises,  or  ])reniises  occupied  by  them,  any  nuisance 
may  exist,  to  remove  the  same  ; and,  if  it  be  not  removed  forth- 
with, to  make  report  thereof  in  writing  to  the  said  board ; to 
visit  at  least  once  a week,  and  oftener  when  required  by  said 
board,  every  part  of  their  respective  districts  ; to  arrest,  in  the 
same  manner  that  one  of  the  day  or  night  guard  could  do,  any 
person  found  violating  any  city  ordinance  which  relates  to  the 
sanitary  regulations  of  the  city  ; and  to  watch  for  and  arrest 
persons  throwing,  or  permitting  to  be  thrown,  from  their 
premises,  into  the  streets  and  alleys,  any  filth  or  other  matter 
prohibited  by  ordinance  ; and  in  other  respects  to  exercise  the 
utmost  diligence  in  enforcing  the  ordinances  in  regard  to  their 
special  department. 

Further  duties  Sec.  4.  The  street  inspectors  shall  keep  a correct  and  full 
specters.  account,  ill  Suitable  books,  of  all  expenses  incurred,  with  whom, 
and  on  what  account,  and  whether  payable  by  the  city  or  by 
individuals  ; and  a like  account  of  all  moneys  expended,  to  whom 
paid,  and  on  what  account;  and  shall,  at  the  end  of  every  month, 
render  to  the  board  of  health  an  account  of  all  expenses  that 
may  have  accrued  under  their  authority ; and,  upon  the  board 
certifying  the  correctness  of  the  same,  the  auditor  shall  audit  the 
same  and  issue  his  warrant  therefor,  payable  out  of  appropriation 
for  health  department. 

Permits  for  re-  Sec.  5.*  Permits  may  be  granted  by  the  health  officer,  or  any 
sauces  may  be  member  of  the  board  of  health,  for  cleansing  of  privies  or  the 
removal  of  any  nuisance : Provided no  privy  shall  be  emptied 
except  as  provided  by  ordinance  in  relation  to  nuisances. 

Street  inspect-  Sec.  6.  Each  street  inspector  shall,  at  least  once  in  every 
report  slaughter  week,  froiii  the  fii'st  of  May  to  the  first  of  November,  enter  and 
examine  every  slaughter  house  and  yard  Acithin  his  district,  and 
report  to  the  recorder  any  violation  of  ordinance  in  relation 
thereto,  and  sliall  accompany  such  report  with  a list  of  names  of 
the  witnesses  by  whom  the  facts  contained  in  such  report  are 
expected  to  he  jiroved. 

* A part  of  this  soetioii,  in  the  orio^inal  onlinance,  is  rejiealed  by  onli- 
(lanceNo.  5478,  tlie  same  matter  being  contained  in  section  ninth  of  the 
same  article. 


IIEALTU  DEPARTMENT. 


429 


Sko.  7.  The  said  street  inspectors  shall  examine  the  state  of 
streets  within  their  districts,  from  time  to  time,  and  report  to  the 
city  engineer  such  as  need  repairing  ; and  generally  follow  such 
directions  and  observe  such  regulations  as  he  shall  establish 
touching  the  performance  of  the  duty  respectively  required  of 
them  ; and  to  superintend,  within  their  respective  districts,  the 
cleaning  of  the  streets,  alleys,  avenues,  market-places,  and  public 
squares ; to  cause  the  same  to  be  cleaned  and  kept  clean ; to 
remove  or  cause  to  be  removed  thence,  immediately,  all  filth, 
dirt,  rubbish,  dead  animals,  and  nuisances  of  every  description  ; 
and  further,  to  see  that  all  kitchen-slops  and  decayed  animal  and 
vegetable  matter  are  removed,  without  delay,  from  dwelling- 
houses,  in  such  vehicles  as  are  prescribed  by  ordinance  for  that 
purpose  ; and  for  the  purpose  aforesaid  they  are  hereby  authorized 
to  employ,  by  and  with  the  approval  of  the  mayor,  any  number 
of  hands  and  carts  necessary,  by  the  day,  week,  or  month. 

Sec.  8.  It  shall  be  the  duty  of  the  said  street  inspectors,  further: 

First — To  act  as  officers  of  the  board  of  health  in  the  removal 
or  abatement  of  nuisances,  and  in  such  other  matters  as  the  board 
may  direct. 

Second — To  notify  persons  on  whose  premises  any  nuisance 
may  exist  to  remove  the  same ; and,  if  it  be  not  removed  within 
twenty-four  hours  after  such  notice,  to  report  the  same  to  the 
recorder;  and  the  party  or  parties  so  refusing  to  obey  such  notice 
shall,  upon  conviction  before  the  recorder,  be  subject  to  pay  a fine 
of  not  less  than  five  nor  more  than  five  hundred  dollars,  to  be 
recovered  as  in  other  cases  of  breach  of  city  ordinances.* 

Sec.  9.  The  street  inspectors  are  authorized  to  enter,  in  the 
day-time,  and  examine,  all  cellars,  privies,  out-houses,  slaughter- 
houses, yards,  inclosurcs,  and  tenements,  within  their  respective 
districts ; and  whenever  nuisances  exist,  or  filth  is  suffered  to 
accumulate,  to  direct  the  owner  or  occupant  of  the  premises  forth- 
with to  remove  the  same;  and  if  such  removal  be  not  made  within 
twenty-four  hours,  the  facts  shall  be  reported  to  the  recorder; 
and,  upon  conviction  had  before  him,  the  party  or  parties  so 
failing  or  refusing  to  obey  such  notice  shall  be  subject  to  a pen- 

*Thls  section,  in  tiie  original  ordinance,  contained  two  further  subdi- 
visions, which  are  repealed  by  ordinance  No.  5478. 


Further  duties 
of  street  in- 
spectors. 


Further  duties 
of  street  in- 
spectors. 


Powers  and  du- 
ties of  street  in- 
spectors in  re- 
gard to  nuisan- 
ces. 


43(1 


HOUSE  OF  REFUGE. 


Nuisaticps  to  be 
ahiuvi  at  cost  of 
owners  . 


Expense  of  re- 
moving nui- 
sance, how  paid. 


Penalty  for  ile- 
positinK  refuse 
in  streets. 


alty  of  not  less  than  five  dollars  nor  more  than  five  hundred 
dollars,  to  be  recovered  as  in  other  cases  of  fines  for  breach  of 
citv  ordinances. 

Sec.  10.*  In  all  cases  where  notice  shall  have  been  given  by 
the  street  inspector  to  parties  to  remove  nuisances  on  their  prem- 
ises, and  said  parties  shall  have  neglected  to  remove  the  same,  or 
make  a commencement  so  to  do,  in  a manner  satisfactory  to  said 
street  inspector,  within  twenty-four  hours  after  such  notice  is 
given,  it  shall  be  the  duty  of  said  street  inspector  to  cause  such 
nuisance  to  be  removed,  without  delay,  at  the  cost  of  the  occupant 
of  said  premises. 

Sec.  11.  The  expense  of  removing  any  nuisance  from  any 
private  property  shall  be  paid  in  the  first  instance  by  the  city,  but 
shall  be  chargeal)le  to  and  paid  by  thd  owner  or  occupant  of  the 
premises,  and  shall  be  placed  in  the  hands  of  a collector  for 
collection,  as  other  taxes. 

Sec.  1*2.  The  street  inspectors  of  the  several  districts  where 
markets  may  be  located  shall  report  to  the  recorder  all  persons 
found  depositing  refuse  vegetables,  hay,  or  straw,  on  the  streets 
of  said  markets  ; who  shall,  upon  conviction,  be  fined  not  less 
than  one  dollar  nor  more  than  ten  dollars,  to  be  recovered  as 
other  penalties  for  misdemeanors. 

Approved,  September  5,  1864. 


(No. 

HOUSE  01 

AN  ORDINANCE  IN  RELATION  TO 

Abandoned  children^  may  be  cotn- 
initted  to  house  of  refuse. ...^  9 


Appropj'iations  f o r b o u s e o f 
refuse  to  be  made  aiiimally,  2 
to  t)e  imder  control  of  l)oard 

of  mana<rers 9 

Bond,  superintendent  of  house 

of  ndu^'c  to  g^ive 5 

Board  of  managers,  to  control 
bouse  of  refui^e I 


5416.  ) 

REFUCxE. 

HE  ST.  LOUIS  HOUSE  OF  REFUGE. 

Board  of  managers,  their  pow- 
ers and  duties ^ 2,  8,  4,  5,  f> 


to  fix  and  approve  bond  of 

superintendent 5 

Children,  abandoned,  may  be 
committed  to  house  refuse  9 

inmates  of  bawdy-houses,  etc., 

may  be  committed tt 

Clerk  of  police  court,  to  enter 
eommitimmts  in  book 7 


*The  tenth  section,  and  also  the  last  part  of  the  eleventh  (here  tenth) 
section,  of  the  ori<?inal  ordinance,  are  repealed  by  ordinance  No.  5478. 


HOUSE  OF  HEEUOE. 


un 


Common  conncil.  board  of  inan- 

a^UH'rs  lo  ivi)ort  to ^ -4 

Councilmcn,  two,  may  ('oiiimit 

to  bouse  of  refui>‘e 1) 

Expenditure, s for  bouse  of  refuse, 

sup(‘riutemleut  to  I'eport 5 

House  of  refuge  and  reform,,  es- 

tabiisbed 1 

bow  {^oiitrolbal 1 

location  of 1 

to  constitute  dei)artineut 2 

wlio  liable  to  coiiliuemeiit  iu,...7,  JJ 
bow'  loii^  convicts  to  remain 

in 9 

Inmates  of  house  of  refuge^  board 
of  managei-s  may  appren- 
tice   3 

how'  employed 3 

bow'  discbarg’cd 3 

superintendent  to  report  num- 
ber of 5 

Juvenile  0 fenders,  bouse  of  refuge 

estar)lisbed  for 1 

Marshal  (city),  to  deliver  con- 
victs to  superintendent 7 

to  return  commitimuits  to 

clerk  of  police  court 7 

Matron  of  house  of  refuge,  board 

of  managers  to  appoint 5 

to  tix  sabu-y  of 5 

term  of  oflice  of. 5 

Mayor,  may  commit  to  bouse  of 

refuge 9 

to  njduce  t(*sliinony  against 

convict  to  writing.' 11 

Officers,  board  of  managers  to 
aj)point 5 


I Offiicers,{o  lix  salary  of. ^ 5 

I term  of  ollicc^  of. 5 

I Orders  on  treasurer,  to  be  drawn 
by  cliaiianan  and  secretary 

oi'  boai-d  of  managers (J 

in  favor  of  superintendent,  not 

to  exceed  certain  amount (> 

Folice.  to  enforce  certain  ordi- 
nance*  10 

Record  of  convicts,  sujierintend- 

! ent  to  keep 8 

wbat  to  contain 8 

Record  of  proceedings , board  of 

managers  to  k(*ep 4,  (> 

Recorder,  may  commit  to  house 

of  refuge 7 

to  i-edu(;e  certain  testimony  to 

writing 11 

Report  of  board  of  managei’S, 

wbat  to  contain 4 

I of  supetriiitendent,  wbat  to 

contain 5 


Rules  and  regulations , boiird  of 
managers  to  make 


of  superintend(*nt,  bow  tixed. 
Settlement,  superintend(*nt  to 
make 


Superintendent  of  house  of  refuge, 

bow'  appointed 

salary  of,  bow  tixed 

term  of  olHce  of,  bow'  tixed 

bis  })owers  and  duties 5,  7 

Te.dimony  against  convicts,  su- 
pei'intendent  to  pi'cserve 


2 

5 

5 

5 

5 

T) 

5 

5 

8 

11 


Be  il  ordained  hy  the  Cmnimm  Council  of  the  City  of  St, 
Louis  . 


Section  1.  Tlierc  is  herein'  estahlislied  a liouse  oF  refuge  and  House  of  refuiio 
reform  for  juvenile  offenders,  which  shall  he  known  hy  the  name 
of  the  St.  Louis  House  of  llefuge,  and  which  shall  he  under  the 
control  of  a hoard  of  managers,  as  provided  for  and  in  conformity 
w'ith  an  act  of  the  general  a-ssendtly  of  the  State  of  Missouri, 
approved  Eeltruary  *28,  IHoo  ; and  the  block  of  ground  designated 
in  said  act  is  herclty  set  a})art  and  appropriated  for  the  location 
of  said  institution. 

Sej.  2.  Said  house  of  refuge  shall  constitute  one  of  the  supportofi. 
<lepartments  of  the  city  goTcrnment,  and  an  annual  appro|)riation 
shall  he  made  for  its  support,  which  shall  he  based  u])on  the 
estimates  made  by  the  board  of  managers  ; and  said  appro- 
])riation  shall  be  sjtecially  reserved  for  the  use  of  the  said  house 
of  refuge. 


432 


HOUSE  OF  REFUGE. 


Powers  and  du- 
ties of  board  of 
iiianagors. 


Board  to  keep 
record  and  re- 
port to  common 
council. 


Superintendent 
and  matron  to 
be  appointed  ; 
to  fix  salaries  of 
officers. 

.Superintendent, 
dutie.s  and  pow- 
ers of. 


Sec.  3.  The  board  of  managers,  provided  for  in  the  act  of  the 
general  assembly  referred  to  in  the  first  section  of  this  ordinance, 
shall  have  the  control  and  management  of  the  house  of  refuge 
and  reform,  together  with  the  grounds  attached.  They  shall 
make  sucli  rules  and  regulations  for  the  government  of  the  estab- 
lishment as  may  be  necessary  and  useful.  They  shall  visit  the 
house  of  refuge  at  least  once  in  each  month,  and  shall  decide 
upon  the  manner  in  which  the  inmates  shall  be  employed,  and  the 
place  of  employment,  and  see  that  all  rules  and  the  ordinances  of 
the  city  concerning  said  house  of  refuge  are  observed.  They 
shall  have  power  to  apprentice  any  person  confined  therein  to 
some  useful  trade  or  occupation,  to  be  chosen  by  said  person, 
until  the  time  when  such  person  shall  reach  the  age  of  twenty- one 
years,  if  a male,  and  eighteen  years,  if  a female.  They  may  at 
any  time  discharge  any  inmate  of  said  house  of  refuge,  if  they 
shall  deem  such  a discharge  advisable. 

Sec.  4.  The  board  of  managers  shall  keep  a record  of  their 
proceedings,  and  shall  report,  on  the  first  Monday  in  May  in  each 
year,  to  the  common  council,  the  fiscal  affairs,  management,  and 
condition  of  the  house  of  refuge,  and  shall,  at  the  same  time, 
furnish  an  estimate  of  the  amount  of  appropriations  necessary 
for  the  support  of  the  institution  during  the  ensuing  year. 

Sec.  5.  The  board  of  managers  shall  appoint  suitable  persons 
for  superintendent  and  matron  of  the  house  of  refuge,  and  such 
other  officers  as  may  be  necessary,  and  shall  fix  their  salaries  and 
terms  of  office.  The  superintendent  shall  have  the  immediate 
control  of  the  persons  committed  to  the  house  of  refuge,  and  the 
care  and  custody  of  all  the  property  and  grounds  belonging  to  the 
establishment,  and  shall  see  that  the  rules  and  regulations  adopted 
by  the  board  of  managers  are  strictly  observed.  lie  shall  give 
bond,  with  sufficient  security,  to  be  approved  by  the  board  of 
managers,  in  such  sum  as  the  board  may  determine,  conditioned 
for  the  faithful  performance  of  his  duties,  and  the  accounting  for 
all  moneys  that  may  come  into  his  hands.  He  shall  be  subject, 
in  all  matters  pertaining  to  his  official  conduct,  to  such  rules  and 
regulations  as  may  be  made  by  the  board  of  managers.  He 
shall  make  settlement  with  the  board  of  managers  at  such 
times  as  the  board  may  fix,  and  shall,  at  least  once  in  each  year, 
furnish  the  board  with  a detailed  rejioi’t  of  the  expenditures  of 


HOUSE  OF  REFUGE. 


tlie  institution,  tlic  nninber  of  inmates,  tlic  iniml)er  received, 
discliarged,  or  apprenticed,  with  all  other  facts  rccpiired  hy  the 
hoard. 

Sec.  6.  All  appropriations  made  hy  the  common  council  for  Appropriations 

1 T oil  00  10 

the  support  and  maintenance  ot  the  house  or  retuge  and  retorm  charge  of  man- 

shall  he  subject  to  the  order  of  the  board  of  managers,  and  may 

he  drawn  out  of  the  treasury  in  such  sums  as  the  hoard  deem 

necessary,  upon  the  order  of  the  acting  chairman  and  secretary 

of  the  board  ; and  the  hoard  of  managers  shall  keep  a record  of 

their  proceedings,  in  which  they  shall  state  the  object  for  which 

all  orders  were  drawn.  Said  hoard  may  draw  orders  from  time 

to  time  in  favor  of  the  superintendent,  for  such  sums  as  may  be 

required  for  the  daily  purchases  for  said  house  of  refuge  and 

reform,  such  orders  not  to  exceed  the  sum  of  one  hundred  dollars 

at  any  one  time. 

Sec.  7.  Every  male  person  under  the  age  of  sixteen  years,  who  may  be 
and  every  female  under  the  age  of  fourteen  years,  who  may  be  hous^o^^Tefige. 
convicted  by  or  before  the  recorder  of  the  city  of  St.  Louis  of  a 
violation  of  any  city  ordinance,  or  who  shall,  under  existing 
laws  of  the  State  of  Missouri,  or  such  as  may  hereafter  be 
enacted,  be  liable  to  confinement  in  the  county  jail  of  St.  Louis 
county,  or  the  penitentiary  of  the  State  of  Missouri,  may,  at 
the  discretion  of  the  recorder,  or  the  court  rendering  judgment, 
be  dealt  with  according  to  the  usual  course  of  law  in  such  cases, 
or  may  be  convicted  to  be  jilaced  in  the  house  of  refuge  and 
there  detained  until  he  or  she  shall  have  reached  the  age  of 
twenty- one  years,  unless  sooner  discharged  by  the  board  of 
managers  ; and,  in  case  of  such  conviction,  it  shall  be  the  duty 
of  the  city  marshal  to  deliver  the  ofiender  to  the  superintendent  Duties  of  inar- 
of  the  house  of  refuge,  together  with  a copy  of  the  commit-  oiremiors  to  su- 
ment ; and  said  superintendent  shall  endorse  thereon  a receipt 
for  such  ofiender,  with  the  date  of  his  delivery,  which  shall  be 
by  said  marshal  returned  to  the  clerk  of  the  police*  court,  who 
shall  enter  the  same  in  a book  to  be  kept  for  that  purpose,  and 
file  the  same  among  the  records  of  his  office. 

Sec.  8.  The  superintendent  shall  keep,  in  a well-])Ound  book,  supeiiutendeut 
a record  of  the  names  of  all  persons  committed  to  the  house  of  of  imsoners.”"* 

* The  word  “recorder’s,”  in  tlie  original,  is  elianged  to  “police”  by 
ordinance  No.  5473,  approved  December  ID,  18(14. 

28 


434 


INSPECTION  DEPARTMENT. 


Abandoned  chil- 
dren may  be 
committed. 


Duty  of  police 
to  enforce  pre- 
vious section. 

Testimony  to  be 
reduced  to  writ- 
ing. 


refuge,  their  age  at  the  time  of  commitment,  and  the  cause  for 
which  they  were  committed ; and  shall  also,  when  any  inmate  of 
the  house  of  refuge  shall  he  discharged  or  may  escape  there- 
from, or  shall  in  any  manner  leave  or  be  taken  from  the 
institution,  enter  the  facts  and  the  date  opposite  the  name  of 
the  person  in  the  book  above  mentioned. 

Sec.  9.  Every  child  found  in  the  city  of  St.  Louis  in  a state 
of  want  or  abandonment,  or  grossly  neglected  or  ill-treated  by 
its  parents  or  persons  having  its  charge,  or  soliciting  charity 
from  door  to  door,  or  in  any  street  or  highway,  or  public  place, 
and  every  child  of  every  person  in  said  city  convicted  of  being  a 
common  prostitute,  or  keeper  of  a bawdy-house  or  house  of 
resort  for  prostitutes,  or  of  assignation;  and  every  child  found 
in  such  house  may,  on  sufficient  proof  of  any  of  such  facts  be- 
fore the  mayor  or  recorder  of  the  city,  or  any  two  councilmen, 
be  committed  to  the  house  of  refuge  in  the  same  manner  as 
provided  in  the  seventh  section  of  this  ordinance. 

Sec.  10.  It  is  hereby  made  the  special  duty  of  the  police  of 
the  city  to  enforce  the  provisions  of  the  preceding  section. 

Sec.  11.  In  all  cases  of  commitment  to  the  house  of  refuge 
by  the  mayor,  recorder,  or  any  other  city  officer,  the  testimony 
against  the  person  committed  shall  be  reduced  to  writing  and 
attached  to  the  warrant  of  commitment ; and  such  testimony  shall 
be  filed  and  preserved  by  the  superintendent  for  the  use  and 
inspection  of  the  board  of  managers. 

Approved  August  29,  1864. 


(No.  5452.) 


INSPECTION  DEPAKTMENT. 


AN  ORDINANCE  ESTABLISHING  AND  REGULATING  THE  INSPECTION 

DEPARTMENT. 


Appeal  from  inspectors,  howto  be 

taken IV,  I 8 

costs  of,  Ilow  paid IV,  0 

Avhat  di'cnied  costs  of. IV,  10 

Auditor^  to  audit  ac(;onnts  for 

t(‘stin«- i)ui)lic  scales IV,  5 

Barrels.,  for  beef  or  pork, 

lations  concerning 1 , 4 


Bar7'els,  how  inncli  to  contain  1.  ^4,  (> 


Beef.,  ])rovisions  for  insp(‘ction 

of. I . 

olhaHMl  for  sale  in  barrids  or 

half-l)ai-r(‘ls I,  2 

how  classilic'd I,  0 

inbMTuixin^j:  after  inspection, 
p(Mialty I,  7 


INSrECTION  DEPA RTMENT. 


4Hr) 


Beef,  coinpeiisatioii  to  inspect- 
or for  storing- I,  ^ 8 

tainted,  to  be  marked  “coii- 

deinned” I,  9 

Bratids,  altering  or  chaiio-in^  af- 
ter inspection 1,  7;  IV,  7 

Classification  of  beef. I,  (> 

of  pork I,  5 

Common  council,  inspector  of  beef 

and  pork  to  report  to G 

Compensation  to  inspector,  forcer- 

tain  articles  used I,  3 

for  inspecting  tallow  or  lard...I,  5 

for  storing  beef  or  pork I,  8 

'‘Condemned,’’'’  what  to  be  brand- 
ed as I,  9 

Cooperage,  inspector  to  be  com- 
pensated for I,  3 

Corn,  standard  weight  of Ill,  3 

refusing  to  have  weighed, 

penalty Ill,  3 

Deputies,  inspector  of  weights 
and  measures  may  appoint  II,  8 
Dry  measure,  what  to  be  sold  by  II,  4 
Expenses  for  salt,  etc,,  inspector 

to  be  compensated  for I,  3 

False  v^eights , etc. , to  be  seized , 

when II,  1 

Fees,  of  inspectors IV. 

of  inspector  of  beef  and  pork  IV,  1 
of  inspector  of  weights  and 

measures IV,  2 

General  provisions  concerning  in- 
spectors  IV. 

Grains,  weight  of  regulated... I II,  1 
Inspection  department  established  1 , 1 

what  to  embrace I,  J 

Inspector  of  beef  and  pork,  how 

appointed I,  1 

powers  and  duties  of I,  2—9: 

IV,  G 

fees  of. IV,  1 

Inspector  of  weights  and  measures, 

how  ajiiiointed I,  1 

provisions  concerning II. 

duties  and  powers  of... II,  2 — 8: 

IV,  4 

fees  of. IV,  2 

fees  of,  on  second  inspection  I V , 4 

Inspectors , fees  of IV. 

general  provisions  concern- 
ing  IV. 

appeals  may  be  taken  from  IV,  8 
not  to  deal  in  articles  in- 
spected  IV,  11 

Intermixing  insj^ected  beef  or 

])ork,  penalty I,  7 

Ijard,  how  to  be  inspected I,  5 

Mayor,  to  aiipoint  inspectors I,  1 

to  appoint  reviewers,  when  IV,  8 
Measures,  provisions  concerning 

inspection  of. II. 

to  be  tested  and  stamped, 
when II,  1,  2,  7 


Measures,  failing  to  have  tested, 

penalty II,  ^ 3 

proximity  to  goods,  evidence 

of  use II,  G 

using  without  being  tested, 

penalty 11,  G 

Oats,  standard  weight  of. Ill,  3 

penalty  for  refusing  to  have 

weighed Ill,  3 

lor  certain  offenses  I,  7; 

II,  3,  5,  G;  III,  3;  IV,  7 

Pork,  provisions  concerning  in- 
spection of. I. 

in  barrels  and  half-barrels  to 

be  inspected I,  2, 

classification  of. 1, 

intermixing  after  inspection, 

' penalty I,  7 

compensation  to  inspector  for 

storing I,  8 

tainted,  to  be  marked  “con- 
demned”  I,  9 

Register  (city),  inspector  of 
weights  and  measures  to  re- 
port to II,  1 

inspector  of  beef  and  pork  to 

report  to IV,  G 

Salt,  expense  for,  allowed  to  in- 
spector  I,  3 

how  much  to  be  used  for 

pork I,  5 

how  much  to  be  used  for 

beef. 1,  G 

Saltpetre,  expense  for,  allowed  to 

in.spector I,  3 

Scales,  to  be  tested  and  stamped, 

wdien II,  1.  2,  7 

failing  to  have  tested,  pen-  , 

alty : II,  3 

proximity,  evidence  of  use. ..II,  G 
using  without  being  tested, 

])enalty II,  G 

Standard  weight  of  grains,  r(*gu- 

lated Ill . 

when  to  he  enforced Ill,  2 

Storage,  comi)ensation  to  in- 

sp<H‘tor  for T,  8 

Tallow,  how  to  be  inspected I,  5 

Weighers  of  hay  and.  stone-coal, 

scales  of,  to  be  tested ...II,  1 

Weights  and  measures , j)rovisions 

for  ins})('ction  of 11 . 

Weights , to  be  tested  a n d 

stamixHl 11,  1,  2,  7 

failing  to  have  tested,  penalty 

II , if 

pi-oximity,  evidence  of  us(‘...If,  G 
penalty  for  using  without  be- 
ing h'sfced IE  f> 

to  be  considered  part  of  scales 

IV,  3 

Wheat  and  grains,  standard 
weight  of. III. 


ej  lO 


486 


INSPECTION  DEPARTMENT. 


Inspection  de- 
T)iirtment  estab- 
lished. 


Inspectors  to  be 
appointed. 


Inspector  of 
beer  and  pork, 
duties  of. 


Compensation 
of  inspector. 


Resrnlations 
concerning  bar- 
rels. 


Classiflcat  jon  of 
pork. 


Be  it  ordained  by  the  Commoix  Couneil  of  the  City  of  St. 

Louis  .• 

AKTICLE  I. 

Inspector  of  Beef  and  Pork. 

Section  1.  A department  of  the  city  government  is  estab- 
lished, to  be  called  the  “Inspection  Department,’’  embracing 
the  inspector  of  beef  and  pork,  and  the  inspector  of  weights 
and  measures ; and  the  mayor  shall  nominate  to  the  common 
council,  for  their  advice  and  consent,  on  or  before  the  third 
Monday  in  May  in  each  year,  one  or  more  inspectors  of  beef 
and  pork,  and  an  inspector  of  weights  and  measures,  subject  to 
the  compensation  and  duties  hereinafter  provided. 

Sec.  2.  It  shall  be  the  duty  of  the  inspector  of  beef  and 
pork  to  inspect,  weigh,  and  determine  the  quality  of  beef  and 
pork,  in  barrels  or  half-barrels,  offered  for  sale  in  this  city, 
when  requested  so  to  do,  according  to  the  grades  hereinafter 
established ; to  brand  the  barrels  inspected,  and  to  deliver  to 
the  person  causing  the  inspection  to  be  made  a certificate  of  the 
number  of  barrels  and  half-barrels  inspected,  and  the  quality 
thereof;  and  to  register,  in  suitable  books,  all  inspections  made, 
with  the  date  thereof,  and  the  name  of  the  person  for  whom 
made,  and  the  number  and  quality  of  the  barrels  and  half- 
barrels. 

Sec.  3.  The  inspector  shall  be  allowed  a reasonable  compen- 
sation, over  and  above  his  fees  for  inspection,  for  any  salt, 
saltpetre,  and  cooperage  which  may  be  necessary  to  make  any 
beef  or  pork  inspected  by  him  merchantalile. 

Sec.  4.  All  barrels  containing  salted  beef  or  pork  shall  be  made 
of  good,  seasoned  white  oak,  free  from  any  defect,  and  every 
barrel  shall  contain  two  hundred  pounds  of  beef  or  pork  ; and 
a quarter-bound  barrel  shall  be  hoojied  with  at  least  twelve  sub- 
stantial hoops,  and  a full-bound  barrel  ivith  at  least  eighteen 
substantial  hoops,  and  half-barrels  shall  be  in  jiroportion  to  the 
foregoing  ; each  barrel  shall  be  branded  ivith  the  first  letter  of 
the  Christian  name  and  the  surname  at  full  length  of  the  inspector  ; 
and  half-barrels  shall  be  in  projiortion  to  the  foregoing. 

Sec.  T).  All  pork  shall  be  carefully  insjiected,  and  the  inspector 
shall  not  brand  any  but  such  as  shall  be  well-fattened,  which  shall 


INS  PECl^K  )N  1 )F.VA  IITMENT. 


1)0  assorted  and  divided  into  seven  difl’erent  classes,  to  be  den- 
ominated “extra  clear  pork,”  “clear  pork,”  “mess  pork,” 

“mess  ordinary  (MO)  pork,”  “ pi-inie  mess  pork,”  “prime 
pork,”  and  “rump  pork.”  Extra  clear  pork  shall  consist  of 
sides  of  good  corn-fatted  hogs,  cut  into  strips  of  from  five  to 
seven  inches  wide,  the  fat  to  he  not  less  than  three  and  one-half 
inches  thick,  the  ribs  and  backbone  taken  ont,  the  barrel  to  con- 
tain two  hundred  pounds  net,  and  to  be  branded  “[extra]  clear 
pork  ;”  selection  same  as  mess.  Clear  pork  shall  consist  of  sides  ciearpoik. 
of  good  corn-fatted  hogs,  cut  into  strips  of  from  five  to  seven 
inches  wide,  the  fat  to  be  not  less  than  two  and  one-half  inches 
thick,  the  ribs  and  backbone  taken  out,  the  barrel  to  contain  two 
hundred  pounds  net,  and  to  be  branded  “clear  pork;”  selection 
same  as  mess.  Mess  pork  shall  consist  of  sides  of  good  corn-  Mes^  pork: 
fatted  hogs,  cut  into  strips  of  from  five  to  seven  inches  wide, 
the  fat  to  be  not  less  than  two  and  one-half  inches  thick,  ribs  and 
backbone  left  in,  no  barrel  to  have  more  than  five  flank  and  five 
butt  pieces ; the  barrel  to  be  branded  “mess  pork,”  and  to  contain 
two  hundred  pounds  net.  Mess  ordinary  pork  shall  consist  of  Mess  ordinary 
sides  of  good  corn-fatted  hogs,  cut  into  strips  of  from  five  to 
seven  inches  wide,  to  be  made  of  lighter  sides  than  used  for  mess 
pork,  ribs  and  backbone  left  in;  each  l)arrel  to  contain  two  hun- 
dred pounds  net,  and  to  be  branded  “mess  ordinary  (or  MO) 
pork.”  Prime  mess  pork  shall  consist  of  the  sides  and  shoulders  rrime  mess 

I ^ j)  0 r k 

(hams  are  also  allowed)  of  good  corii-fatted  hogs,  weighing  from 

one  hundred  and  forty  to  one  hundred  and  seventy-five  pounds, 

cut  into  Sipiare  pieces  as  near  four  pounds  in  weight  as  possible, 

the  shanks  to  be  cut  ofi‘  close  n\)  to  the  breast,  each  barrel  to 

contain  fifty  pieces,  twenty  pieces  of  the  shoulders  and  thirty 

pieces  of  sides  cut ; each  barrel  to  contain  tAvo  hundred  pounds 

net,  and  to  be  branded  “prime  mess  pork.”  Prime  pork  sliall  Prime  pork. 

consist  of  three  shoulders,  three  half-heads  or  joles,  three  rumps, 

and  balance  of  the  Aveight  to  be  made  up  Avith  side  pieces  sucli 

as  Avould  l)e  suitable  for  mess  or  MO  pork,  the  shoulders  to  be  cut 

into  tAvo  or  three  pieces,  shank  cut  off  above  the  knee,  the  heads 

to  1)0  divested  of  ears,  snouts,  and  brains  ; each  baiTcl  to  contain 

two  hundred  pounds  net,  and  to  be  branded  “ prime  pork.”  Rump  uump  pork. 

pork  shall  consist  of  the  rump  pieces  of  good  corn- fatted  hogs, 

Avdth  all  the  fat  left  on  except  Avhat  may  be  taken  off  to  sipiarc  the 


438 


INSPECTION  DEPARTMENT. 


Olassiflcation  of 
beef. 


Mess  beef. 


^ edges,  tails  cut  off‘;  each  barrel  to  contain  two  hundred  pounds 
Keguiations  for  net,  aiid  to  bo  branded  “rump  pork.”-  There  shall  not  be  less 

inspecting  pork.  _ ^ ^ ^ 

than  fifty  pounds  of  coarse  salt  to  each  barrel  of  the  above-men- 
tioned (jualities  of  pork,  and  each  barrel  shall  be  filled  with  good 
strong  pickle.  It  shall  be  the  duty  of  the  inspectors  of  pork  and 
beef  to  strip  lard  or  tallow  in  packages,  to  ascertain  the  actual 
tare  thereon  when  requested  so  to  do  ; and  shall  furnish  a certifi- 
cate to  the  person  for  whom  the  packages  are  stripped,  giving  the 
actual  gross  tare  and  net  of  each  package  ; for  which  the  inspector 
shall  be  allowed  a reasonable  compensation. 

Sec.  6.  All  beef  shall  be  of  well-fattened  cattle,  and  shall  be 
cut  into  pieces  as  square  as  may  be,  and  shall  not  exceed  twelve, 
nor  less  than  four  pounds  in  weight ; and  all  beef,  which  shall  be 
fat  and  merchantable,  shall  be  assorted  and  divided  into  three 
different  classes,  to  be  denominated  “mess,”  “prime,”  and 
“cargo.”  The  first  quality  shall  be  denominated  “ mess  beef,” 
and  shall  consist  of  the  two  pieces  of  the  rump,  two  choice  pieces 
of  the  round,  a few  pieces  of  the  loin,  and  make  up  the  remainder 
of  the  barrel  with  briskets,  plates,  navel  pieces,  and  the  front  cut 
from  the  shoulder,  with  the  belly  part  of  the  ribs  taken  off ; and 
on  one  head  of  every  barrel  of  such  beef  shall  be  branded  “mess 
beef.”  The  second  quality  shall  be  denominated  “ prime  beef,” 
and' shall  consist  of  two  flanks,  two  shoulder  clods,  two  shanks 
cut  off  above  the  knee  joint,  and  half  of  the  neck,  with  the  point 
of  the  neck  cut  off ; in  each  barrel  the  upper  layer  must  be  good 
side  pieces,  the  remainder  to  be  made  up  as  near  as  possible  of  a 
great  proportion  of  the  shoulder,  loin,  and  rump;  and  on  one  head 
of  every  barrel  of  such  beef  shall  be  branded  “prime  beef.” 
The  third  quality  of  beef  shall  be  denominated  “cargo  beef,” 
and  shall  be  of  fat  cattle,  with  a proportion  of  good  pieces,  and 
not  more  than  one- half  of  a neck,  nor  more  than  three  flanks, 
with  a proportion  of  shanks  with  the  hocks  cut  off  in  the  same 
manner  as  in  prime ; and  the  barrel  ought  to  be  otherwise  mer- 
chantable, and  branded  “ cargo  beef.  ” And  there  shall  not 
be  less  than  sixty  poumls  of  coarse  salt,  and  a sufficiency  of  salt- 
petre, in  each  barrel,  and  to  be  filled  with  pickle  as  strong  as  salt 
can  make  it,  with  not  less  than  two  hundred  pounds  of  beef  in 
each  barrel. 

Sec.  T.  Whoever  shall  intermix,  take  out,  or  shift  any  beef  or 


Prime  beef. 


Cargo  beef. 


Directions  for 
inspecting  beef. 


INSl^ECTION  DEPAHTMENT. 


489 


pork  packed  and  branded  as  directed  by  tins  ordinance,  or  alter,  r^naity  tor 

I r ^ ^ cliaiiguig  iii- 

ehano’e,  or  deface  any  brand  or  mark  of  the  inspector,  shall  i^eer 

forfeit  and  pay  not  less  than  ten  nor  more  than  one  hundred 
dollars. 

Sec.  8.  The  inspector  shall  be  entitled  to  receive  from  the  Fees  of  in- 

'■  ^ spector  for 

owner  or  owners,  for  storage  on  all  beef  or  pork  that  shall  be  storage, 
left  with  him  for  inspection  after  five  days  from  and  after  the 
time  the  same  shall  have  been  inspected  and  branded,  for  each  and 
every  barrel  or  half-barrel  six  cents  per  month,  and  no  more. 

Sec.  9.  If,  upon  the  inspection  of  any  beef  or  pork,  the  same  wuat  to  be 
shall  be  found  to  be  tainted,  spoiled,  or  otherwise  rendered  demnea.” 
useless,  the  same  shall  be  branded  condemned,”  and  shall  be 
forthwith  turned  over  to  the  owner  or  the  agent. 


ARTICLE  II. 

Inspector  of  Weights  and  Measures. 

Section  1.  It  shall  be  the  duty  of  the  inspector  of  weights  inspector  ot 

, . . -11  weights  and 

and  measures,  twice  in  every  year,  to  examine  and  test  the  measures ; du- 
accuracy  of  all  weights,  measures,  scales,  or  other  things  used 
by  any  person  for  weighing  or  measuring  anything  for  sale ; to 
stamp  with  a suitable  seal,  to  be  prescribed  by  the  mayor, 
each  weight,  measure,  and  scale  so  used,  which  he  may  find 
conformed,  or  which  may  be  made  to  conform,  to  the  standard 
prescribed  by  the  laws  of  the  United  States  or  this  State,  and 
to  deliver  to  the  owner  thereof  a certificate  of  their  accuracy  ; 
to  seize,  in  the  name  of  the  city,  all  false  weights,  measures,  and 
scales  which  he  may  find,  and  which  the  owner  shall  fail  imme- 
diately to  have  made  conformable  to  said  laws  ; to  register  the 
names  of  all  persons  whose  weights,  measures,  or  scales  he  may 
find  to  be  accurate,  and  of  all  persons  who  fail  to  have  the  same 
corrected  when  not  so  found,  and  to  reiiort  such  persons  to  the 
recorder ; to  report  every  three  months  to  the  city  register  the 
names  of  the  jiersons  and  the  number  of  weights,  measures,  and 
scales  examined  and  found  by  him  to  be  accurate ; and  to 
examine  and  test,  whenever  re(piested  by  a weigher  of  hay  and 
stone-coal,  any  of  the  public  scales  of  this  city. 

Sec.  2.  All  weights,  measures,  scales,  or  other  things  used  what  .subject  to 
by  any  person  for  weighing  or  measuring  any  article  for  sale 


440 


INSPECTION  DEPARTMENT. 


Penalty  for  fail- 
ing to  cause  in- 
spection. 


Dry  measure, 
what. 


Penalty. 


Kvidence  of  use 
of  measures. 


Yard-sticks, 
what  consid- 
ered. 


Measures,  what 
considered. 


Deputies  maybe 
appointed. 


Standard  weight 
of  grain,  etc. 


in  this  city,  shall  be  subject  to  inspection,  as  hereinbefore 
provided,  on  and  after  the  first  Monday  in  June,  and  a sub- 
sequent inspection  on  and  after  the  first  Monday  in  December, 
of  each  year,  without  regard  to  date  of’ any  preceding  certificate. 

Sec.  3.  All  persons  using  weights,  measures,  scales,  or  other 
things  for  weighing  or  measuring  any  article  for  sale  in  this 
city,' shall  cause  the  same  to  be  examined,  tested,  and  sealed  as 
hereinbefore  provided,  under  a penalty  of  not  less  than  one  nor 
more  than  ten  dollars  for  failure  so  to  do. 

Sec.  4.  All  substances,  other  than  liquors,  when  sold  by 
measure,  shall  be  sold  by  dry  measure,  according  to  the  standard 
established  by  law. 

Sec.  5.  Whoever  shall  violate  the  provisions  of  the  fore- 
going section  shall  be  fined  not  less  than  five  nor  more  than 
one  hundred  dollars,  on  conviction  before  the  recorder. 

Sec.  6.  The  proximity  of  all  weights,  measures,  or  scales,  to 
goods,  wares,  or  other  articles  exposed  for  sale,  shall  be  evidence 
of  their  use ; and  the  inspector  shall  arrest  or  cause  to  be  arrested 
any  person  or  persons  using  such  weights,  measures,  or  scales, 
not  being  in  accordance  with  the  city  standard ; and  a fine  of  not 
less  than  five  nor  more  than  one  hundred  dollars  shall  be  imposed 
for  each  and  every  offense. 

Sec.  7.  The  inspector  of  weights  and  measures  shall  consider 
all  yard  measures,  or  devices  of  aiiy  kind  used  for  measuring 
goods,  as  yard-sticks,  and  exact  a like  fee  therefor;  and  the 
inspector’s  certificate  shall  be  given  only  on  receipt  of  his  fees. 
He  may  test  and  seal  all  weights,  measures,  and  scales  which 
may  be  used  in  such  a manner  that  the  accuracy  of  them  may 
pecuniarily  interest  any  other  citizen  than  the  owner. 

Sec.  8.  The  inspector  of  weights  and  measures  may  appoint 
one  or  more  deputies,  subject  to  the  restrictions  of  the  second 
and  third  sections  of  the  third  article  of  an  ordinance  entitled 
‘^An  ordinance  concerning  officers,  appointments,  salaries,  etc.,” 
approved  July  J,  1863. 

ARTICLE  III. 

Standard  TVei^hl  of  Wheat  and  other  Grains. 

• Section  1.  That  the  following  grains  and  other  articles,  when 
sold  as  merchantable  in  the  city  of  St.  Louis,  and  when  sold  by 


rNSPP:C41()N  DEPARTMENT. 


441 


tlio  busliel,  sliall  be  coiiyidered  as  sold  at  tlie  following  number  of 
])onnds,  avoirdupois,  to  the  bnsliel,  viz:  Wheat,  beans  (except 
castor  beans),  clover  seed,  potatoes,  sixty  pounds  to  tbe  bushel; 
rye,  Hax  seed,  fifty-six  })onnds  to  the  bushel ; barley,  foi’ty-eight 
pounds  ; bran,  twenty  pounds  ; onions,  fifty-seven  pounds  ; dried 
peaches,  tliirty-three  pounds;  dried  apples,  twenty- four  pounds  ; 
buckwheat  seed,  fifty-two  pounds  ; castor  beans,  forty-six  pounds  ; 
hemp  seed,  forty- four  pounds  ; blue-grass  seed,  fourteen  pounds  ; 
timothy  seed,  forty-five  pounds  ; salt,  fifty  pounds  to  the  bushel. 

One  bushel  of  charcoal  shall  be  equal  to  five  pecks. 

Sec.  2.  IVlien  no  agreement  exists  to  the  contrary  in  relation  Abo-e  to  be 

standard,  when. 

to  the  above-named  articles,  the  measure  and  weight  as  above 
specified  shall  be  the  city  standard. 

Sec.  3.  The  standard  weight  of  corn  in  the  ear  shall  be  seventy  standard  weight 

. . of  corn. 

pounds  ; shelled  corn,  fifty-six  pounds  ; and  oats,  thirty-five  pounds, 
avoirdupois.  All  persons  offering  corn  in  the  ear,  or  oats  by  the 
load,  for  sale,  and  shall  refuse  [to  have]  the  same  weighed  by 
the  city  weigher,  shall  forfeit  and  pay  to  the  city  of  St.  Louis  not  Penalty, 
less  than  one  nor  more  than  twenty  dollars  for  each  and  every 
such  offense,  the  fine  to  be  collected  before  the  recorder,  in  the 
same  manner  as  other  fines  are  collected:  Pi'oviiUd ^ however^ 
that  the  penalty  herein  jirovided  shall  not  apply  to  persons  selling 
ten  bushels  of  corn  or  oats,  or  less,  out  of  a load  without  weighing 
the  same. 


A K T I C L E 1 V. 


Fees  of  lns]}eelo7's^  and  General  Provisions. 


Section  1.  The  inspector  of  beef  and  pork  sha  

each  Invrrel  inspected  and  branded  by  him  twenty-five  cents,  and  hi 
for  each  half-barrel  fifteen  cents. 


receive  ror  Fees  of  inspecl- 
or  of  pork  and 
ef. 


Sec.  2.  The  insiiector  of  weights  and  measures  shall  be  entitled  pcps  of  inspcct- 

^ . . . ...  or  of  weights 

to  receive  for  examiinng,  testing,  sealing,  and  certifying,  as 
herein  re({uired,  as  follows:  Any  steelyard,  lieam,  ground-floor 
or  platform,  counter,  or  other  scales,  by  which  may  be  weighed 
not  exceeding  six  hundred  pounds,  twenty-five  cents  ; any  such 
instrument  by  which  may  be  weigbed  over  six  hundred  pounds 
and  less  than  twelve  hundred  pounds,  fifty  cents  ; any  such  in- 
strument by  which  may  be  weighed  over  twelve  hundred  pounds, 


INSPECTION  DEPARTMENT. 


44*2 


Weight,  part  of 
scale. 


Fees  for  subse- 
quent inspec- 
tion. 


Fees  for  testing 
scales. 


Report  to  be 
made. 


Fenalty  for  al- 
tering inspec- 
tion brand. 


seventy-five  cents  ; any  yard-stick,  dry  or  lit^uid  measure,  ten 
cents  ; any  nest  or  set  of  measures,  twenty  cents. 

Sec.  3.  The  weight  attached  to  any  scale  shall,  as  to  the  com- 
pensation of  the  inspector  of  weights  and  measures,  he  considered 
a part  of  the  scale. 

Sec.  4.  The  inspector  of  weights  and  measures  shall,  for  a 
second  or  subsequent  inspection  of  weights  or  scales,  be  entitled 
to  charge  and  receive  the  same  fees  as  for  a first  inspection 
specified  in  this  ordinance,  and  may  retain  the  article  so  inspected 
in  his  possession  until  the  fee  for  inspection  be  paid ; and  he 
shall,  in  every  case  where  he  may  employ  labor  or  material  in 
making  the  same  accurate,  be  entitled  to  just  compensation  there- 
for, and  to  retain  the  article  upon  which  such  labor  or  material 
has  been  employed  until  such  compensation  be  paid. 

Sec.  5.  The  inspector  shall  be  entitled  to  charge,  for  inspecting 
and  testing  the  several  scales  of  the  city  for  the  weighing  of  hay 
and  stone-coal,  two  dollars  for  each  inspection,  and  for  each 
platform  scale  in  the  use  of  the  city,  two  dollars  per  year;  and 
the  auditor  shall  audit  such  account,  charging  the  same  to  appro- 
priation for  market  and  market-houses. 

Sec.  G.  The  inspector  of  ])eef  and  pork  shall  report,  under 
oath,  on  the  last  Saturday  of  each  month,  to  the  city  register, 
and  to  the  city  council  at  the  opening  of  each  stated  session 
thereof,  an  abstract  of  the  registers  hereinbefore  required  to  be 
kept  by  him,  respectively,  and  of  inspections  made  for  the  previous 
month,  or  six  months,  as  the  case  may  be. 

Sec.  7.  Whoever,  after  any  barrel,  or  half-barrel;  shall 
have  been  inspected  and  marked  as  hereinbefore  re({uired,  and 
before  sale  thereof  for  immediate  consumption  by  the  buyer, 
shall  alter  or  deface  the  mark  or  brand  placed  thereon,  under  the 
provisions  herein  contained ; 'or  shall,  in  any  manner,  diminish  or 
change  the  contents  of  any  such  vessel ; or  shall  sell  or  offer  for 
sale  any  such  vessel,  knowing  that  the  mark  or  brand  thereof  has 
been  so  altered  or  defaced,  or  the  contents  thereof  so  diminished  or 
changed;  or  shall  in  any  manner  impose  or  attempt  any  fraud  or 
deception  upon  any  of  said  officers  in  relation  to  the  articles 
which  they  are  authorized  to  inspect,  shall  forfeit  and  })ay  not 
less  than  ten  nor  more  than  one  hundred  dollars. 

Sec.  8.  Any  person  dissatisfied  with  the  decision  of  any  two 


INSrECTK  )N  1 )E1>A  inWIENT. 


44:i 


ot*  the  inspectors  first  named  lierein  may  apjieal  to  tlie  mayor,  7" 

and  thereupon  tliree  experienced,  disinterested  persons  shall  he  tr(,ni. 

selected  as  reviewers,  one  by  the  appellant,  one  by  the  inspector, 

and  one  by  the  mayor ; who,  being  hrst  sworn  faithfully  and 

impartially  to  examine  and  determine  the  matter  in  controversy, 

shall,  at  a time  designated  by  the  mayor,  meet  and  decide  the 

appeal,  taking  the  provisions  of  this  ordinance  as  the  rule  of 

their  decision ; and  shall  direct  what  mark  or  brand  shall  be 

put  upon  each  barrel  or  cask,  and  the  inspector  shall  brand 

them  accordingly. 

Sec.  9.  If  the  decision  of  the  reviewers  be  in  favor  of  the  Costs  of  ajjpeal, 
inspector  the  appellant  shall  pay  all  costs  of  the  appeal;  other- 
wise,  the  inspector  shall  pay  the  costs,  for  which  costs  execution 
shall  be  issued  by  the  mayor. 

Sec.  10.  The  costs  wdiich  may  be  collected  on  any  such  what  to  consti- 
appeal  shall  be  the  marshal’s  fee  for  summoning  the  reviewers, 
as  in  case  of  the  service  of  a summons  issued  by  the  recorder ; 
the  fee  for  the  affidavit  of  the  reviewers ; and,  if  demanded,  five 
cents  to  each  of  the  reviewers,  for  each  barrel,  half-barrel,  or 
other  cask  examined  by  them. 

Sec.  11.  The  said  two  inspectors  first  named  herein  shall  uispectors  not 

_ to  deal  in  cer- 

not,  nor  shall  any  of  their  deputies,  be  engaged  in  any  'way,  tain  articles, 
directly  or  indirectly,  in  the  buying  and  selling  of  any  of  the 
articles  which  they  are  authorized  to  inspect. 

Approved,  Sejitember  9,  1864. 


(No.  5437.) 

AN  OEDINANCE  PEOVIDING  FOR  THE  INSPECTION  AND  WEIGHING 
OF  BALED  HAY. 


Abstract  of  ccrtificafcs  of  inspec- 
tion, insix'ctor  to  ivo-ister...^  5 


to  be  open  to  piiblie 5 

Baled  Ita.y , ottert'd  for  sale,  to  be 

inspeeted 3 

olfering  for  sale  without  in- 

speetiqn,  ])enalty 4 

cla.ssilieation  of. 3 

Bond  of  inspeetors  of  bay  1 

Brands  of  insi)eetors,  eliann-in^ 

or  altering,  pt'iialty 7 

Certificates  of  inspeetion,  in- 
speetors to  n-ive 5 

Oiamfiyuj  marks  or  brands  of  in- 
spectors, penalt}' 7 


Classification  of  btdt'd  Iniy ^ 3 

CompensatUm  of  ins])eetors  of 

liny  5 

Condemned,  hay,  what  to  (;oni- 

prise. 3 

to  be  sold  by  insiiectors G 

liroeetMls  of  sale  of,  bow  dis- 
posed of. G 

Fees  of  inspeetors  of  bay 5 

Hay,  baled,  ollei-ed  for  Side,  to 

be  insjiected 

bided,  eliissitieation  of. 3 

bided,  ollerino-  for  side  with- 
out insix'etion 4 

condemned,  what  to  comprise  3 


444 


IN SPECTION  DEPARTMENT . 


Inspectors  of- 
hay  to  be  ap- 
pointed. 


Inspector  to 
give  bond. 


Term  of  oftice  of 
inspector. 


Unties  of  in- 
si)ector. 


Classilioation  of 
hay. 


//ay,  condemned,  to  be  sold  by 

insiiectors G 

condemned,  proeeed.s  of  sale 

of,  bow  disjiosed  of. 6 

Jlaops,  inspector  to  deduct 

weio-bt  of. 3 

Inspectors  of  hay ^ mayor  to  ap- 

l)oint 1 

to  ble  bond ] 

term  of  office  of. 2 

tbities  and  powers  of 3,  5 

compensation  of. 5 

altering  brands  of,  penalty 7 


Informers^  to  receive  one-balf 

certiiin  tines \ 4 

Marks  of  inspectors,  cbanging, 

penalty 7 

Mayor ^ to  appoint  inspectors  of 

bay ] 

Penalties  for  (‘crtain  offenses 4,  7 

Staves,  bay  bound  in,  inspector 

to  deduct  weight  of. 3 

Weight  of  boops  or  staves,  in- 
spectors to  deduct 3 


Be  it  ordained  by  the  Common  Councit  of  the  City  of  St. 

Louis . 

Section  1.  Tlie  mayor  shall  appoint  one  or  more,  not  to 
exceed  three,  suitable  persons  to  act  as  inspector  or  inspectors 
of  hay  in  the  city  of  St.  Louis  ; and  shall,  without  delay,  after 
such  appointment,  submit,  for  the  approval  of  the  common  coun- 
cil, the  name  or  names  of  persons  so  appointed.  Should  the 
council  approve  such  nomination,  the  mayor  shall  cause  a commis- 
sion to  issue  to  such  person  or  persons,  as  in  case  of  the  city 
officers  appointed  and  commissioned  by  him,  on  the  said  party  or 
parties  filing  with  the  city  register  a bond,  to  be  approved  as  in 
cases  of  other  city  officers,  in  the  sum  of  five  thousand  dollars, 
conditioned  for  the  faithful  performance  of  his  or  their  duties  as 
such  inspector,  and  as  indemnity  for  all  losses  sustained  through 
the  malfeasance  or  negligence  of  such  officer. 

Sec.  2.  Such  officer,  so  appointed  and  approved,  shall  hold  his 
office  until  the  first  Monday  in  June,  eighteen  hundred  and  sixty- 
five  ; and  thereafter  shall  be  appointed  for  one  year  from  the  first 
Monday  in  June  in  each  year,  and  until  his  successor  is  duly 
appointed  and  (|ualified. 

Sec.  3.  It  shall  be  the  duty  of  such  officer  to  carefully  weigh 
and  inspect  all  hay  which  shall  be  sold  or  ofiered  for  sale,  in 
bales,  in  the  city,  or  that  shall  be  brought  into  the  city  for  sale 
or  delivery  under  any  contract  or  sale  elsewhere ; and  for  the 
purpose  of  such  inspection  he  shall  use  such  instrument  as  he 
shall  deem  most  practicable  for  a thorough  inspection  thereof  ; 
and  shall  classify  the  same  and  niark  it  accordingly,  with  the 
weight  of  each  liale,  as  follows:  Number  one,  })rinie  ; number 
two,  good;  number  three,  damaged;  cipher  (0),  condemned. 
Tlie  last  class,  condemned,  shall  comprise  such  as  the  inspectors 


INSl’EOTION  1)E1>AHTM  l^NT. 


on  inspection,  shall  bo  satisfied  was  baled  with  a view  (by  the 
party  baling  or  causing  it  to  be  baled)  of'  defrauding  purchasers 
by  the  incorporation  of  foreign  substances  in  such  bales  to  increase 
the  weight  thereof.  It  shall  further  l)e  the  duty  of  such  inspector, 
in  all  bales  of  hay  coming  under  his  supervision,  and  bound  with 
wooden  hoops  or  staves,  to  carefully  estimate  the  weight  thereof 
and  deduct  the  same  from  the  weight  of  such  bales,  marking 
every  such  bale  with  its  net  weight. 

Sec.  4.  Every  person  who  shall  sell  or  offer  for  sale  in  this  city  Penalty  for  sell- 
any  baled  hay,  without  the  same  being  inspected,  weighed,  and  spected. 
marked,  as  hereinbefore  required,  shall  be  deemed  guilty  of  mis- 
demeanor ; and  shall,  upon  conviction  thereof  before  the  recorder, 
be  fined  not  less  than  fifty  nor  more  than  five  hundred  dollars  for 
each  offense,  one-half  of  the  fine  so  collected  to  be  paid  to  the 
informer,  and  the  other  half  into  the  city  treasury. 

Sec.  5.  The  inspector  of  hay  shall  keep  an  office  at  some  inspector  to 
eligible  locality,  and  shall  deliver  certificates  of  weights  and 
quality  of  all  hay  so  inspected  by  him  to  the  party  or  parties 
having  the  same  weighed  and  inspected,  and  shall  keep  a correct 
abstract  of  every  certificate  in  a book  to  be  kept  in  his  office, 
which  said  book  shall  be  open  at  all  reasonable  times  to  the 
inspection  of  any  person  interested  in  any  ins})ection  by  him 
made  ; and  for  his  services  as  such  ins})ector  and  for  weighing  he  inspector’s  foes, 
shall  be  entitled  to  demand  and  receive  eighty  cents  per  ton  for 
each  ton  weighed  and  inspected  as  by  this  ordinance  required, 
said  fee  to  be  paid  by  the  pai’ty  for  whom  such  inspection  .is 
made,  and  to  be  in  full  compensation  for  his  services  as  such 
inspector. 

Sec.  0.  All  hay  condemned,  as  by  section  third  of  this  condenmod  hay 
ordinance,  shall,  after  I’easonalile  notice  given,  be  sold  by  the  ^ 
inspector;  and  the  proceeds  thereof,  after  deducting  expenses  of 
sale  and  ten  per  cent,  as  his  commission  for  selling 'same, 
shall  be  paid  into  the  city  treasury. 

Sec.  7.  Any  person  changing  the  marks  or  brands  of  the  p>.naity  fur 
inspector  of  hay,  either  as  to  weight  or  (piality,  shall,  up()n 
conviction  thereof,  be  subject  to  a penalty  of  not  less  than 
twenty  dollars  nor  more  than  one  hundred  dollars,  to  be  collected 
as  in  other  cases  of  breaches  of  city  ordinances. 


LAND  COMMISSIONER. 


44() 


Gontlictiiig  o 
(li nances  re- 
pealed 


Sec.  8.  All  ordinances  or  parts  of  ordinances  conflicting  here- 
with are  hereby  repealed. 

This  ordinance,  having  been  returned  by  the  mayor,  with  his 
objections  thereto,  and,  after  reconsideration,  having  passed  the 
common  council  by  a vote  of  two -thirds  of  all  the  members 
elected  to  the  council,  as  provided  and  required  by  the  city 
charter,  has  become  a law  this  fifth  day  of  September,  A.  D. 
eighteen  hundred  and  sixty-four. 


(No.  5393.) 


LAND  COMMISSIONER. 

AN  ORDINANCE  ESTABLISHING  THE  OFFICE  OF  LAND  COMMISSIONER 
AND  REGULATING  THE  PROCEEDINGS  THEREOF. 


Alleys^  declared  nuisances,  pro- 
ceed i n «-s  to  1 1 cl  i i n g*  in. 

dedicated  and  not  opened, 

proceedings IF,  I 23 

duties  of  land  commissioner 

in  0])ening,  etc IF,  I 

Altering  street^  etc.^  proceed- 
ings  FF. 

Asnessor,  to  furnish  plat  to  land 

commissioner FF,  1 

Attachments^  how  issued  and 

served FF,  2 

Auditor^  com])ti-oller’s  receipts 

to  he  tiled  with IF,  15 

iharshal’s  receij)ts  to  he  liled 

with IF,  IG 

to  charge  comi)troller  with 

amount  of  I'cceipt IF,  15 

to  charge  m a r s h a 1 w i t h 

amount  of  receipts IF,  16 

to  credit  comptroller  with 
amount  paid  into  the  treas- 
ury  FF,  15 

to  credit  nnn-shal  with  amount 

paid IF,  IG 

to  issue  wari’aut  for  expenses 

in  Yi(‘wiiig  nuisances IFF,  4 

to  k(‘ep  account  of  street-op(*n- 

iiig  fund IF,  14 

Avenues^  d(*dicat(“d  and  not 

opened,  ]»roce(*diugs IF,  23 

linildings^  engimau'  to  remoVe 

from  streets,  when IF,  22 

Clerk  of  hoard,  (f  healthy  duty 
of,  to  notify  laud  commis- 
sionei*,  when IFF,  1 


Clerk  of  common  council,,  duty 
of,  to  certify  contii-mation 

of  verdict  of  juiy IF,  § 11 

Common  council,,  land  commis- 
sioner to  I’eport  to... I,  2;  IFl,  2 
Comptroller ,,  land  commissionei’ 
to  furnish  abstract  of  judg- 
ments to,  when *.......11,  6 

to  notify  parties  of  assessment 

of  benetits II,  G 

land  commissioner  to  report 

to,  what I,  3 

to  advertise  abstract  of  judg- 
ments  11,  G 

to  receive  i)ayment  of  benetits 

assessed II,  6 

to  receive  payment  of  excess 
of  benefits  over  damages  as- 

sc'ssed.  when II,  7 

to  receipt  for  abstract  of  judg- 
ments, when FI,  15 

to  return  list  of  judgments  to 

land  commissioner IF,  G 

Co7npensa,tion  (f  jurors,  \\,  13;  IFF,  3 
Contracts  touching  city  property, 

to  be  co))ied  and  lihal 1,  2 

Conveyances  of  city  property,  to 

be  copied  and  liled F,  2 

Costs  in  cond(*minug  private 

))i‘0])(‘rty,  how  chai'g(al Ft,  20 

Counselor,,  to  conduct  suits F,  2 

Damages  and.  costs,,  to  what  fund 

to  b(^  chargcal FF,  20 

how  i)aid FF,  20 

wIkmi  to  Ix'ar  iutc'ri'st IF,  10 

when  to  b(‘  i)ald IF , 10 


LAND  COiOIISSIONER. 


447 


Dcafs  for  property  sold  under 
exeeution,  A\  ho  to  make  and 
how  to  he  acknowledged  and 

attested 11,  9 

to  he  recorded  and  liletl II,  12 

to  city  ])roi)erty,  to  be  copied 

ami  preserved I,  2 

Engmeer,  iliity  of,  to  open  streets 
and  remove  obstructions, 

when II,  23 

to  take  i)ossession  of  proper- 
ty, when II,  22 

to  survey  and  make  plat  of 

property,  when II,  1 

Excess  of  benetits  over  damages, 
when  comptroller  may  re- 
ceive  II,  7 

Executions  to  issue  for  unpaid 

judgments II,  G 

to  be  credited  with  damages 

awarded II,  7 

form  of  and  when  returnable.  II,  8 

who  to  collect II,  G 

Exjienses  in  I'cmoving  obstruc- 
tions, how  charged II,  22 

in  viewing  nuisances  in  al- 
leys  Ill,  4 

Improvements ^ to  be  removed  by 

engineer II,  22 

to  be  sold  bj"  engineer 11,  22 

Judgments,  land  commissioner  to 

render II,  G 

when  to  be  canceled II,  7 

Jurors^  compensation  of 11,  13; 

III,  3. 

fees  of,  how'  ])aid II,  20 

Jury,  duties  of  in  op(Miing  street  II,  5 
duties  of  in  viewing  nuisan- 
ces  Ilf,  2 

oath  to  be  taken  by II,  4 

Land  commissioner,  how  ap- 

l)oint(‘d I,  1 

salary  of. I,  1 

tei-m*of  oHice  of 1 , 1 

general  duties  of 1 , 2 

dutu's  of,  in  oi)eiung  sfre(‘ts,  II. 
duties  of,  in  viewing  nuisances 

in  alleys III. 

Marshal,  to  serve  and  return 

process II,  2 

to  collect  execaitions II,  G 

to  adv(‘rtis(*  and  sell  i)roi)erty.  II,  8 

to  make  deeds  of  properly 

sold II,  9 

to  strike  otf  i)roperty  to  city, 

wluMi *. "ll,  10 

to  s(‘rve  ])rocess  in  viewing 

nuisance's Ill,  5 

Maps,  land  {‘,ommission(*r  to 

cause'  e'e)pieLs  of  te)  be  maele  I,  2 
Mayor,  ele'e'els  te)  be  ae'kneewl- 

e'elgeel  be'tbre II,  9 

lanel  e*e)mmissie)neir  to  I'epeu't 
te),  when II,  23 


Mayor,  ])i-oc('^Hlinf2:s  of.  to  open 
street,  etc. . eleelicated  and 

ne)t  e)pe'neel II , ^ 23 

Notice  by  lanel  commissioner,  be- 
fore ejonelemning  i)roperty,  II,  2 
further,  to  all  interested  in 

beiK'tits,  etc II,  3,  G 

how  issued,  attested  and 

serveel II,  2 

Nuisances,  proceedings  when  al- 
ley declai-ed  to  be III. 

Oath  to  be  taken  by  jury II,  4 

Obstructions,  engineer  to  remove, 

when II,  22 

Opening  streets,  proceedings II. 

Flats,  engineer  and  assessor  to 

furnish,  when II,  I 

to  be  recorded,  when II,  II 

Private  property , how'  condemned 

to  i)ublic  use II. 

Process  before  land  commission- 
er, how  issued,  attested  and 

served II,  2;  III,  5 

Property  to  be  sold  under  exe- 
cution. when II,  8 

Public  s<iua,re,  duties  of  land 
commissioner  in  opening... II. 
Record  of  proceedings,  land  com- 
missioner to  keep If,  II 

Register  to  attest  all  process  of 

land  commissioner II,  2 

to  attest  deeds  of  property 

sold II,  9 

to  attest  (‘('rtiticate  of  clerk  of 

common  council II,  II 

Requisitions  on  auditor,  how' 

made II,  20 

land  commissioner  to  keej) 

record  of II.  21 

Salary  of  land  (commissioner I,  1 

Streets.  i)roceedings  in  opening, 

(‘tc II. 

Subpa’nas,  how-  issued  and  served 

II,  2 

Sumrnomi,  how'  served Ill,  5 

Suits,  concerning  landed  i)rop- 
ei'ty,  land  commissioner 

to  conduct I,  2 

Title  papers,  laud  commissioner 

to  cause  to  be  coi)ied,  etc I,  2 

Titles  of  city,  land  commissioner 

to  as(certain I,  2 

Treasurer,  to  ke('p  lU'count  of 

strec't,  oi)ening  fund II,  14 

Venires,  how  issne(l  and  s('rved  It,  2 
\erdict  of  jury,  to  be  reicorded, 

wlu'ii II,  11 

how  cei  tilied II,  11 

to  be  ti-ansmitted  to  common 

council Ill,  2 

Wharf,  i)i'0(a'edings  in  open- 
ing, ('tc II. 

(ledicat('d  and  not  opened,  pro- 
ceedings   II,  23 


448 


LAND  COMMISSIONER. 


Land  commis- 
sioner to  be  ap- 
pointed ; salary 
of ; term  of  of- 
fice of. 


General  duties 
of  land  commis- 
sioner. 


To  furnish  infor- 
mation to  comp- 
troller. 


KiiRineer  to 
make  surveys 
and  i)latK,  when. 


Be  it  ordained  hij  the  Co77imon  Connell  of  the  City  of  St, 
Louis  .• 

ARTICLE  I. 

Land  Comniissloner . 

Section  1.  There  sliall  be  appointed,  in  the  same  manner  as 
other  city  officers,  a land  commissioner,  whose  salary  shall  be 
fifteen  hundred  dollars  per  annum,  and  who  shall  hold  his  office 
for  three  years  and  until  his  successor  is  duly  appointed  and 
qualified,  unless  sooner  removed  for  good  cause. 

Sec.  2.  He  shall  ascertain  the  nature  of  titles  aud  localities 
and  condition  of  all  landed  property  owned  or  rightfully  claimed 
by  the  cit}^,  either  in  her  own  right  or  in  trust  for  others  ; and 
shall,  jointly  with  the  city  counselor,  prosecute  and  defend,  'in 
behalf  of  the  city,  all  suits,  and  conduct  other  legal  proceed- 
ings involving  the  rights  of  the  city  in  and  to  any  landed 
property.  He  shall  cause  to  be  made  out,  and  preserve,  copies, 
duly  authenticated,  of  all  deeds,  conveyances,  title  impers,  and 
contracts,  concerning  the  ownership  of  such  property;  also,  maps 
and  plats  of  the  same.  He  shall,  on  the  first  day  of  each  stated 
session  of  the  council,  or  at  other  times  if  required,  report  to 
them  the  condition  of  the  city’s  interests  hereby  committed  to 
his  charge ; and  recommend,  at  any  time,  such  action  on  the  part 
of  the  council  as  the  public  interest  in  his  charge  may,  in  his 
opinion,  require.  He  shall  also  perform  the  duties  imposed 
upon  the  land  commissioner  by  an  act  of  the  general  assembly 
of  the  State  of  Missouri,  entitled  “An  act  supplementary  to 
the  several  acts  incorporating  the  city  of  St.  Louis,  approved 
January  sixteenth,  eighteen  hundred  and  sixty.” 

Sec.  3.  He  shall  at  all  times  furnish  verlial  information  or 
written  reports,  as  reipiired  by  the  comptroller,  relating  to  any 
matters  embraced  in  the  duties  of  his  office,  to  the  conqitroller. 

ARTICLE  II. 

()j)enmy;  Streets. 

Section  1.  Whenever  the  common  council,  by  ordinance, 
shall  order  the  opening,  widening,  or  altei’ing  of  any  street, 
avenue,  alley,  Avharf,  or  jiublic  S((uare,  established  by  ordinance, 
and  it  is  necessaiT  to  take  private  property  for  the  same,  tlu' 


LAND  COMmSSIONER. 


441) 


city  engineer  shall,  under  the  direction  and  supervision  of  the 
land  commissioner,  survey  and  make  a plat  of  the  property  to  be 
taken,  showing  the  metes  and  the  names  of  the  owners  thereof, 
and  also  of  all  the  property  next  adjoining  the  ground  proposed 
to  be  taken,  with  the  metes  and  the  names  of  the  owners  thereof; 
and  the  city  engineer  and  assessor  shall  also  furnish  the  land 
commissioner  with  such  other  plats  as  he  shall  require. 

Sec.  2.  Upon  the  completion  of  the  plat  showing  the  prop-  Assessor  and  en- 
erty  necessary  to  be  taken,  as  aforesaid,  for  the  proposed  im-  piats\*  ® 
provement,  the  land  commissioner  shall,  after  giving  six  days’ 
notice  in  the  newspapers  doing  city  printing,  forthwith  proceed 
to  cause  the  said  property  to  be  condemned,  according  to  the 
provisions  of  an  act  of  the  general  assembl}^  of  the  State  of 
Missouri,  entitled  ‘‘An  act  supplementary  to  the  several  acts 
incorporating  the  city  of  St.  Louis,”  approved  January  sixteenth, 
eighteen  hundred  and  sixty;  and,  in  so  doing,  all  notices,  sub-  Process, how is- 

1 in  1 1 1 e e 1 serv- 

poenas,  venires,  attachments,  and  all  processes  on  behalr  of  the 
city  or  other  parties  interested  in  the  proceedings,  shall  be 
issued  by  the  land  commissioner  and  signed  by  him,  and  attested 
by  the  city  register,  under  the  seal  of  the  city,  and  shall  be 
served  and  returned  by  the  city  marshal  to  the  land  commis- 
sioner, according  to  law. 

Sec.  3.  In  all  cases  where  the  city  marshal  may  make  return  Proceedinfis  to 
that  all  the  defendants  named  in  the  original  notice  issued  in 
any  procedure  about  to  lie  begun  for  the  opening,  widening,  or 
altering  of  any  alley,  street,  avenue,  wharf,  or  public  square,  as 
aforesaid,  are  found  and  served  with  such  notice,  the  land  com- 
missioner shall  ii’ive  further  notice,  by  publication  for  ten  days  Notico  to  par- 

° ^ . . ''  iiilerested, 

in  two  daily  newspapers  printed  in  the  city  of  St.  Louis,  to  all  ‘low  st>rvpd. 
other  parties  interested,  whether  in  damages  or  benefits,  that 
such  proceedings  are  about  to  be  had,  and  that  all  such  interested 
parties  may  appear  and  attend  to  their  interests  on  the  day  and 
at  the  place  appointed  by  the  land  commissioner. 

Sec.  4.  The  jury  shall  be  sworn  ])y  the  land  commissioner  oath  toue  taken 
faithfully  and  impartially  to  discharge  the  duties  imposed  upon 
them  by  the  seventh  section  of  the  act  of  the  general  assembly 
of  the  State  of  Missouri,  entitled  “An  act  supplementary  to 
the  several  acts  incorporating  the  city  of  St.  Louis,”  approved 
January  sixteenth,  eighteen  hundred  and  sixty. 

29 


by  jury. 


450 


LAND  COMMISSIONER. 


Impanneling  of 
jury ; to  hear 
evidence. 


To  return  ver- 
dict. 


Land  commis- 
sioner to  render 
judgment,  when. 


To  furnish  ab- 
V stract  to  comp- 
troller. 


Comptroller  to 
advertise. 


To  send  writ- 
ten notice. 


Assessments  to 
be  paid  to  comp- 
troller. 


Lists  to  be  re- 
turned to  land 
commissioner. 


Sec.  5.  The  jury  shall  be  impanneled  in  the  hall  of  the 
common  council,  where  the  evidence  shall  be  heard  on  either 
side ; and,  after  hearing  all  the  evidence,  and  examining  the 
ground  to  be  taken,  owned  by  the  parties  to  be  charged  with 
damages,  or  compensation  to  be  assessed,  they  shall  return  their 
verdict  to  the  land  commissioner. 

Sec.  6.  Immediately  after  the  council  shall  have  confirmed  the 
verdict  of  the  jury,  and  made  an  appropriation  of  the  sum,  if 
any,  awarded  to  be  paid  by  the  city  by  the  verdict  of  the  jury, 
it  shall  be  the  duty  of  the  land  commissioner  to  render  judgments 
in  favor  of  the  city  of  St.  Louis  against  the  several  parties,  and 
against  the  property  charged  by  the  verdict  of  the  jury,  for  the 
payment  of  the  damages  assessed ; and  the  land  commissioner 
shall  also  immediately  make  out  a certified  abstract  or  list  of 
said  judgments,  showing  the  persons,  property,  and  amount,  and 
the  j)ro  rata  cost  up  to  the  rendering  of  the  verdict  of  each 
judgment,  and  shall  furnish  the  same  to  the  city  comptroller, 
who  shall  advertise  said  list  for  ten  days  in  one  or  more  news- 
papers published  in  the  city  of  St.  Louis,  notifying  all  persons 
against  whom  and  against  whose  property  assessments  are  made 
that  they^  may  pay  and  satisfy  the  same  before  execution  shall 
issue  at  the  comptroller’s  office,  and  pay  the  same  to  the  comp- 
troller at  any  time  within  thirty  days  after  said  notice  is  inserted 
[and  the  comptroller  shall  also  cause  written  notice  to  the  same 
effect  to  be  sent  to  all  parties  whose  property  is  assessed,  or 
against  whom  judgment  may  have  been  rendered,  to  be  served 
personally  on  such  parties,  or  the  agents  and  tenants  of  such 
property  ; and  if  personal  service  can  not  be  made  on  such  parties, 
or  their  agents  or  tenants,  said  notice  shall  be  placed  in  the  post- 
office  of  the  city  of  St.  Louis,  addressed  to  such  parties];*  and 
the  comptroller  shall  receive  from  such  parties  as  desire  to  pay 
the  same  all  assessments  levied  against  them  and  against  their 
property,  and  pay  the  same  into  the  city  treasury ; and  at  the 
expiration  of  the  thirty  days  the  comptroller  shall  return  said 
list  to  the  land  commissioner,  with  his  marginal  remarks  tliere- 
on,  showing  what  judgments  have  been  paid  and  what  remain 

*That  part  of  section  six  of  this  article  whicli  is  inclosed  in  brackets 
is  added  to  the  original  ordinance  by  ordinance  No.  551(1,  approved 
March  7,  1805. 


LAND  COMMISSIONER. 


451 


unpaid;  and  the  land  commissioner  sliall  then  immediately  issue  rand  commis- 

^ _ . . , . tiioner  tu  issue 

executions  on  all  judgments  remaining  unpaid,  with  the  })ro  executions. 

rata  cost  for  advertising  and  collecting  the  same  added  thereto, 

directed  to  the  city  marshal,  whose  duty  it  shall  be  to  collect  the  Marshal  to  coi- 

.i  (i  ill’  lect  executions. 

same  from  the  owner  or  owners  or  the  property  charged  in  the 
execution ; and  the  land  commissioner  shall  file  the  said  abstract 
or  list  returned  to  him  by  the  comptroller  in  his  office. 

Sec.  7.  Whenever  judgment  shall  be  rendered  by  the  land  Excess  of  bene- 
commissioner  for  the  condemnation  of  private  property  for  public  ges  may  be  paid 
use,  the  comptroller  is  authorized  to  receive  from  the  owner  of 
property  against  which  benefits  or  damages  have  been  assessed 
the  excess  of  the  benefits  over  and  above  the  damages,  and 
iudgment  shall  thereupon  be  canceled.  All  executions  for  bene-  Executions  to 
fits  shall  be  credited  with  the  amount  of  damages  which  may  be  benefits, 
awarded  in  favor  of  the  party  against  whom  the  execution  shall 
be  issued. 

Sec.  8.  The  execution  to  be  issued  in  each  case  shall  be  a Executions,  na- 
special  fieri  facias^  and  shall  be  in  conformity  Avith  the  judg-  served, 
ment,  and  shall  be  returnable  to  the  land  commissioner  within 
forty  days ; and  it  shall  be  the  duty  of  the  marshal,  unless  other- 
wise directed  by  the  land  commissioner,  to  advertise  and  sell  the 
property  charged  in  the  execution  in  the  manner  prescribed  for 
the  sale  of  real  estate  under  execution  by  an  act  of  the  general 
assembly  of  the  State  of  Missouri,  entitled  “An  act  to  regulate 
executions,”  approved  December  first,  eighteen  hundred  and 
fifty-five. 

Sec.  9.  In  every  sale  under  execution  it  shall  be  the  duty  of  Duty  of  marshal 
the  marshal  to  make  a deed  to  the  purchaser,  Avhich  deed  shall  be  executions, 
acknowledged  before  the  mayor,  and  attested  by  the  city  register, 
under  the  seal  of  the  city,  and  shall  recite  the  execution,  time  and 
place  of  sale,  the  name  of  the  purchaser,  and  the  amount  of  the 
bid ; Avhich  deed  shall  vest  in  the  purchaser  such  title  to  the 
property  named  in  the  execution  as  can  be  conveyed  under  the 
proceedings  had. 

Sec.  10.  The  city  marshal  shall,  unless  the  property  described  Property  to  be 
in  the  execution  brings  the  amount  of  the  execution  and  costs,  city,  unless 

...  rr  1 • f T • 1 1 e aniount  of,  with 

strike  the  same  off  to  the  city  or  St.  Louis  as  purchaser  thereor,  costs,  be  bivi. 
and  shall  make  a deed  therefor  to  the  city  of  St.  Louis,  in  the 
same  manner  as  to  any  other  purchaser. 


452 


LAND  COMMISSIONER. 


Duties  of  laud 
comuiissioncr  to 
keep  record. 


To  record  ver- 
dict of  jury. 


To  file  verdict  in 
register’s  office 


To  file  abstracts 
ill  register’s  of- 
fice. 


Juroi’s  fees. 


Street  - opening 
fund,  how  kept. 


Account  of  judg- 
ments, how  kept. 


Sec.  11.  It  sliall  be  the  duty  ot*  the  land  commissioner  to  keep 
a full  and  complete  record  of  all  the  proceedings  had,  in  the 
matter  of  condemning  private  property  for  public  use,  under  the 
provisions  of  this  ordinance;  and  he  shall,  immediately  after  the 
passage  of  the  ordinance  confirming  the  verdict  of  the  jury,  file 
for  record,  in  the  recorder’s  office  of  St.  Louis  county,  the  verdict 
of  the  jury  in  each  case  in  the  condemnation  of  private  property, 
with  the  plat  of  the  same  thereto  annexed,  with  the  certificate  of 
the  clerk  of  the  board  of  common  council,  attested  by  the  city 
register,  under  the  seal  of  the  city  thereto  attached ; and,  after 
the  same  is  recorded,  he  shall  file  the  same  in  the  city  register’s 
office. 

Sec.  12.  The  land  commissioner  shall  keep  a record  of  detailed 
abstracts  of  the  property  purchased  by  the  city  under  executions, 
and  shall  also  cause  all  deeds  made  by  the  city  marshal  to  the 
city  of  St.  Louis,  as  purchaser  under  ordinance,  to  be  recorded 
in  said  recorder’s  office ; and,  after  the  same  are  recorded,  shall 
file  the  same  in  the  city  register’s  office. 

Sec.  13.  Each  juror  shall  be  entitled  to  receive  a fee  of  one 
dollar  and  fifty  cents  per  day  for  his  services. 

Sec.  14.  The  auditor  and  treasurer  shall  keep  a separate 
account  of  all  moneys  collected  and  paid  into  the  city  treasury 
and  appropriated  by  ordinance  on  account  of  the  opening  of  any 
street,  avenue,  alley,  wharf,  or  public  square  ; such  account  to 
be  styled  “ street-opening  fund.” 

Sec.  15.  Whenever  the  land  commissioner  shall  furnish  to  the 
comptroller  the  abstract  of  judgment,  specified  in  section  six 
of  this  article,  he  shall  take  the  comptroller’s  receipt  for  the 
gross  amount  thereof,  including  the  costs  charged,  and  file  the 
same  with  the  auditor,  who  shall  charge  the  comptroller  with 
such  gross  amount ; and  the  auditor  shall  credit  the  comptroller 
witli  all  receipts  of  the  treasurer  for  moneys  paid  by  him  into  the 
city  treasury  on  account  of  the  street-opening  fund  ; and  also 
credit  him  with  the  gross  amount,  reported  to  the  auditor  by  the 
land  commissioner,  marked  unpaid  by  the  comjjtroller  on  each 
abstract  returned  by  the  comptroller  to  the  land  commissioner. 
And  it  sliall  be  the  duty  of  the  land  commissioner,  immediatel}^ 
on  the  return  of  each  abstract  to  him  by  the  conq)tro]ler,  to 
report  to  the  auditor  the  gross  amount  marked  uii})aid  thereon. 


LAND  COMMISSIONER. 

Sec.  1G.  The  land  coiiiinissioiior  shall  also  take  a receipt  from 
the  city  marshal  for  the  gross  amount  of  all  executions,  including 
costs  charged,  issued  to  him  for  collection,  and  file  the  same  with 
the  auditor,  who  shall  charge  the  city  marshal  with  such  gross 
amount  ; and  the  auditor  shall  credit  the  city  marshal  with  all 
receipts  of  the  treasurer  for  moneys  paid  by  him  into  the  city 
treasury  on  account  of  the  street-opening  fund,  and  also  with 
the  gross  amount  of  executions  under  which  sales  and  deeds 
have  been  made  to  the  city  of  St.  Louis  as  purchaser.  And  it  is 
hereby  made  the  duty  of  the  land  commissioner  to  report  to  the 
auditor  the  gross  amount  of  such  last-mentioned  executions  imme- 
diately upon  the  return  of  the  same  by  the  marshal  to  him. 

Sec.  17.  The  land  commissioner  shall,  in  each  case  of  con- 
demnation of  private  property,  after  the  final  return  of  the  city 
marshal,  make  report  to  the  common  council  of  the  total  amount 
of  damages  assessed  and  to,  be  paid ; of  the  amount  assessed  and 
to  be  paid  as  benefits;  of  the  amount  collected  and  paid  into  the  city 
treasury  ; of  the  amount  appropriated  by  the  city ; of  the  amounts 
of  the  executions  under  which  the  city  became  ])urchaser,  and  the 
amount  to  be  a])propriated  to  provide  for  a deficiency,  if  any,  in 
the  street-opening  fund,  and  for  the  liquidation  of  the  damages. 

Sec.  18.  The  land  commissioner  shall,  immediately  after  the 
city  marshal  shall  have  returned  to  him  all  executions  issued  in 
any  case  of  condemnation  of  private  property,  make  out  a certi- 
fied abstract,  following  the  order  of  the  verdict,  showing  what 
assessments  have  lieen  paid  and  satisfied,  and  the  manner 
thereof,  and  file  the  same  for  record  in  the  office  of  the  recorder 
of  deeds  for  St.  Ijouis  county  ; and,  at  the  filing  thereof,  shall 
cause  a note  to  be  entered  on  the  margin  of  the  record  of  the 
verdict  to  which  said  abstract  refers,  referring  to  the  record  of 
said  verdict. 

Sec.  19.  No  damages  shall  be  paid  in  any  case  un-til  the  final 
return  of  the  city  marshal  to  the  land  commissioner  ; and  six  per 
cent,  annual  interest  shall  be  allowed  on  all  amount  of  damages 
not  paid  within  six  months  after  the  confirmation  of  the  verdict 
of  the  jury  in  each  case,  such  interest  to  commence  at  the 
expiration  of  said  six  months. 

Se(\  29  All  damages  and  costs  iTicurred  and  expenditures  had 
under  the  })rovisions  of'  this  ordinance  shall  be  charged  to  said 


4bP> 


Account  of  exp- 
cutioiii},  how 
kept. 


Land  commis- 
sioner to  report 
to  common 
council  on  final 
return  of  mar- 
shal. 


To  file  abstract 
of  assessments, 
etc.,  in  recor- 
der’s office. 


When  damages 
shall  bo  paid. 


Damages  and 
costs,  how  i)aid. 


454 


LAND  COMMISSIONER. 


Land  commis- 
sioner to  keep 
record  of  requi- 
sitions. 


Engineer  to  take 
possession  of 
propertj'  for 
city  ; to  remove 
buildings,  etc.  ; 
to  sell  buildings 
of  city. 


Purchase  money 
to  be  placed  to 
credit  of  street 
fund. 


l.and  commis- 
sioner to  report 
dedications. 


Engineer  to  re- 
move obstruc- 
tions. 


street- opening  fund,  and  no  money  shall  be  paid  on  account 
thereof,  except  upon  the  warrant  of  the  auditor,  drawn  on  the 
treasurer,  upon  the  requisition  of  the  land  commissioner ; and 
every  such  requisition  shall  give  all  particulars  as  to  the  name 
of  the  claimant,  and  the  nature  and  the  amount  of  the  claim  ; 
but,  in  case  there  is  no  money  to  the  credit  of  the  street- opening 
fund  in  the  city  treasury,  the  auditor  may  draw  his  warrant  for 
the  payment  of  jurors’  fees,  chargeable  to  the  contingent  fund. 

Sec.  21.  The  land  commissioner  shall  keep  a record  in  detail 
of  all  requisitions  made  by  him  on  the  auditor  under  the  pro- 
visions of  this  ordinance. 

Sec.  22.  Upon  the  payment  of  the  damages  assessed  for  any 
property  taken,  thereupon  the  city  engineer  shall  forthwith  pro- 
ceed to  take  possession  of  the  property  for  the  city,  and  remove 
all  buildings  and  improvements  and  obstructions  therefrom,  in 
conformity  with  existing  ordinances,  and  any  expenses  incurred 
thereby  shall  be  charged  to  the  street- opening  fund ; and  if  any 
such  buildings  or  improvements,  by  the  verdict  of  the  jury,  belong 
to  the  city,  they  shall,  provided  the  value  thereof  in  the  opinion 
of  the  city  engineer  exceeds  one  hundred  dollars,  be  sold  to  the 
highest  bidder,  for  removal,  after  ten  days’  advertisement  in  two 
newspapers  printed  in  the  city ; and  all  moneys  arising  from  the 
sale  of  such  improvements  shall  be  paid  into  the  city  treasury  to 
the  credit  of  the  street- opening  fund. 

Sec.  23.  The  land  commissioner,  in  all  cases  where  he  shall 
ascertain  that  streets,  avenues,  alleys,  or  wharves,  have  been 
dedicated  to  public  use  and  have  not  been  opened,  shall  report 
the  fact  to  the  mayor ; and  it  shall  be  the  duty  of  the  city 
engineer  to  proceed  to  open  the  same,  and  remove  all  obstruc- 
tions therefrom,  upon  his  receiving  written  directions,  signed  by 
the  mavor  and  land  commissioner. 


ARTICLE  III. 


Condemning  of  A^aisances, 


Nuisances,  land  SECTION  1.  Whenever  any  street  or  alley  in  the  city  of  St. 
bHi'Sed'o^. Louis  shall  be  declared  a nuisance  l)y  the  board  of  health,  the 
clerk  of  said  board  shall  immediately  notify  the  land  commis- 
sioner of  said  fact. 


LAND  COMMISSIONER. 


455 


Sec.  2.  The  land  commissioner  shall  thereupon  immediately  Jury  to  inquire 

...  . . nuisance. 

summon  a jury  of  six  disinterested  citizens  of  this  city  to  inquire 

into  the  fact  of  the  existence  of  the  alleged  nuisance.  As  soon 

as  the  said  jury  have  been  qualified,  it  shall  proceed  to  the 

locality  of  said  nuisance,  and  view  the  same,  and  return  a 

written  verdict  thereupon  to  the  land  commissioner,  who  shall  7rlu^suinted\^o 

transmit  the  same  to  the  common  council.  council. 

Sec.  3.  Each  juror  shall  be  entitled  to  receive  a fee  of  one  Juror’s  fees, 
dollar  and  fifty  cents  per  day  for  his  services. 

Sec.  4.  All  expenses  incurred  in  holding  inquests,  herein  Expenses  of 

, ^ ° ^ ^ viewing  nuisan- 

authorized,  shall  be  charged  to  appropriations  for  streets  and  ces,  how  paid, 
alleys,  and  the  auditor  shall  issue  his  warrant  for  the  same  upon 
the  certificate  of  the  land  commissioner. 

Sec.  5.  The  city  marshal  shall  serve  all  summons  and  other  city  marshal  to 
process  of  the  land  commissioner  authorized  under  this  article. 

Approved,  August  2,  1864. 


( No.  5569.  ) 

AN  OEDINANCE  TO  FACILITATE  THE  OPENING  OF  STREETS  BY  THE 
LAND  COMMISSIONER. 


Deputy  marshal^  mayor  to  ap- 
point  I 

salary  of. 

duties  of 

Jjand  commissionei' ^ deputy  mar- 


shal to  perform  duties  re- 
quired by ^ 

Mayo7\  to  apjioiut  deputy  mar- 
shal   

Sala/-y,  of  deputy  mar.shal 


2 

1 

1 


Be  it  ordained  hy  the  Common  Council  of  the  City  of  St. 

Louis  : 

Section  1.  The  mayor  is  hereby  authorized  to  appoint,  with  Mayor  lo  ap- 

1 1 f 1 1 1 o -11  • point  deputy 

the  approval  or  the  board  or  common  council,  a deputy  city  marshal, 
marshal,  at  a monthly  salary  of  seventy-five  dollars.  salary. 

Sec.  2.  The  duties  of  the  deputy  city  marshal,  appointed  Duties  of  depu- 
under  this  ordinance,  shall  be  to  perform  all  that  is  reipiired  of 
the  city  marshal  by  ordinance  number  five  thousand  three 
hundred  and  ninety-three,  and  to  make  proper  repoiTs  of  the 
same  to  the  city  marshal ; and  to  perform  such  other  acts 
required  by  the  land  commissioner,  under  said  ordinance  five 
thousand  three  hundred  and  ninety-three,  as  may  expedite  the 
work  of  the  said  commissioner. 

Approved,  March  24,  1865. 


456 


MARKETS. 


(No.  5434.) 

MARKETS. 

AN  OEDINANCE  IN  EELATION  TO  MAEKETS. 


Animal  offals  not  to  be  deposit- 
ed in  niarket^pbices V,  § 11 

Animals^  certain,  llesli  of  not  to 

be  sold V , 9 

not  to  be  driven  or  ridden  into 

markets V,  11 

dead,  not  to  be  thrown  on 

market-places V,  11 

dangerous  or  unruly,  not  to  be 
brought  into  market-places 

V,  19 

Articles,  manufactured  in  city, 

not  to  be  sold  at  markets  V,  22 
oftered  for  sale,  market-mas- 
ters to  examine IV,  2 

oftered  for  sale,  market-mas- 
ters to  seize,  when IV,  2,  8 

seized,  how  disposed  of...IV,  4,  8 
Auditor,  to  charge  account  of 
rent  of  stalls  to  collectors  III , 6 

Bacon,  who  may  sell V,  0 

Bacon  venders,  may  sell  salted 

meat V,  7 

Beef,  places  for  sale  of,  by  the 

quarter 1,  10,  18 

Bidders  tor  stands  or  stalls  to 
forfeit  mone}"  paid,  when  III,  4 
Blown  meat,  marketr-niasters  to 

seize IV,  2 

not  to  be  sold V,  9 

duties  of  market-masters  con- 
cerning  V,  9 

Board  of  health,  meat-shops  to 

be  under  control  of. VII I,  3 

Board  of  -permits  for  meat-shops, 

how  comi)osed VIII,  I 

Butchers,  what  part  of  North 

market  to  occui)y I,  7 

may  keep  meat-shops,  when 

VIII,  4 

Butchers’  stalls,  what  part  of  city 

market  set  apart  for I,  14 

when  to  be  leased ...III.  1 

who  to  grade  prices  of. Ill,  2 

what  period  i‘ent(“d  for Ill,  2 

to  be  painted,  wlien Ill,  23 

Butchers’’  wagons,  sj)ace  set  apart 

for  at  Center  mai’ket VI,  1 

Butter,  how  to  be  sold  in  mar- 
kets  V,  21 

how  stands  may  l)e  leascid  for 

sale  of. ‘ V,  28 

Center  market,  i)i'Ovisions  con- 
cerning  I. 


Center  market,  located I,  \ 1 

Charcoal,  may  be  burned  in 

market,  how V,  IG 

City  market,  provisions  con- 
cerning  I. 

located I,  8 

Clover,  place  for  sale  of,  at  city 

market I,  13 

Coffee,  maybe  sold  in  markets  V,  15 
Coffee-stands , when  to  be  graded 

III,  13 

comptroller  may  re-let,  when 


HI,  16 

who  to  locate  and  regulate 

number  of. Ill,  19 

lessee  of,  violating  certain 

provisions,  penalty V,  IG 

Collectors,  to  demand  rent  for 
stalls  and  stands HI,  G 


Committee  on  markets,  chairman 
of,  to  grade  prices  of  stalls 

HI,  2 

may  lease  stalls  and  stands... V,  28 
to  grade  prices  of  lish-stalls 

and  coftee-stands HI,  13 

to  locate  and  regulate  coftee- 

stands HI,  19 

Comptroller,  may  lease  certain 

stands  for  sale  of  fowLs I,  14 

to  lease  vacant  stalls,  when  HI,  1 

to  grade  prices  of  stalls HI.  2 

to  give  notice  of  leasing  stalls 

HI,  3 

to  give  notice  of  rent  for  stalls 

being  due HI,  6 

may  lease  unexpired  term  of 

stalls  and  stands HI.  8 

to  grade  prices  of  ftsh-stalls 

and  coftee-stands Ill,  13 

not  to  consent  to  transfer  of 

lease,  when Ill,  15 

may  re-let  vacant  lish-stalls  HI,  IG 
to  insert  certain  ])roviso  in 

lease  for  lish-stands HI,  17 

to  locate  cofte(',-stands I II,  19 

may  lease  stalls,  how V,  28 

to  grant  pei-mits  for  nu'at- 

sliops VHl,  1 

Corn,  place  for  sale  of,  ati  (.*ily 

market I,  13 

Cows,  how  to  be  sold  in  markers 

, 20 

Dangerous  animals,  not  to  be 

brought  on  mark(d-plac(;s  \ , 19 


lAIAllKETS. 


Dead  animaU^  not  to  bo  thrown 

into  m:irkot-|)laoos W ^ I] 

Dealer,s  in  provii^ions , not  to  sc'Il 

in  in:irlv(*ts A" I,  4 

not  to  pnrcliaso  in  markets 

except  for  own  use VI,  4 

Diseased  live  aniina/s^  not  to  l)e 

sokl  in  markets A",  8 

Diseased  ?neat,  market-mastei’s 

to  seize IV,  2 

Disorderly  persons,  market- mas- 
ters may  eject  from  markets 

JV,  9 

Disputes  between  buyer  and 
vender,  market- master  to 

settle I\A  2 

Does,  sale  of  reg’idated VII,  1,  2 

Dogs,  not  to  be  brought  into 

market-places V , 19 

Dressed  fowls , certain  stalls  may 

be  rented  for  sale  ot I,  14 

place  for  sale  of  set  apai-t I,  15 

Dressed  poultry , bow  stands  may 

be  leased  for  sale  of V,  28 

Drinking,  table  for,  in  market, 

not  pei'initted V,  15 

Eating,  tabb^  for,  not  perniitt(*d 

in  market V , 15 

Eggs,  how  stands  may  be  leased 

for.  sale  of. V,  28 

Exposing  for  sale,  what  deemed 

to  lie V,  2:1 

Earmers,  who  deemed  to  be... VI,  8 
may  sell  meat  by  the  (piarter  V,  (5 
to  i)ay  no  fee  for  occn})yin<i’ 

stands VI,  8 

Farmers'  wagons,  stands  for,  at 

North  mai-ket I,  8;  VI,  2 

mai-ket-mast(!rs  to  sn[)ervise...l , 8 

at  City  mark(“t I,  9 

at  Center  mai-ket VI,  1 

Fawns , sale  of  rc'^’iilatet  1 ...  V 1 1 , 1 , 2 
Fees,  of  market  - masters  for 

vvei^bin^’ IV,  7 

of  reo-ist(*r,  for  issnino-  nuait- 

sbop  li(;enses VIII,  8 

Fermented  liguors,  not  to  be  sold 

in  markets V,  15 

Filth,  not  to  b(!  d(*i)osit(‘d  in 

market  plac(*s V , 1 1 

Fires,  not  to  be;  kindled  in  mar- 
ket, (except V,  1(> 

Fish,  place*,  for  sale  of  iit  North 

market I,  7 

not  to  b(5  sold  to  be  eab'ii  in 

market V,  15 

penalty  for  selling-  without  li- 

C(*nse VIII,  2 

dead,  not  to  be  thrown  on 

nnirke't-plac.es V , 1 1 

Fish-stands , who  to  ‘'•rade  pri(;{*s 

of Ill,  18 

part  of  C(‘nt<*r  mark<4  not  to 
be  leased  foi- Ill,  18 


Fis/i -stands,  amount  bid  foi-,  to 
b(*  paid  to  (joinjitroller  III,  ^ 14 
becoming-  vacant,  comi»troller 

may  i(‘-let Ill,  IG 

biases  for,  to  contain  proviso 

III,  17 

of  certain  animals,  not  to 

be  sold V,  9 

Footways  around  markets,  mar- 
ket-masters to  s])rinkle IV,  5 

market- masters  to  keep  clear 

of  ice IV,  G 

Fowls,  dead,  not  to  lie  thrown 

into  market-places V.  11 

Fresh  meat,  places  for  sale  of  by 

the  quarter 1,  10,  18 

none  bnt  lessees  of  biitcfRo-s’ 

.stalls  to  sell V,  5 

to  be  sold  only  at  .stalls V,  5 

not  to  ])e  .sold  without  license 

VIII,  2 

penalty  for  selling  without 

liceil.se VIII,  2 

Fruit,  penalty  for  bneksters  pur- 
chasing dnriim'  market  houi's 

VI,  4 

/^7vhz'-.s?‘anfi'.s  at  (!ity  market  I,  12,  15 

when  to  be  leased Ill,  1 

Fuel,  not  to  be  kindled  in  mar- 
kets, (*xc(‘pt V,  IG 

Game,  ])iace  for  sale  of  at  North 

market I,  7 

lihice  for  sale  of  at  City  mar- 

k(‘t 1,  12 

penalty  for  purebasino’.  etc..VI.  4 
jirovisions  conc('rnin<*'  sale  of  VII. 
]>enalty  for  .selling-  without 

lic(‘ns(* VIII,  2 

General  provisions  concerning*’ 

markets V'. 

Goods,  manufactured  in  city,  not 

to  be  sold  at  markets V,  22 

Grocers,  notto.s(*ll  in  markets  VI,  4 
not  to  pnrclia.se  in  markets, 

(‘xee|)t  for  own  use VI,  4 

.sale  of  re<inlat(‘d...VIl.  1,  2 

hams,  who  may  sell V,  G 

I fay,  iilace  tor  sale  of  at  City 

inarket ,’l,  18 

Heath  hens,  sale  of  r(*<^nlat(*d 

VII,  I,  2 

Hogs,  how  tolxi  sold  in  markets 

V,  20 

Honey,  bow  to  be  .sold  in  mar- 

lu'ls V,  21 

Horses,  not  to  b(i  driven  or  rid- 

d(*n  into  mark(*t-place.s V,  11 

bow  to  b(‘  sold  in  markets... V,  20 
Huckstering , r(‘«nlations  (ion- 


ciirnin^’ VI. 

Hucksters,  penalty  a^’ainst  for 
imrehasing’  during’  market 
bonrs VI,  4 


458 


MARKETS. 


Hucksters'  stayids  at  Center  mar- 
ket  VI,  1 

at  North  market VI,  2 

Hydrants,  markets  to  be  sni)i)lied 

with V,  4 

Idling  in  markets  probibited...V,  17 
Impure  articles^  market- masters 

to  seize IV,  2 

Informers,  to  rec(*ive  one-half 
certain  lines  VII,  4;  VIII,  2,  3 
Intoxicated  persons,  not  to  fre- 
quent market-places V,  18 

Jacks,  how  to  be  sold  in  mar- 
kets  V,  20 

Lamps,  market-masters  to  keep 

burning’  in  markets IV,  10 

Lard,  how  to  be  sold  in  markets 

V,  21 

Lease  o f stall  or  stand  to  be  for- 
feited, when V,  7,  24 

to  contain  clause  of  forfeiture 

III,  12,  22 

Leasing  of  stalls  and  stands,  pro- 
visions concerning' III. 

Lessees  occupying  stalls  or  stands 
after  forfeiture,  penalty  ...III,  9 
not  occupying  stalls  or  stands, 

lease  to  be  forfeited V,  24 

Licenses  for  meat-sbops,  how 

obtained VII  I,  1 

register  to  issue VII I,  1 

amount  to  be  paid  for VIII,  1 

Liquoi's.  not  to  be  sold  in  mar- 
kets  y,  15 

Live  animals,  how  to  be  sold  in 

markets V,  20 

Lounging  about  markets,  prohib- 
ited  V,  17 

Lucas  ynarket,  provisions  con- 
cerning  I. 

located.... I,  4 

Market,  persons  selling  in  not 

to  pnrcha.se  for  others V,  10 

nothing  to  be  sold  in  on  Sun- 
day  V,  14 

Market  grounds,  market- masrers 
to  superintend  wleaning  of  IV,  5 
market-masters  to  sprinkle  IV,  5 
Market  hours,  parties  occn])ying 
stands  or  stalls  to  keep....III,  11 

fixed V,  1 

mai’ket-masters  to  ring  bell 

at  close  of V,  2 

duty  of  les.sees  of  stalls  and 

stands  at  close  of. V,  3 

Market  houses  and  places,  market- 

masters  to  sni)ervi.se iV,  2 

market-masters  to  have  cus- 
tody of IV,  2 

Market-mast eu'S , provisions  con- 
cerning  IV. 

authority  of  to  fix  rides  and 

regulations II. 

to  enforce  certain  pi’ovisions  VI , 2 


Market -masters , to  post  rules 
and  regulations  on  mar- 
kets....5 II,  \ 3 

to  keep  snttici(*nt  number  of 

tisli-stands Ill,  18 

may  permit  occupation  of  va- 
cant stands,  how Ill,  19 

to  give  recei])t  for  moneys  III,  20 
to  iicconnt  for  moneys  I’e- 

ceived HI,  20 

failing  to  account  for  moneys, 

penalty Ill,  21 

making  excessive  charges, 

penalty Ill,  21 

how  appointed IV,  I 

duties  and  powers  of... IV,  2 — 10; 
V,  2,  3,  4,  9,  20,  27;  VI,  2; 
VII,  3. 

of  pi’ivate  markets,  duties  and 

powers  of. V,  27 

Markets,  when  to  be  open V,  1 

ordinance  concerning,  how 

applied V,  27 

Mayor,  to  approve  rules  and 
regulations  concerning  mar- 
kets  I,  10 

to  grant  permits  for  meat- 

shops VIII,  1 

Meat,  of  certain  animals,  not  to 

be  sold V,  9 

of  certain  aniimds,  duties  of 
market-masters  concerning  V,  9 
not  to  be  thrown  into  market 

places' V,  11 

not  to  be  sold  to  be  eaten  in 

markets....'. V,  15 

Meat,  fresh,  place  for  sale  of  by 

the  quarter I,  10,  18 

Meat-shops,  provisions  concern- 
ing  VIII. 

where  to  be  located VIII,  1 

how  to  be  kept VIII,  3,  5 

to  be  under  control  of  board 

of  health VIII,  3 

may  be  declared  nnisancesVIII , 3 
licen.se  for,  bow  obtained  VIII,  I 
license  for,  how  transferred 

VIII,  3 

who  deemed  ])rincipal  of....AHII,  3 

butchers  may  kee|) V III,  4 

Mei'chandise  made  in  city,  not  to 

be  sold  in  markets.* V,  22 

Mules,  how  to  be  sold  in  mar- 
kets  V,  20 

Nauseous  substa7ices,  not  to  be 

tin-own  into  markets X,  11 

North  onarket,  provisions  con- 
cerning  I,  VI,  2 

located... I,  2 

stands  lor  farmers’  wagons  at  1 , 3 
Oats,  jilace  for  sale  of,  at  City 

mark('t I,  13 

Occupants  of  stori's,  certain  spa(‘(‘ 
allowed  to VI,  4 


MARKETS. 


45!) 


Offal  not  to  be  tlirowii  into  nnir- 

ket  places V,  ^11 

Offer  to  sell,  what  deemed  t o be  V , 23 
Order ^ market-masters  to  en- 
force  IV^,  2 

Oxen,  how  to  be  sold  in  mar- 
kets  V,  20 

Partridges,  sale  of  regnlated 

VII,  I,  2 

Penalties  for  certain  offenses I, 

17;  II,  9,  11,  21;  IV,  7;  V, 
26;  VI,  4;  VIII,  2,  3,  5. 
Pheasa?its,  sale  of  regulated 

VII,  1,  2 

Plated  meat,  etc.,  not  to  be 

sold V,  9 

duties  of  market-masters  con- 
cerning  V,  9 

Pork,  place  for  sale  of  b}"  the 

quarter I,  10,  18 

Poultry,  dressed,  how  stands 
may  be  leased  for  sale  of...V,  28 
Penalty  for  buying  during  mar- 
ket hours,  bv  hucksters, 

etc : VI,  4 

Prairie  chickens,  sale  of  regula- 
ted  VII,  1,  2 

President  o-f  common  council,  to 
grant  permits  for  meat-shoi>s 

VIII,  1 

Private  markets,  how  to  be  regu- 
lated  V,  27 

powers  of  mai-ket-masters  of  V,  27 
Producers,  may  sell  meat  by  the 

quarter..."..- V,  6 

Provisions,  not  to  be  sold  after 

market  hours V,  4 

Putrid  meat,  etc. , not  to  be  sold 

V,  9 

Cluails,  sale  of  regulat(Hl...VII,  1,  2 
Raised  meat,  etc. , not  to  be  sold 

V,  9 

duties  of  market-masters  con- 
cerning  V,  9 

Recorder,  to  issue  warrant  on 

atlidavit,  etc VII,  3 

Refreshments,  certain,  may  be 

sold  in  markets V,  15 

Register  (city),  copy  of  market 
regulations  to  be  filed  with  II,  2 
to  publish  market  regulations  II,  3 
to  furnish  blank  receipts  to 

market- masters Ill,  20 

to  issue  licenses  for  meat-shops 

VIII,  3 

Regulations  concei’ning  markets 

II,  V. 

market-masbu-s  to  enforce... IV,  2 
Rent  for  stalls  or  stands,  comj)- 
troller  to  give  notice  when 

due Ill,  G 

notice  for,  how  served Ill,  6 

when  unpaid,  lease  to  b(*  for- 
feited  III.  7 


Rules  and  regulations  concerning 

markets II,  V. 

r(*gister  to  i)ublish II,  ^ 3 

market-masters  to  i)Ost II,  3 

mark{4-masters  to  make  for 

stands,  etc II,  I 

to  be  submitted  to  mayor  for 

approval II,  2 

Salted  meat,  who  may  sell  in 

quantities ". V,  7 

none  but  lessees  to  sell V,  7 

Sausage  meat,  who  onh^  to  sell  V,  6 

Sausages,  penalty  for  selling 

without  license Vlll,  2 

Scales  for  weighing,  market- 

masters  to  keep IV,  7 

Security  im'  rent  of  stalls,  lessees 

to  give Ill,  5 

Seized  articles,  duties  of  market- 

masters  concerning IV,  4 

Sheppai'd  market,  provisions 

concerning I,  19,  20 

Shoulders,  who  only  may  sell. ..V,  6 
Sick  animals  not  to  be  sold  in 

markets V,  8 

Sides,  who  oidy  may  sell V,  6 

Spare  ribs,  who  only  may  sell...V,  6 

Spirituous  liquors  not  to  be  sold 

in  markets V,  15 

Stalls,  butchers’,  what  part  of 
city  market  set  apart  for. ..I,  14 
may  be  rent(Ml  for  sale  of 

dressed  fowls I,  20 

Stalls,  pi'ovisions  foi*  haislng...!!!. 

{See  stalls  and  stands.) 

Stulls  and  stands,  occupying 
without  authority,  p"en- 

' alty Ill,  9 

duties  of  ])arties  occupying  III,  11 
lease  for,  not  ti'ansferable.  III,  12 
parties  to  hold  one  only. ...Ill,  15 
more  than  one  bid  off,  for- 
feited  Ill,  15 

not  transferable  w i t h o u t 

comi)troller’s  consent Ill,  15 

market-master  may  permit 

occupation  of. Ill,  19 

what  rah;  to  be  ])aid  for III,  19 

failing  to  be  occiipied,  for- 
feited  V,  24 

Stands,  what  si)ace  to  occupy...!,  11 

])rovisions  for  leasing III. 

{See  stalls  and  stands . } 

Stands  for  farmers'  wagons  at 

North  market I,  3 

at  (hty  market I,  9,  12 

Stores,  certain  si)ace  allowed  to 

oc-cu])ants  of. VI,  2 

Straw,  place  for  sale  of  at  City 

market I,  13 

Stuffed,  meat,  etc.,  not  to  be 

sold V,  9 

Sunday,  nothing  to  be  sold  in 

markets  on V,  14 


4G0 


MARKETS. 


Table, ^ not  to  bo  kept  in  markets 
for  eating- or  <li-inkin^...V,  I 15 
Tavern-keepers,  persons  selling 
in  markets  not  to  purchase 

for V,  10 

Teams,,  not  to  occupy  certain 

places 1,  17 

Unruly  animals,  not  to  be  brought 

to  market  places ~V,  19 

Unsound  articles^  market-masters 

to  seize IV,  2 

Unsound  meat,  etc.,,  not  to  be 

sold  in  markets V,  9 

duties  of  market-masters  con- 
cerning  V,  9 

Unwholesome  articles,  market- 

masters  to  seize TV,  2 

Vegeta, hie  offal,  not  to  be  thrown 

on  market  place V,  11 

Vegetable  stands,  at  North  mar- 
ket  I,  7 

how  much  space  to  occup}  ...I,  11 

at  City  market T,  12,  15 

when  to  be  leased Ill,  1 

Vegetables  not  to  be  sold  to  l)e 

eaten  in  market V,  15 

hucksters  not  to  buy  during 

market  hours VI,  4 

penalty  for  buying VI,  4 

penalty  for  selling  without 

license VIII,  2 

Vehicles,  market-masters  to  di- 
rect placing  of. V,  12 

to  be  remowd  from  mark(h 
places,  when V,  13 


Venison  fresh,  sale  of  regula- 
ted  .....VII,  'i  1,  2 

Violaihig  market  ordinance,  pen- 
alty  Ill,  11 

Violation,  second,  of  market  or- 
dinance, penalty V,  2G 

Wagons,  butchers’,  place  for  at 

"City  market I,  IG 

market-masters  to  assign 

places  for IV,  2 

Wares,  manufactured  in  the 
city,  not  to  be  sold  at  mar- 
kets  V,  22 

Weiqhinq,  market-masters’  fees 

for IV,  7 

none  but  market-masters  per- 
mitted at  markets IV,  7 

Weight  of  articles  otfered  for 
sale,  market-masters  to  ex- 
amine  IV,  2 

W^ild  bucks , sale  of  r e g u - 

lated VII,  1,  2 

W^ild  game,  place  for  sale  of  at 

North  market I,  7 

may  be  sold,  how V,  G 

how  stands  for  sale  of  mav 

be  leased V,  28 

provisions  concerning  sale 

of '. VII. 

WHld  turkeys,  sale  of  regu- 
lated  VII,  1,  2 

W^ine,  not  to  be  sold  at  mar- 
kets   V , 15 

W^oodcocks , sale  of  r e g u - 
lated VII,  1,  2 


Be  it  ordained  hy  the  Common  Councit  of  the  City  of  St. 
Louis . 


ARTICLE  I. 


City,  Center,  J\\)rth,  Sheppard,  and  Lucas  Markets. 


Center  market, 
located. 


Xorth  market, 
located. 


Stands  for  far- 
mers’ waftons  at 
North  market. 


Section  1.  Block  number  four  liuntlred  and  seventeen  in  tlie 
city  of  St.  Louis,  bounded  nortli  by  Siiruce  street,  south  by 
Poplar  street,  east  by  Seventh  street,  and  west  by  Eighth  street, 
shall  constitute  and  lie  known  as  the  Center  market. 

Sec.  2.  All  that  portion  of  Third  street  north  of  Wasliington 
avenue,  and  all  that  portion  of  Bi-oadway  south  of  Carr  street, 
and  the  sidewalks  of  Broadway  from  Morgan  street  to  Biddle 
street,  sliall  constitute  and  lie  knoAvn  as  tlie  North  market. 

Sec.  o.  All  that  portion  of  Broaihvay  on  either  side  thereof, 
and  next  to  the  sidewalk,  which  lies  between  ^Torgall  street  and 
Carr  street,  and  so  much  of  the  east  side  of  Eourth  street  as 


MARKE^rS. 


41)1 


lies  ])etwecn  jMorgaii  street  and  Franklin  avenue,  along  the 
curbstone,  be,  and  the  same  is  bereby,  set  apart  as  stands  for 
farmers’  ^vagons,  and  considered  a part  of  the  North  market, 
coming  under  the  rules  and  regulations  of  said  market,  and  the 
supervision  of  the  market-master. 

Sec.  4.  All  Twelfth  street,  from  Market  street  on  the  south  Lucas  market, 

located. 

to  St.  Charles  street  on  the  north,  between  the  west  line  of  east 
Twelfth  street  and  the  east  line  of  west  Twelfth  street,  and  the 
sidewalks  on  the  same,  is  hereby  delared  to  be  a public  market, 
to  be  known  and  designated  as  the  Lucas  market.  * 

Sec.  5 [71.  All  that  portion  of  the  North  market  house  on  vejretabie 

^ ^ ^ _ stands  in  north 

the  west  outer  side  of  the  same  is  set  apart  for  vegetable  stands  ; u^arket. 
and  all  that  portion  on  the  east  outer  side  of  the  same  is  set  autciiers’ stalls, 
apart  for  the  use  of  butchers  ; and  the  sidewalks  and  space  at 
the  south  end  of  the  market-house  are  set  apart  for  the  sale 

1 stands. 

of  fish  and  wild  game. 

Sec.  6 [8].  All  that  portion  of  Broadway  north  of  Carr  City  market,  lo- 
street  and  south  of  Cass  avenue,  and  all  that  portion  of  Fifth 
street  north  of  Carr  street,  and  all  that  portion  of  Biddle 
street  west  of  Fifth  street  and  east  of  Seventh  street,  and  all 
that  portion  of  O’Fallon  street  from  Broadway  to  Seventh 
street,  shall  constitute  and  be  known  as  the  (hty  market. 

Sec.  7 [9].  All  that  portion  of  Broadway  from  Carr  street  Farmers  and 
to  Biddle  street,  and  west  of  the  sidewalks  thereof,  shall  be,  stands  at  city 

11  .1  p,  . . market. 

and  the  same  is  herefiy,  set  apart  for  wagons  [bringing  pro- 
duce to  market  for  sale,]  f and  considered  a part  of  said  City 
marker. 

Sec.  8 [10].  The  sidewalks  on  the  west  side  of  Fifth  street,  stands  tor  sate 
from  Biddle  to  O’Fallon  street,  are  hereby  set  apart  for  the  sale  quarter, 
of  fresh  meat  by  the  (piarter. 

Sec.  9 [11].  All  butchers’  stands,  veg-etables,  fruit,  fowl,  fish,  size  of  stands 
aud  all  other  such  stands  outside  of  the  market-house,  shall  not 


* Section  four  of  this  article  is  tln^  tirst  section  of  ordinance  No.  5508, 
approved  June  5,  1805.  The  fourtli,  fifth,  and  sixtli  Sectiotis  of^  this 
article,  in  the  original  ordinance,  are  repealed  by  ordinance  No.  5021, 
passed  by  the  common  council,  the  mayor’s  objetdions  thereto  notwith- 
standing, July  19,  1805. 

t 8o  much  of  this  section  (which  in  the  oriuMnal  is  section  nine)  as  is 
inclosed  within  brackets  is  an  amendment  added  by  ordinance  No.  5021, 
passed  by  the  common  council  July  10,  1805. 


4G2 


MARKETS. 


Vegetable,  fruit 
and  game 
stands. 

Stand?  for  far- 
mers wagons. 


Stand  for  vehi- 
cles bringing 
feed. 


Butchers’  stalls. 

Stalls  not  leased 
may  be  rented 
for  sale  of  fowls. 


Stands  for  sale 
of  fowls. 


Fruit  and  veget- 
able stands. 


Stand  for  butch- 
ers’ wagons. 


Regulations 

concerning 

teams. 


Penalty. 


I’lace  for  sale  of 
beef  and  pork  by 
the  <iuarter. 


occupy  a greater  space  along  the  curbstone  than  eight  feet,  and 
extending  from  the  same  three  and  a half  feet  deep. 

Sec.  10  [12].  The  east  side  of  Broadway,  from  Biddle  to 
Bates  street,  is  hereby  set  apart  for  vegetable  and  fruit  stands, 
and  the  sale  of  dead  game ; and  all  that  portion  next  to  the  curb- 
stone on  the  west  side  of  Broadway,  from  O’Fallon  street  to  Cass 
avenue,  is  hereby  set  apart  for  farmers’  wagons. 

Sec.  11  [13].  All  that  portion  of  Fifth  street  from  Carr  to 
Biddle  street,  and  the  east  side  of  Broadway  from  Bates  street  to 
Cass  avenue,  is  hereby  set  apart  for  teams  bringing  corn,  oats, 
hay,  clover  or  straw,  for  sale  ; the  teams  occupying  Fifth  street, 
from  Carr  to  Biddle  street,  shall  be  located  in  the  center  of  said 
Fifth  street,  thereby  making  an  open  passage  on  either  side 
thereof. 

Sec.  12  [14].  All  the  inner  portion  of  the  market-house  shall 
be,  and  is  hereby,  set  apart  for  butchers’  stalls  : But  provided^ 
however^  all  of  such  stalls  that  may  not  be  leased  or  rented  for 
said  purpose,  the  comptroller  shall,  and  he  is  hereby,  authorized 
to  lease  or  rent  the  same,  by  the  month  or  otherwise,  for  the  sale 
of  dressed  fowls. 

Sec.  13  [15].  All  that  portion  on  the  east  outer  side  of  the 
market-house  is  hereby  set  apart  for  the  sale  of  dressed  fowls, 
and  all  that  portion  of  the  west  outer  side  of  said  market-house 
is  hereby  set  apart  for  fruit  and  vegetable  stands. 

Sec.  14  [16].  Biddle  street  from  BroadAvay  to  Sixth  street, 
and  O’Fallon  street  from  Broadway  to  Sixth  street,  and  the  west 
side  of  Sixth  street  from  Carr  to  Biddle  street,  are  hereby  set 
apart  for  butchers’  wagons. 

Sec.  15  [17].  It  shall  not  be  lawful  for  teams  to  occupy  or 
remain  a longer  time  than  may  be  necessary  to  unload  or  load 
their  respective  teams  within  the  following  limits,  to-Avit:  Broad- 
way, from  Biddle  to  O’Fallon  street  ; and  Fifth  street,  from 
Biddle  to  O’Fallon  street  ; and  whoever  violates  this  section  shall 
be  ddemed  guilty  of  a misdemeanor,  and  forfeit  and  pay  to  this 
city  a sum  not  less  than  one  nor  more  than  tAventy-five  dollars,  to 
be  recovered  as  other  penalties  for  misdemeanor. 

Sec.  16  [18].  That  part  of  Rutgers  street  bctAveen  Second 
street  and  Fifth  street  is  here1)y  set  apart  for  tlie  selling  of  beef 


MARKETS. 


and  pork  by  the  quarter,  under  the  regulations  and  restrictions 
governing  the  same  in  other  city  markets. 

Sec.  17  [19].  The  city  engineer  is  liei-ehy  directed  to  cause  shpppani  mar- 
a market-house  to  he  erected  on  the  lot  of  ground  dedicated  for 
this  purpose  hy  Elisha  H.  Sheppard,  hounded  hy  Carondelet 
avenue,  Miami  street,  and  Capitol  avenue,  of  capacity  sufficient 
to  contain  four  stalls,  and  of  such  hight  and  dimensions  as  he 
may  deem  necessary  and  proper ; and  the  sum  of  one  thousand 
five  hundred  any  fifty  dollars,  or  as  much  thereof  as  may  be 
necessary  for  said  purpose,  is  hereby  appropriated  out  of  the 
contingent  fund,  to  he  applied  in  the  payment  of  the  cost  of 
the  erection  of  said  building. 

Sec.  18  [20].  When  said  building  shall  he  completed  the  subject  to  mar- 
same  shall  he  used  as  a public  market,  and  shall  be  known  as  •'‘'s«‘ations. 
“Sheppard  market,”  subject  to  all  the  rules  and  regulations 
made  for  other  markets  of  the  city. 

ARTICLE  II. 


Market- Masters^  Rules  and  Regulations. 

Section  1.  Proper  authority  is  hereby  given  to  the  market-  Power  of  market 
master  of  each  market,  and  it  is  made  their  duty  respectively,  ubiuh niiL ami 
to  make  all  needful  rules  and  regulations  touching  the  designa- 
tion  and  arrangement  of  vegetable  and  fruit  stands,  and  the 
arrangement,  stationing,  and  removal  of  all  Avagoiis,  carts,  and 
other  vehicles  used  or  brought  by  marketers  within  the  boundaries 
of  limits  set  a])art  for  public  market  purposes : Provided such 
rules  and  regulations  are  not  inconsistent  with  the  ordinances 
and  charter  of  the  city. 

Sec.  2.  Before  any  of  the  rules  and  regulations  made  in  r„ios  and  ro«u- 
pursuance  hereof  shall  take  effect,  they  shall  be  submitted  to  proved’ 
the  mayor  and  the  jiresident  of  the  board  of  common  council 
for  their  approval;  and,  if  they  approve  such  rules  and  regula- 
tions, they  shall  endorse  their  apjiroval  thereon,  and  cause  a 
copy  of  the  rules  and  regulations  so  approved  to  be  filed  in  the 
office  of  the  city  register. 

Sec.  8.  Immediately  after  the  making  and  approval  of  any  ruips  and  r kh- 
rules  and  regulations  for  either  of  the  markets,  it  shall  be  the 
duty  of  the  register  to  have  the  same  published,  in  the  same 


MARKETS. 


manner  and  for  the  same  lengtli  of  time  as  ordinances  of  the 
city  are  required  to  be  published;  and  also  cause  a sufficient 
number  of  such  rules  and  regulations  to  be  printed,  in  handbill 
form,  for  posting,  and  deliver  the  same  to  the  market-masters, 
respectively,  to  be  posted ; and  they  shall  post  up  the  same  in 
the  most  public  and  conspicuous  places  in  and  about  the  several 
markets  and  market-grounds  ; and  each  market-master  shall 
keep  posted  up,  in  a conspicuous  place  in  his  office,  a copy  of 
all  the  rules  and  regulations  made  in  pursuance  hereof  for  each 
and  all  the  market-houses  and  market-grounds  within  the  city. 


ARTICLE  III. 


Leasing  of  Stalls^  Stands^  etc. 


Leasing  of 
butchers’  stalls 


Lease  of  vegeta- 
able  stands. 


liutchers’  stalls, 
who  to  grade 
price  of. 


Leasing  to  be  at 
auction. 


ladders  to  pay 
certain  sum  on 
bidding. 


Sum  forfeited  on 
failure  to  exe- 
cute lease. 


Section  1.  It  shall  be  the  duty  of  the  comptroller,  on  the 
first  Monday  of  each  year,  to  lease  all  the  vacant  butchers’  stalls 
in  the  City,  Center,  North,  and  Lucas  markets,  respectively; 
and,  on  the  first  Monday  in  May  of  each  year,  he  shall  lease 
all  the  vacant  vegetable  and  fruit  stands  in  the  Center,  North, 
City,  and  Lucas  markets,  excepting  the  vegetable  stands  on 
north  Twelfth  street.* 

Sec.  2.  The  comptroller,  and  the  chairman  of  the  committee 
on  markets  of  the  board  of  common  council,  shall  establish  and 
grade  the  prices  upon  the  butchers’  stalls,  and  they  shall  be 
leased  for  the  term  of  one  year. 

Sec.  8.  Such  leasing  shall  be  at  public  auction,  to  the  highest 
bidder,  and  the  comptroller  shall  give  at  least  ten  days’  public 
notice  of  the  time  and  place  of  such  leasing  in  all  the  papers 
employed  in  the  city. 

Sec.  4.  Every  person  bidding  off’,  or  taking  at  its  valuation, 
any  stall  or  stand,  shall,  at  .the  time  of  so  doing,  pay  to  the 
comptroller  ten  dollars,  which  shall  be  credited  upon  his  first 
payment;  and  if  he  fail,  within  three  days  thereafter,  to  execute 
the  lease  for  the  stall  or  s -,and  as  bid  off’  by  him,  and  the  comp- 
troller shall  be  within  that  time  ready  to  execute  the  lease 
on  behalf  of  the  city,  the  said  sum  shall  l)e  forfeited  to  the 
citv. 


* Tills  section  of  the  oriofinal  ordinance  is  aniendf'd  so  as  to  incliulf' 
Lucas  market,  by  ordinance  No.  551)8,  apiiroved  dime  5,  18(15. 


MARKETS. 


4G5 


Sec.  5.  Each  lessee  shall,  in  his  lease,  provide  two  or  more  Lessees  to  give 

^ , , security. 

securities,  to  be  approved  by  the  comptroller,  who  shall  be  jointly 
bound  with  the  lessee  for  the  payment  of  the  rent  ot  the  stall  or 
stand,  semi-annually,  in  advance. 

Sec.  6,  Ten  days  before  the  rent  of  any  stall  or  stand  shall  Account  against 

^ ^ lessee  to  be  de- 

become  due,  the  comptroller  shall  make  out  an  account  thereof, 
and  deliver  the  same  to  the  collector  of  the  ward  in  which  the 
market  is  situated,  taking  his  receipt  therefor,  which  shall  be 
delivered  to  the  auditor,  and  by  him  charged  to  the  collector. 

Sec.  7,  If  the  lessee  of  any  stall  or  stand,  on  demand  being  Lease  forfeited 

T r.  -I  1 f.  1 . 1 in  oil  failure  to  pay 

made,  rail  to  pay  the  rent  thereor  at  the  time  the  same  shall  rent, 
become  due  according  to  the  terms  of  the  lease,  such  lease  shall 
be  thereby  forfeited ; and  the  collector  shall  notify  the  comptroller 
and  market-master  of  such  demand  and  non-payment. 

Sec.  8.  Whenever  any  stall  or  stand  shall  become  vacant,  or  Lease  for  unex- 
the  lease  thereof  forfeited,  the  comptroller  may  lease, as  herein- 
after provided,  for  the  unexpired  term..  penalty  for  seii- 

Sec.  9.  If  any  lessee  of  any  stall  or  stand,  whose  lease  shall 
have  been  forfeited,  or  any  other  person  without  a lease  or  per- 
mission, as  hereafter  provided,  hold,  use,  or  occupy  any  stall 
or  stand,  he  shall  forfeit  and  pay  to  the  city  not  less  than  ten 
nor  more  than  fifty  dollars  for  each  day  that  he  shall  so  hold, 
use,  or  occupy  such  stall  or  stand. 

Sec.  10  [11].*  Every  person  who  shall  occupy  a stand  or  stall 
in  either  of  said  market-places  shall  f'aithfully  keep  and  observe  the 
market  hours  set  apart  for  sale  by  this  ordinance,  as  well  as  all  the 
rules  and  regulations  thereof ; and  any  person  violating  either  or 
any  of  the  provisions  of  this  ordinance  shall  be  subject,  where  no 
other  penalty  is  provided,  to  a fine  of  not  less  than  ten  nor  more 
than  fifty  dollars  for  each  and  every  violation,  to  be  sued  for  and 
recovered  as  in  other  cases  of  breach  of  city  ordinances. 

Sec.  11  [12].  In  every  lease  of  a stall  or  stand  there  shall  be  clause  of  for- 
inserted  a clause  of  forfeiture  if  the  lessee  permit  the  stand  to 
be  used  by  any  other  person,  and  nothing  herein  contained  shall 
authorize  any  lessee  to  transfer  his  lease. 

Sec.  12  [IB].  Tlie  comptroller  and  chairman  of  the  committee  price  of  stalls 
on  markets  shall  establish  and  grade  the  prices  upon  fish  stalls  and  to  gra^de.*^'’' 


Penalty  for  vio- 
lating rules. 


*S(M*tiou  10  of  th(3  origiiiul  oi-diiiaiice  is  repealed  ordinance  5G21, 
pas.sed  by  the  coniinon  council  July  19,  18()o. 

BO 


466 


MARKETS. 


Price  of  stand 
to  be  paid,  when. 


Lessees  to  lease 
but  one  stand. 


Penalty  for  bid- 
ding off  more 
than  one. 


Fish -stands  re- 
let  at  private 
sale. 


Fish-stalls  not 
to  be  sub-let. 


Supply  of  flsb  to 
be  kept. 


Sufficient  fish- 
stands  to  be  kept 
on  hand. 

Fish  stands  may 
be  let  for  single 
days. 


Price  of  stands 
for  single  days. 


stands,  and  coffee-stands,*  in  the  city  markets,  on  the  first  Mon- 
day of  June  of  each  year,  first  giving  ten  days’  public  notice,  by 
handbills  stuck  up  in  the  markets,  of  the  time  and  place  of  such 
grading  ; but  no  stands  mi  the  ea.it  side  of  the  Center  market 
shall  be  leased  as  fish-stands. 

Sec.  18  [14].  Every  person  bidding  off  any  such  stalls  or 
stands  shall  pay  to  the  comptroller,  upon  the  execution  of  the 
lease,  the  amount  for  which  said  stall  or  stand  was  leased. 

Sec.  14  [15].  No  person  or  company  of  persons  shall  be 
entitled  to  lease  more  than  one  stall  or  stand  in  each  of  said 
market-places,  and  any  person  wlio  shall,  by  himself  or  others, 
bid  off  more  than  one  of  said  stalls  or  stands,  shall  forfeit  all  of 
his  right  to  any  of  the  same,  and  all  moneys  paitl  by  him  on  such 
leasing  ; and  no  right  acquired  at  such  leasing  shall  be  transferred 
by  the  lessee  to  any  other  person  without  the  written  consent  of 
the  comptroller,  and  such  consent  shall  not  be  given  by  that 
officer  if  the  transfer  is  to  be  made  to  any  person  holding  a lease 
of  any  such  stalls  or  stands,  or  to  any  other  person  by  which  a 
monopoly  will  be  created. 

Sec.  15  [16] . Whenever  any  fisli  stall  or  stand,  or  coffee-stand, 
shall  become  vacant  or  forfeited,  the  comptroller  may  immediately 
take  possession  of  the  same,  and  re-let  it  at  private  sale. 

Sec.  16  [17].  In  all  leases  of  fish-stalls,  the  comptroller  shall 
put  [in]  the  proviso  that  no  person  bidding  oft’  a fish  stall  or  stand 
shall  lease  or  sub-let  said  stall  or  stand  to  another  ; and  that  if 
the  lessee  of  a fish-stand  shall  neglect  to  keep  a supply  of  fresh 
fish  on  hand  for  six  days  at  any  one  time,  except  when  the  ice 
prevents  the  catching  of  fish,  the  stall  so  leased  shall  be  forfeited 
to  the  city  and  leased  again. 

Sec.  17  [18].  The  market-master  shall  always  keep  a suffi- 
cient number  of  such  fish-stalks  or  stands  in  the  market-})laces. 

Sec.  18  [19].  If  any  stall  or  stand  be  not  leased  in  conformity 
to  the  provisions  herein  contained,  the  market-master  may  permit 
any  person  to  occupy  the  same  for  a single  day  or  for  a number 
of  days  ; for  which  privilege  such  person  shall  })ay  to  the  market- 
master,  for  a stall,  seventy-five  cents,  and  for  a stand,  fifteen  cents, 

*'riic  words  “and  rofreo-stands  ” arci  added  to  seefions  Et  aiivl  1(?  of 
tlie  original  ordinance  by  ordinance  No.  r)r)t)8,  api)roved  dime  f),  bS'if). 


MARKETS. 


467 


For  oacli  day  lie  may  so  occupy  it  ; wliicli  sums  sliall  be  paid  into 
tlie  city  treasury  monthly. 

Sec.  19.*  The  comptroller,  and  chairman  of  committee  on  cofrep-staiuis, 
markets,  sliall  locate  and  regulate  the  number  of  coflee-staiids  in 
each  of  the  city  markets. 

Sec.  20.  'Whenever  any  market-master  shall  collect  from  any  Market  - master 
person  any  sum  of  money  as  rent  for  the  occupancy  of  any  stall  tor^moneys^^^^* 
or  stand,  as  provided  in  the  preceding  sections,  he  shall  sign  and 
give  such  person  a printed  receipt  therefor,  countersigned  by  the 
city  register,  who  is  hereby  required  to  furnish  market-masters  Register  to  fm- 

. , 1 . , . , , f.  . I'ish  printed  re- 

with  such  printed  receipts  monthly,  or  ottener,  ir  necessary,  ceipts. 
charging  the  market-master  therewith  as  so  much  cash  received ; Receipts  to  be 

° ° accounted  for. 

said  receipt  shall  be  accounted  for  by  the  market-masters  at  each 
monthly  settlement  with  the  city  treasurer. 

Sec.  21.  Any  market-master  receiving  any  money  in  pur-  Penalty  for  re- 

r.  . T . 1 e e • • i to  give 

suance  ot  said  section,  and  railing  or  reriising  to  give  such  receipt 
receipt  therefor  as  is  provided  and  intended  by  the  preceding 
section,  or  shall  charge  or  receive  more  than  is  allowed  by  said 
section  nineteen,  shall,  on  conviction  thereof  before  the  recorder, 
be  deemed  guilty  of  a misdemeanor,  and  shall  be  fined  not  less 
than  fifty  dollars  for  the  first  offense,  and  for  the  second  offense 
shall  be  removed  from  office. 

Sec.  22.  That  in  making  leases  for  the  stalls  and  market-  [.eases  to  coii- 
houses  there  shall  be  inserted  a clause  allowing  the  city,  in  case  annulling  lease, 
it  shovdd  be  desired  to  remove  or  destroy  any  market,  the  privi- 
lege of  annulling  the  lease  or  leases  upon  thi'ee  months’  notice 
of  the  fact. 

Sec.  2B.  The  lessees  of  the  butchers’  stalls  shall  each  cause  Butchers’  staiis 
his  stall  to  be  painted  twice  a year — say,  in  the  month  of  April  when! 
and  in  the  month  of  October  of  each  year. 

ARTICLE  IV. 


Market  -Masters. 

Section  1.  There  shall  be  appointed  a market-master  for  the  Market  -masters 
City  market,  one  for  the  Center  market,  and  one  for  the  ]^()rth 
market. 


* Siiotion  19  is  the  fifth  section  of  ordinance  No.  5598,  approved  June 
5,  18G5. 


468 


MARKETS. 


Duties  of  mar- 
ket-masters. 


To  supervise 
iiiaikets. 


To  assign  places. 


To  have  care  of 
market-house. 


To  examine  ar- 
ticles for  sale. 


To  examine 
weight  of  arti- 
cles. 


To  keep  order  in 
market. 


To  attend  in 
market. 


To  pay  moneys 
into  treasury. 


Power  of  mar- 
ket-masters. 


Articles  seized 
to  be  sold. 


Market-masters 
to  superintend 
cleaning  of  mar- 
kets. 


Market-places  to 
be  cleaned. 


Sec.  2.  It  shall  be  the  duty  of  each  market-master,  in  the 
market  for  which  he  is  appointed: 

First  — To  exercise  a general  supervision  over  the  market- 
house  and  market-place,  and  to  enforce  the  regulations  estab- 
lished for  the  government  thereof. 

Second  — To  assign  places  to  wagons  or  persons  attending 
the  market,  and  enforce  order  among  them. 

Third  — To  exercise  a general  care  and  custody  of  the  market- 
house,  and  all  appurtenances  thereof. 

Fourth  — To  examine  the  cpiality  of  all  articles  offered  for 
sale  in  the  market,  and  to  seize  all  blown,  unsound,  diseased, 
impure,  or  unwholesome  articles  exposed  for  sale. 

Fifth — To  examine  the  weights  of  all  articles  exposed  for 
sale,  and  seize  all  which  are  of  less  weight  than  that  represented 
by  the  seller. 

Sixth — To  enforce  order  in  the  market-place,  and  decide  all 
disputes  which  may  arise  between  buyer  and  seller  touching  the 
weight  or  measure  of  any  article. 

Seventh — To  attend,  either  in  person  or  by  deputy,  at  the 
market  every  day  during  market  hours. 

Eighth — To  pay  into  the  city  treasury,  on  the  last  Saturday 
of  each  month,  all  moneys  received  by  him  on  account  of  the  city. 

Sec.  3.  In  order  to  the  performance  of  his  duties,  each  market- 
master  is  invested  with  full  poAver  and  authority  in  all  matters 
connected  with  the  market  for  Avliich  he  is  appointed ; and  all 
persons  are  required  to  obey  his  rules,  regulations,  and  directions 
in  all  such  matters. 

Sec.  4.  Whenever  any  article  shall  be  seized  by  a market- 
master  under  the  authorit}/  given  as  aforesaid,  he  shall  expose 
the  same  to  sale  at  public  outcry  in  the  market-place,  and  pay 
the  proceeds  of  the  sale  into  the  city  treasury. 

Sec.  5.  The  market-masters  shall  superintend  the  cleaning  of 
the  market  and  market-grounds  for  Avhich  they  are  respectively 
appointed,  and  cause  the  streets,  footAvays,  and  market-grounds 
to  be  sprinkled  Avith  Avater  A\dienever  it  shall  l)e  necessary  to 
prevent  and  lay  the  dust,  and  for  that  pur})ose  may  use  Avater 
from  the  AvaterAvorks,  and  use  the  hose  provided  by  the  city. 

Sec.  6.  The  market-masters  shall  cause  the  market-houses 
and  market-i)laces  to  Avhich  they  shall  be  res})ectively  a])})ointed 


MARI^TS. 


4G9 


to  be  tlioroiiglily  cleaned,  and  all  the  filth  to  be  removed  there- 
from by  the  scavengers  employed  for  that  purpose  by  the  city, 
and  keep  the  footways  and  steps  in  the  winter  season  clear  of  ice 
and  snow. 


Sec.  7.  Each  market-master  shall  keep  as  many  scales,  and  provisions  for 
other  implements  for  weighing,  duly  stamped  and  certified  by  the  cieshn  market, 
inspector  of  weights  and  measures,  as  may  be  necessary  to  do  all 
the  weighing  in  said  market ; and  shall,  whenever  requested, 
weigh  all  articles  belonging  to  marketers  and  others,  intended 
for  sale,  and  shall  be  allowed  to  charge  five  cents  for  each  sepa- 
rate or  single  article,  to  be  paid  by  the  person  or  party  requesting 
the  same  to  be  weighed.  No  person  shall  weigh  any  article  of 
marketing  within  the  market-grounds  and  charge  therefor,  except 
the  market-master  or  his  legal  deputy,  under  the  penalty  of  not 
less  than  twenty  nor  more  than  one  hundred  dollars  for  each 
offense. 


Sec.  8.  It  shall  be  the  duty  of  the  market-master  to  seize  all  Articles  short 
articles  offered  for  sale  in  market  which  do  not  weigh  as  much  forfeited  to  city, 
as  represented  by  the  owner,  vender,  or  person  offering  the  same 
for  sale.  All  articles  so  seized  by  the  market-masters  shall  be 
carefully  weighed  by  them  ; and,  if  found  to  be  of  less  weight 
than  represented,  the  articles  shall  be  forfeited  to  the  city  for  the 
use  of  the  hospital,  and  the  market-master  shall  deliver  the  same 
to  the  steward  of  the  city  hospital. 

Sec.  9.  Each  market-master  is  hereliy  authorized  to  order  and  Disorderly  per- 
remove  from  the  market-house,  market  grounds  and  places,  in  a movVd''frpn/^ 

* 1 • I-  • 1 market. 

summary  manner,  any  person  who  is  guilty  or  any  violent,  turbu- 
lent, or  disorderly  conduct ; or  who  shall,  in  any  way,  interfere 
with  or  disturb  the  marketers  or  buyers  ; or  who  shall  violate  or 
refuse  to  obey  any  ordinances,  rules,  or  regulations  for  the  gov- 
ernment, conduct,  and  management  of  the  market-houses,  market 
places  or  grounds. 

Sec.  10.  The  market-masters  of  the  Center,  North,  and  City  Lamps  to  be 
markets  are  required  to  keep  at  least  two  lamps  burning  in  each  market™”” 
of  said  markets  during  the  whole  of  each  night  during  the  year. 


470 


MARKETS. 


Market  hours. 


(Jlose  of  mar- 
ket, how  an- 
nounced. 


Stalls  andstands 
to  be  cleaned  at 
close  of  mar- 
ket. 


Markets  to  be 
supplied  with 
hydrant. 


Fresh  meat  to 
be  sold  by  les- 
sees only. 


Farmers  may 
sell  meat  by  the 
'(uarter. 


ARTICLE  V. 

Rides  and  Regulations. 

Section  1.  The  markets  aforesaid  shall  be  open  for  the  sale 
of  all  victuals  and  provisions  from  the  dawn  of  day  until  nine 
o’clock  A.  M.,  and  from  four  o’clock  p.  M.  until  dark,  from  the 
first  day  of  April  until  the  first  day  of  October ; and  from  the 
dawn  of  day  until  eleven  o’clock  A.  M. , and  from  two  o’clock  p. 
M.  until  dark,  during  the  remainder  of  the  year;  and  on  Saturday 
of  each  week,  throughout  the  year,  the  same  shall  be  open  until 
ten  o’clock  p.  m. 

Sec.  2.  Each  market-master  shall  be  provided  with  a bell, 
and  shall  announce  by  the  ringing  thereof  the  closing  of  the 
market  hours  in  the  forenoon  at  least  ten  minutes  before  the  time 
of  closing. 

Sec.  8.  Every  lessee  or  occupier  of  a stall  or  stand,  in  either 
market,  shall,  Avithin  thirty  minutes  after  the  ringing  of  the  bell, 
as  aforesaid,  cause  his  vegetables,  provisions,  and  vehicle,  if 
he  has  one,  or  other  thing,  to  be  removed  from  the  market-place, 
and  his  stall  or  stand  to  be  thoroughly  cleansed,  and  all  animal 
and  vegetable  offal  and  rubbish  to  be  removed  from  the  market- 
place ; and  each  butcher  shall  cause  his  tables,  meat-blocks,  and 
other  fixtures  to  be  thoroughly  scraped  and  cleaned:  Fi'ovided^ 
the  market-master  may  give  permission  to  persons  living  more 
than  five  miles  from  the  city  to  keep  their  teams  in  the  market- 
place after  market  hours. 

Sec.  4.  Each  market  shall  be  supplied  Avitli  a hydrant  for  the 
use  of  the  persons  attending  the  market ; and  no  provisions  or 
other  things  shall  be  sold  in  the  market  except  during  market 
hours,  without  the  permission  of  the  market-master. 

Sec.  5.  No  person,  not  being  the  lessee  of  a butcher’s  stall, 
shall  sell  or  offer  for  sale  in  market,  or  in  any  other  ])lace,  any 
fresh  meat  in  less  (piantities  than  one  (puirter  ; and  no  j)erson, 
being  the  lessee  of  a butcher’s  stall,  shall  sell  the  same  in  less 
quantities  than  one  (piarter,  exce})t  at  the  stall  of  which  he  is 
lessee. 

Sec.  G.  Nothing  in  the  })receding  section  shall  be  construed 
to  prevent  any  fai'iner  or  producer  from  selling  his  meat  by  the 


MARKETS. 


471 


(quarter;  or  any  person  avIio  1‘oIIoavs  the  business  of  paehing  beef  Bacj)i^etc., may 
or  pork,  from  selling  baeon,  slioulders,  bam,  and  sides  of  tbeir 
OAvn  earing,  or  spare-ribs  and  sausage  meat,  in  the  winter 
montbs  ; or  any  person  from  selling  Avild  game  not  otherwise 
prohibited. 

Skc.  7.  No  person  but  a lessee  of  a butcher’s  stall  shall  cut  Salt  meat  to  be 
up  and  sell  salted  meat  by  the  small  quantity  in  market,  and  oniy.^^  lessees 
then  only  at  bis  own  stall.  The  provisions  of  this  section  shall 
not  apply  to  bacon  venders. 


Sec.  8.  No  person  shall  sell,  or  expose  for  sale,  in  mai  'ket,  No  sick  animals 

^ ^ to  be  sold  in 

or  any  other  place,  any  sick  or  diseased  live  animal,  usually  market, 
eaten  for  food  (or  for  the  purpose  and  with  the  design  that  the 
same  shall  be  used  for  food),  knowing,  or  having  reason  to 
believe,  the  same  to  be  sick  or  diseased. 

Sec.  9.  No  person  shall  sell,  expose,  or  offer  for  sale  in  certain 

market,  or  any  other  place,  the  flesh  of  any  dead  animal  which 
was  sick,  overheated,  or  run  doAvn  by  dogs,  or  otherwise,  at 
or  before  the  time  the  same  Avas  butchered  or  slain,  or  Avhich 
died  a natural  death,  or  Avas  killed  by  accident,  casualty,  or 
other  means  than  the  usual  manner  of  slaying  animals  for  food ; 
nor  shall  any  person  sell,  expose,  or  ofler  for  sale,  in  this  city, 
any  putrid,  bloAvn,  plated,  raised,  stuffed,  or  unsound  meat,  fish, 
eggs,  ])oultry,  or  other  article  of  food;  nor  shall  any  person  in 
this  city  sell,  expose,  or  offer  for  sale,  the  flesh  of  any  bull, 
boar,  ram,  dog,  cat,  or  other  animal  not  comnioidy  deemed 
wholesome  for  food.  The  market-master  shall  seize  any  article 
in  this  section  mentioned  Avhich  he  may  find  in  the  market,  and 
cause  the  same  to  be  destroyed;  and  if  the  ])erson  oftering  the  r^ase  of  buich- 
same  be  a lessee  of  a butcher’s  stall,  his  lease  shall  be  forfeited, 
and  he  shall  never  after  be  permitted  to  lease  or  occupy  a stall 
in  market. 


Sec.  10.  No  person  attending  market  for  the  imrpose  of  venders  not  to 

^ ^ ^ purchase  in 

selling  shall  purchase  any  article  sold  in  the  market  as  agent  market, 
for  tavern-keepers  or  other  persons. 

Sec.  11.  No  person  shall  ride,  lead,  drive,  or  place  any  horse  Bringing  ani- 
or  other  animal  into  or  upon  any  market,  market-house,  or  foot-  m‘arkerpfobib- 
way  pertaining  thereto ; or  kill  or  slaughter  any  animal  in 
market  ; or  thi*OAV  or  deposit  any  animal  or  vegetable  offal,  filth, 


472 


MARKETS. 


Vehicles,  how 
disposed  of  at 
markets. 


Vehicles,  when 
to  be  removed 
from  market. 


Selling  on  Sun- 
day prohibited. 


Intoxicating 
drinks  prohibit- 
ed in  market. 


Eating-tables 

prohibited. 


Coffee-stands  al- 
lowed. 


Penalty. 


Fires  in  market 
prohibited  ; ex- 
cept of  char- 
coal. 


Idling  in  market 
prohibited. 


Intoxicated  per- 
sons not  to  visit 
markets. 


meat,  dead  animal  or  fowl,  fish,  or  any  nauseous  substance,  in 
any  market  house  or  place. 

Sec.  12.  All  vehicles,  in  which  articles  are  brought  to  market 
for  sale,  shall  be  placed  in  such  position  as  the  market-master 
may  direct. 

Sec.  13.  Whenever  any  person,  not  the  lessee  of  a stall  or 
stand,  shall  have  sold  or  disposed  of  the  commodities  brought 
by  him  to  market  for  sale,  he  shall  forthwith  remove  his  vehicle 
from  the  market-place. 

Sec.  14.  No  person  shall  sell,  expose,  or  offer  for  sale  any 
article  in  a market-place  on  Sunday. 

Sec.  15.  No  person  shall,  in  market,  sell  or  give  away  any 
wines,  or  spirituous  or  fermented  liquor;  or  set  up  or  keep  any 
table  or  board  for  the  purpose  of  eating  or  drinking  at  or  about 
the  same ; or  shall  sell  any  meat,  fish,  vegetables,  or  bread,  to  be 
there  used  or  eaten.  *The  provisions  of  this  section,  however, 
shall  not  be  so  construed  as  to  apply  to  stands  leased  under 
authority  of  this  ordinance  for  the  sale  of  coffee,  and  refreshments 
other  than  wines,  spirituous  or  fermented  liquors. 

Sec.  16.  If  the  lessee  of  any  coffee-stand  violate  the  provisions 
of  the  foregoing  section,  which  shall  be  determined  by  the 
comptroller  and  the  chairman  of  the  committee  on  markets,  his 
lease  shall  be  declared  forfeited,  and  none  of  the  rent  paid  shall 
be  refunded  for  the  unexpircd  term  of  said  lease.* 

Sec.  17  [16].  No  person  shall,  during  market  hours,  kindle 
or  burn,  in  or  about  any  market,  any  fuel,  without  permissiini 
from  the  market-master,  or  at  any  other  place  than  that  desig- 
nated by  him,  except  that  charcoal  may  be  burned  in  movable 
earthen  or  metallic  vessels,  so  constructed  and  placed  as  effect- 
ually to  prevent  danger  from  fire  therein  to  any  woodwork  in  the 
vicinity,  or  inconvenience  to  persons  passing. 

Sec.  18  [17].  No  persons,  not  having  lawful  business  in 
-market,  shall  idly  sit,  lounge,  stand,  walk,  or  lie  in  or  about  tlie 
market-place. 

Sec.  19  [18].  No  person  in  a state  of  intoxication  shall  go 
upon  a market-})lace  during  market  hours. 

*Sf)  inueli  of  section  15  as  is  inclosed  in  brackets,  and  llie  whole  of 
section  10,  are  added  to  tlie  oi-i^inal  ordinance  by  ordinance  No.  551)8, 
approved  June  5,  1805. 


MARKETS. 


473 

Sec.  20  [101.  No  i)ers()ii  sliall  or  suffer  to  come  with  ooks  prohibited 

L J 1 . ” iniiiaikei. 

him,  into  or  upon  a market-})lace,  luring  market  hom-s,  any  dog, 
or  any  unruly  or  dangerous  animal. 

Sec.  21  [20].  No  person  shall  sell,  expose,  or  offer  for  sale,  inaTg”  riMbfted 
in  market,  any  horse,  cow,  ox,  mule,  jack,  or  hog,  or  other  full- 
grown  live  animal,  unless  confined  in  a wagon,  except  at  such 
place  as  the  market-master  may  direct. 

Sec.  22  [21].  Butter,  lard,  and  honey,  sold  in  market,  shall  saie  of  butter, 
be  sold  by  weight  avoirdupois  ; where  the  first- named  article,  is 
put  up  in  rolls  or  balls,  each  roll  or  ball  shall  contain  not  less 
than  one  pound. 

Sec.  23  [22].  No  person  shall  sell,  expose,  oi"  offer  for  sale,  Sale  of  manu- 

/-  A ^ ^ IT  factures  prohib- 

in  any  market-place,  any  goods,  wares,  or  merchandise,  manu-  ited. 
factured  within  the  city. 

Sec.  24  [23].  Whenever  any  article  shall  be  exhibited  in  what  deemed 
market,  as  though  the  same  were  intended  for  sale,  whether  sold  sale, 
or  not,  or  directly  offered  for  sale  or  not,  such  exliibition  shall  be 
held  to  be  an  exposure  of  the  same  for  sale,  and  an  offer  to  sell, 
within  the  meaning  of  this  ordinance. 

Sec.  25  [24].  If  the  lessee  of  any  stand  or  stall  fail,  for  what  deemed 
six  consecutive  days,  to  expose  for  sale,  at  his  stand  or  stall, 
articles  usually  sold  thereat,  unless  such  failure  be  caused  by 
sickness,  or  other  unavoidable  circumstance,  his  lease  shall  be 
forfeited,  and  his  stall  or  stand  may  be  leased  to  another,  as  in 
other  cases  of  forfeiture. 

Sec.  20  [2.5].  Whoever  shall  violate  any  of  the  ])rovisions  of  forfeited 

^ when. 

this  article,  or  shall  fail  to  obey  any  legal  order  of  the  market- 
master  in  relation  to  any  matter  placed  under  his  official  charge, 
shall  forfeit  and  pay  not  less  than  three  nor  more  than  one 
hundred  dollars. 

Sec.  27  [20].  If  any  lessee  of  any  stall  or  stand  be  twice  Lease  forfeited 

• , T . , , . , . . 1 . , on  second  con- 

convicted  or  violating  any  ordinance  in  relation  to  markets,  viction. 
his  lease  shall,  on  the  second  conviction,  be  adjudged  to  be 
forfeited. 

Sec.  28  [27].  The  provisions  of  this  article  are  declared  to  tius  article  to 

1 , 11  1 j • ,1  • 1 1 apply  to  all  mar- 

apply  to  all  markets  in  this  city,  except  where  the  same  are  kets. 
confined  in  terms  or  by  the  context  to  a particular  market;  and 
the  market  - master  of  })rivate  markets  is  invested  with  the  Power  of  pri- 
same  power,  and  reiiuired  to  perform  the  same  duties,  as  the  masters. 


474 


MARKETS. 


rrovisions  con- 
riiug  liens  for 
certain  pur- 
poses. 


Stands  in  Center 
market  regula- 
ted. 


Stands  in  North 
and  City  mar- 
kets regulated. 


niarket-iiiasters  of  tlie  Center,  City,  and  North  markets  are 
invested  with  and  re(i[uired  to  perforin. 

Sec.  29  [28].  The  committee  on  markets  of  the  board  of 
common  council,  in  conjunction  with  the  comptroller,  are  hereby 
authorized  to  rent  or  lease  stands  in  any  of  the  public  markets, 
for  a term  not  exceeding  twelve  months,  for  the  sale  of  dressed 
poultry,  wild  game,  butter,  eggs,  and  such  other  articles  as  may 
be  prescribed  by  the  said  committee  and  comptroller,  and  upon 
such  terms  and  conditions  as  may  be  fixed  and  determined  by 
them : Provided^  however^  that  no  stand  to  sell  meat  by  the 
cpiarter  shall  be  rented  for  a longer  time  than  three  months, 
commencing  from  the  first  day  of  November  in  each  year. 

A K T I C L E VI.* 

Pegulatin^  Huckstering  in  City  Markets. 

Section  1.  So  much  of  the  west  side  of  Seventh  street  east 
of  the  curbstone,  of  the  south  side  of  Spruce  street  north  of  the 
curbstone,  and  of  the  north  side  of  Poplar  street  south  of  the 
curbstone,  as  is  opposite  the  Center  market-house,  and  the  space 
immediately  west  of  the  sidewalks  adjoining  the  said  market- 
house  on  the  west  side,  paved  with  stone  on  edge,  is  hereby  set 
apart  and  appropriated  for  the  use  of  farmers’  wagons  liringing 
produce  for  sale  at  said  market,  except  spaces  of  twelve  feet 
each,  four  on  Seventh  street  and  foin-  on  the  west  of  said  market, 
which  shall  be  reserved  for  the  use  of  butchers’  and  other  wagons, 
for  the  purpose  of  loading  and  unloading  their  meat  and  vege- 
table products  brought  to  market.  The  space  adjoining  the  said 
market-house,  except  that  heretofore  reserved  for  fish-stands,  and 
the  center  of  the  sidcuvalk  east  of  the  market-house,  is  hereby  set 
apart  for  vegetable  and  huckster  stands. 

Sec.  2.  All  that  portion  of  Broadway,  on  either  side  thereof, 
next  to  the  sidewalks,  Avhich  is  betAveen  Morgan  and  Biddle 
streets,  and  so  much  of  the  east  side  of  Eourth  street  as  lies 
between  Morgan  street  and  Franklin  avenue,  along  the  cuiPstone, 

*ArticTe  six  of  tlio  original  ordinaiico  lu-oliihitino’  lnic.kst('riii<i:  Is  ropcaical 
])y  ordiiiiiiice  No.  .5021,  passcal  l)y  the  common  council,  tin'  mayorhs 
objections  notwithstanding,  July  It),  1805.  and  the  above  ordained  in 
lieu  thereof. 


MAKKETS. 


47;“) 


the  Avcst  outer  side  of  tlie  Nortli  market,  is  herehy  set  apart  for 
farmers’  and  other  wagons  l)riiiging  produce  to  market  for  sale  ; 
Pi'ovided ^ that  a s})ace  of  ten  feet  sliall  lie  kept  vacant  0])posite 
each  store  or  building,  alternating  in  such  manner  that  there  shall 
be  a continuous  space  of  twenty  feet  vacant  opposite  each  two  of 
such  stores  or  l)uildings  for  the  use  of  vehicles  conveying  goods, 
wares,  or  merchandise  to  or  from  the  same;  and  it  shall  be  the 
duty  of  the  market-master  of  the  North  and  City  markets  to 
strictly  enforce  the  above  provisions,  and,  when  necessary,  to 
summon  a sufficient  number  of  the  police  to  accomplish  that 
object. 

Sec.  3.  All  persons  who  cultivate  the  soil  for  a livelihood, 
and  such  only,  shall  be  deemed  to  be  farmers  within  the  meaning 
of  this  ordinance  ; and  no  fee  or  payment  whatever  shall  be 
demanded  or  collected  from  any  farmer  for  the  privilege  of 
occupying  a stand  in  any  market  belonging  to  the  city. 

Sec.  4.  No  grocer,  huckster,  or  other  person  shall  sell  or  offer 
for  sale,  in  any  market  or  market-place,  any  produce  or  other 
article  purchased  within  the  city  limits  during  market  hours  ; 
and  no  person  shall,  during  market  hours,  purchase  in  any 
market  or  market-place,  or  from  aii}^  farmer,  gardenei’,  or  pro- 
ducer within  the  city  limits,  any  game,  poultry,  vegetables, 
fruit,  or  other  produce,  except  so  much  as  may  be  for  Ids  own 
use,  or,  if  a lioiisekeeper,  for  the  use  of  his  family ; and  any 
person  convicted  of  a violation  of  this  section  shall  be  fined,  for 
the  first  oflense  not  less  than  ten  dollars  ; for  the  second  ofiense 
not  less  than  one  hundred  dollars  ; and,  after  being  convicted  a 
second  time,  shall  not  occupy  a stand  in  any  of  the  public 
markets,  either  as  principal  or  agent. 

articlp:  vri. 

Regulations  Conc(  rni?if^  Sale  of  (R/nie. 

Section  1.  No  jierson  shall  sell,  or  ex})ose  for  sale,  in  any 
market,  street,  lane,  alley,  booth,  cellar,  store,  or  in  any  other 
place  in  the  city  of  St.  Louis,  any  pheasant,  (piail,  or  partridge, 
between  the  tenth  day  of  January  and  the  first  day  of  October; 
any  woodcock,  between  the  first  (hiy  of  February  and  the  fourth 
of  July;  any  prairie  chicken,  grouse,  or  heath  hen,  or  wild 


Farmers,  who 
deemed  to  be. 


Penalty  tor  pur- 
chasing during 
market  hours, 
articles  to  be 
sold. 


Sale  of  game 
prohibited  at 
certain  seasons. 


47G 


MARKETS. 


Possession  of 
prohibited  game 
deemed  viola- 
tion of  previous 
section. 


Duties  of  mar- 
ket-masters con- 
cerning sale  of 
wild  game. 


Penalties. 


now  license  for 
meat-shop  may 
be  obtained. 


turkey,  between  tlie  first  of  February  and  the  first  day  of 
August;  any  wild  buck,  doe,  or  fawn,  or  fresh  venison,  between 
the  first  day  of  Feln-uary  and  the  fourth  day  of  August. 

Sec.  2.  Whoever  shall  have  in  his  possession,  or  under  his 
control,  within  the  city  of  St.  Louis,  any  of  the  fowl  or  game 
mentioned  in  the  foregoing  section,  within  the  time  prohibited 
therein,  shall  be  deemed  to  have  violated  the  provisions  of  the 
preceding  section. 

Sec.  3.  It  is  hereby  made  the  special  duty  of  all  market- 
masters  and  the  marshal  to  arrest  all  persons  in  the  city  of  St. 
Louis  found  in  the  act  of  violating  any  of  the  provisions  of  this 
ordinance,  and  bring  them  before  the  recorder ; and,  upon  in- 
formation being  filed  by  any  other  person  that  he  has  good  reason 
to  believe,  and  does  believe,  that  any  person  has  been  guilty  of 
violating  any  of  the  provisions  of  this  ordinance,  the  recorder 
shall  issue  his  warrant  to  the  city  marshal,  directing  him  to  bring 
before  him  the  aforesaid  offender,  who  shall  be  dealt  with  as  in 
other  cases  of  breach  of  city  ordinance. 

Sec.  4.  Whoever  shall  offend  against  any  of  the  provisions  of 
this  ordinance  by  selling  or  offering  to  sell,  or  by  exposing  for 
sale,  or  having  in  his  custody,  any  of  the  birds  or  game  therein 
prohibited,  or  any  fresh  venison,  within  the  time  prohibited,  and 
within  the  city  of  St.  Louis,  shall,  for  each  of  the  birds  and  each 
head  of  game,  and  each  piece  of  fresh  venison,  so  sold  or  exposed 
for  sale,  or  in  his  possession,  on  conviction  thereof,  forfeit  and 
pay  a fine  of  not  more  than  ten  dollars,  to  be  recovered  as  other 
penalties  for  violation  of  city  ordinances,  one-half  of  which  is  to 
be  paid  to  the  informer  and  the  other  half  to  go  into  the  city 
treasury;  which  said  fine  and  costs  shall  be  paid  forthwith;  and, 
upon  a failure  to  pay  the  same,  the  marshal  shall  commit  the 
offender  to  the  city  Avorkhouse,  as  in  similar  cases. 

ARTICLE  VII  [. 

Meat-  Shops. 

Section  1.  The  keeping  of  meat-shops  in  the  extended  neiv 
limits  of  the  city  of  St.  Louis  is  hereby  authorized  and  alloAved, 
as  folloAvs,  viz  : The  mayor,  comptroller,  and  president  oT  the 
board  of  common  council  arc  hereby  ci-eated  a board  of  permit, 


MARKETS. 


477 


to  Avlioni  application  shall  bo  niado  for  a license  to  establish  a 
inoat-shop  by  each  applicant  in  the  extended  new  limits  ; said 
board  of  permit  being  authorized  by  a majority  vote  to  grant  or 
refuse  such  application.  When  sncli  application  is  granted,  the 
register  shall  issue  a license  for  one  year  to  the  party  applying, 
who  shall  pay  therefor  the  sum  of  sevent3^-five  dollars  to  the 
register.  The  register  shall  pa}"  over  the  same  to  the  treasurer 
on  the  Saturday  of  each  week,  who  shall  give  such  receipts 
for  the  same  as  are  now  provided  by  ordinance.  The  person 
thus  licensed  shall  have  power  thereunder  to  sell  in  his  shop 
or  stand  all  kinds  of  fresh  meats,  fish,  vegetables,  and  game  of 
every  description,  and  all  made  meats,  such  as  sausages,  and 
so  forth : Provided^  hoivever^  that  no  such  meat-shop  or  stand 
shall  be  located  within  four  blocks  either  wa}"  of  any  market- 
house  established  by  city  ordinance. 

Sp]C.  2.  No  person,  unless  duly  licensed  as  aforesaid,  shall  Penalty  for  seii- 

n . T T 1-10  1 • • meat,  etc., 

sell  in  any  shop,  stand,  wagon,  or  vehicle  or  any  description,  without  uaense. 

any  fresh  meats,  fish,  vegetables,  game  of  anv"  sort,  or  made 

meats,  such  as  sausages,  and  so  forth,  in  the  extended  new 

limits  aforesaid,  under  a penalty  of  fifty  dollars  for  each  and 

eveiy  offense,  one-half  thereof  to  be  paid  to  the  prosecuting 

witness  upon  recovery  in  the  recorder’s  court,  and  collection 

thereof  by  the  marshal. 

Sec.  3.  Every  person  duly  licensed  as  aforesaid  shall  keep  his  RegnlatioiiM 
meat'Sliop  or  stand  duly  clean  and  free  from  all  foul  smells  and  keeping  or  moat 
nuisances  of  every  description  ; and,  in  failure  thereof,  shall  be 
punished  by  a fine  of  fifty  dollars  for  each  offense  before  the 
recorder,  one-half  thereof  to  be  paid  to  the  jirosecuting  witness, 
upon  recovery  in  the  recorder’s  court  and  the  collection  thereof 
by  the  marshal.  In  case  of  conviction  before  the  recorder,  the 
license  of  the  party  so  convicted  to  become  void  and  of  no  effect; 
and  any  person  selling  thereunder  afterwards,  to  be  punished  as 
in  the  second  section  hereof  is  provided.  All  meat-shops  shall 
be  under  the  control  also  of  the  board  of  health,  who  shall  have 
power,  ly  a majority  vote  of  the  board,  to  declare  any  one  of  the 
same  a nuisance,  for  good  and  sufficient  cause  ; which  finding, 
when  recorded  in  their  proceedings  and  a copy  thereof  served 
u})on  the  person  licensed,  shall  operate  as  a canceling  of  his 
license  and  a prohibition  of  all  sales  thereunder.  No  license  shall 


478 


MARKETS. 


Butchers  haviiiK 
stalls  may  keep 
meat-shops. 


Kv^epors  of  meat 
shops  to  keep 
supply  of  meat, 
etc. 


K ilii-ilried 
j:raiti,  etc.,  may 
be  sold  ill  city 
markets. 


be  transferred  Avitlioiit  endorsenieiit  tliereon  by  the  register  of 
such  transfer,  for  which  and  the  issuing  of  the  original  license 
he  shall  be  paid  a fee  of  fifty  cents  each.  Every  person,  whether 
principal  or  agent,  who  sells  in  a meat-shop,  or  transacts  the 
business  thereof,  shall  be  deemed  a principal,  as  far  as  the  penal- 
ties of  this  ordinance  and  his  liabilities  thereto  are  concerned. 

Sec.  4.  Every  butcher  the  lessee  of  a stall  in  any  of  the 
markets  belonging  to  the  city,  the  rents  whereof  are  paid  into 
the  city  treasury,  shall  be  entitled  to  keep  a meat-shop  or  stand 
in  the  extended  new  limits  for  one  year,  gratis,  from  the  date 
of  the  grant  of  the  premises  aforesaid : Frovided ^ the  rent  of 
such  stall  has  been  fully  paid  up  ; and  provided  further^  that 
the  board  of  permit  aforesaid  authorizes  the  issue  of  a license 
therefor. 

Sec.  5.  Any  person  taking  out  a license  under  the  provisions 
of  this  article  is  recpiired,  under  penalty  of  forfeiture  of  the 
privileges  herein  granted,  and  also  subject  to  a fine  of  not  less 
than  fifty  dollars,  to  be  recovered  by  conviction  before  the 
recorder,  to  keep  exposed  for  sale  at  their  shops  or  stands  a 
suitable  supply  of  fresh  meats  every  day  in  the  year,  Sundays 
and  public  holidays  excepted. 

Approved,  September  6, 1804. 


( No.  5476.  ) 

AN  ORDINANCE  AUTHORIZING  THE  SALE  OF  KILN-DRIED  GRAIN  AND 
KILN-DRIED  MILL-STUFF  IN  THE  CITY  MARKETS. 


(Jorn-menl^  kiln-dried,  may  lie 

sold  in  markets \ 1 

Grain,  kiln-dried,  may  lie  sold 

in  markets 1 

Kiln-dried  grain,  eic.,  may  be 
sold  in  markets 1 


Markets,  kiln-dried  ^rain,  etc. 


Mill-stuff,  kiln-dried,  may  be 

sold  in  markets 1 

Millers,  maj’^  sell  kiln -dried  mill- 
stuft  in  markets 1 


Be  it  ordained  hij  the  Common  Couneil  of  the  City  of  St, 
Lo  uis . 

Nothing  contained  in  the  ordinance  concerning  markets  shall 
be  construed  as  p]-ohibiting  millers,  the  owners  of  mills,  or  any 
other  person,  from  selling  kiln-drie<l  grain,  kiln-dried  corn-meal, 
and  mill-stuff  generally,  in  any  markets  in  the  city. 

Approved,  December  11),  1804. 


MAYOR. 


4T(> 


(No.  0440.) 


M A Y 0 H . 

AN  OEDINANCE  IN  KELATION  TO  THE  MAYOE. 


Auditor,  to  Oniw  w;ii-i-JUit  for 

secret  service  money,  when  ^10 
Breach  of  peace,,  mayor'  to  <iiiell  7 
may  call  on  police,  militai'y, 

etc.,  to  (piell 7 

Citizens,  mayor  may  call  to  his 

assistance,  when 7 

City  officers^  mayor  to  supervise 

and  control 5 

mayor  may  examine  books, 

etc.,  of o 

mayor  may  call  on  for  in- 
formation  5 

ma,yor  to  report,  for  neglect 

of  duty G 

Comtnon  council , to  convene  for 

installation  of  mayoi- 1 

to  ascertain  who  was  elected 

mayor  2 

to  notify  party  elected  for  in- 
stallation   2 

mayor  to  report  oltict*rs  to, 

when G 

may  prefei-  char^'es  against 

mayor 12 

to  investigate  charges  against 

mayor 12 

j)residt*nt  of,  when  to  act  as 

mayor 12,  111 

pi'csident  of,  to  ordei’  (declion 

for  mayor 12,  111 

Continyent  fund,  secix't  sei'vice 

mon(‘y  to  he  charged  to 10 

Council  Committee,  to  approve 

certain  expen(litur(!S 8 

Counselor  (city),  mayor  tochdiver 

noti(;es  and  ju-oN'Ss  to 11 

Election  of  mayor,  when  and 

how  held 14 

to  he  or(h;red  by  ))resident  of 

council 12,  111 

Installation  of  mayor,  j)i-ovisions 

com-erning 1,  2,  II 

Mayor,  ])owers  and  duties  of...l — 15 
proceedings  for  installation  of 

1.  2,  II 

oath  of  otllce,  when  to  he  ad- 

ministen'd 3 

charg<‘s  against,  how  hrotight 

and  inv(*stigated 12 

proce(Mlings  on  removing  from 

ollic(‘.... 12 

Mayor's  secretary,  mayor  may 

appoint 1.  15 

term  of  otlice  of 15 


Military,  mayor  may  call  to  his 

assistance,  when ^ 7 

Notices  serv(Ml  on  mayoi* , to  he 

delivered  to  counselor 11 

Oath  of  office,  when  mayor  to 

ta  ke 3 

Offenders,  mayor  may  issue  war- 
rant tor  arrest  of. 4 

mayor  may  take  secret  meas- 
ures toapiirehend 8 

Paupers,  mayor  and  council  com- 
mittee may  remove t) 

expense  of  removing,  how 

paid 10 

President  of  common  council,  to 

act  as  mayor,  when 12,  13 

to  ord(‘r  election  of  mayor, 

when .*...12,  111 

Police,  mayor  may  call  to  his 

assistance,  when 7 

Process  served  on  mayor,  to  be 

delivered  to  counselor 11 

Proclamation , mayor  to  issue,  to 

convime  (*ouncil,  wlum 1,  4 

])resid(‘nt  of  council  to  issue  for 
ek'ction  ot  mayor,  when  12,  111 
Recorder,  to  try  ollenders  arri'st- 

ed  by  warrant  of  mayor 4 

Reyister  (city),  decision  of  coun- 
cil against  mavor  to  he  tiled 

with *. 12 

Riot , mayor  to  ipiell 7 

Rout,  mayor  to  (piell 7 

Secretitry  of  mAiyor,  how  appoint- 
ed, etc 15 

Secret  measures,  mayor  may  take 

to  appi*(“h(*nd  oilenders 8 

expenses  of,  council  commit- 

U“e  to  aj)prov(* 8 

Secret  service,  exjxmditures  for, 

how  paid 10 

not  to  (‘xceed  what  sum 10 

Special  election  for  major,  when 

to  h<‘  orderi'd .". 12,  13 

when  and  how  held 14 

Unlawful  assem.hlaye,  mayor  to 

((uell 7 

Vacancy  in  otlice  of  mavor,  how 

tilled : 13,  14 

Violation  of  otlicial  obligation, 

mayor  to  h(‘  tricxl  for,  how  12 
W arrant,  mayor  may  issue 

against  ollenders,  wlien 4 

issued  by  mayoi*,  how  return- 
ahle 


4 


480 


MAYOR. 


Proclamations 
concerning 
council,  when 
to  be  issued. 


Council  to  as- 
certain election 

of  mayor.  ceetl  to  ascGrtaiii 


Be  it  ordained  by  the  Common  Council  of  the  City  of  St. 
Louis . 

Section  1.  The  mayor  shall,  immediately  after  any  election 
for  mayor,  issue  his  proclamation  convening  the  common  council 
on  the  Saturday  succeeding  such  an  election,  for  the  purpose  of 
making  provision  for  the  installation  of  the  mayor  elect. 

Sec.  2.  The  common  council,  vdien  so  convened,  shall  pro- 
from  the  poll-books  of  the  several  wards  and 
the  certificates  of  the  judges,  who  has  been  elected  mayor;  and 
To  give  notice  of  shall  give  iiotice  to  the  person  elected  that,  on  Tuesday  following 
said  Saturday,  or  on  some  other  day  to  be  designated  by  the 
council,  at  twelve  o’clock,  noon,  in  the  hall  of  the  board  of 
common  council,  in  the  presence  of  the  council,  he  will  be  in- 
stalled mayor  of  the  city. 

Sec.  3.  Upon  the  day  designated,  the  board  of  common  coun- 
cil shall  meet  for  the  purpose  aforesaid,  when  the  oath  of  office 
shall  be  administered  to  the  mayor  elect. 

Sec.  4.  The  mayor,  when  he  has  good  cause  to  believe  that 
an  offense  has  been  or  is  about  to  be  committed  against  law  or 
ordinance,  may  summon  and  examine  witnesses  in  relation 
thereto,  and,  upon  proper  affidavit,  may  issue  a warrant  for  the 
apprehension  of  any  offender  against  law  or  ordinance,  which 
warrant  shall  be  returnable  before  the  recorder,  and  shall  be  tried 
as  warrants  issued  ])y  that  officer. 

Sec.  5.  The  mayor  shall  have  a general  supervision  and  control 
over  all  city  officers,  and  may,  whenever  he  shall  see  fit,  examine 
into  the  condition  of  their  respective  offices,  the  books,  papers, 
and  records  therein,  the  manner  of  conducting  their  official 
business,  and  may  call  upon  any  officer,  clerk,  or  deputy,  for 
information  in  relation  to  any  matter  pertaining  to  his  office. 

Sec.  6.  The  mayor  shall  report  to  the  common  council  all 
violations  or  neglect  of  duty,  on  the  part  of  any  city  officer,  which 
may  come  to  his  knowledge. 

Sec.  7.  The  mayor  shall  have  power  to  call  to  his  assistance 
etlTi  ^to  city  police,  the  military  of  tlie  city  and  citizens,  to  assist  him 

in  preventing  or  (pielling  any  riot,  rout,  unlawful  assendily,  or 
lireacli  of  the  peace;  and  all  persons  so  calleil  out  by  him  shall 
be  subject  to  his  orders  while  on  the  duty  to  which  they  are 
called. 


Council  to  meet 
to  install  mayor. 


Mayor  may  issue 
warrant  to  ap- 
prelieud  offend- 
ers. 


Mayor  to  have 
general  control 
over  city  offi- 
cers. 


Mayor  to  report 
violations,  etc. 


May  call  assist- 


el 
riots. 


MAYOR. 


481 


See.  8.  The  mayor  shall  have  power  to  take  such  secret  secret  measures 

^ to  apprehend  of- 

measures  as  lie  may  deem  necessary  for  the  detection  and  appre-  fenders, 
hension  of  oflenders  against  law  or  ordinance;  but  no  expenditure 
of  money  in  relation  to  such  service  shall  be  made  without  con- 
sent of  a committee  of  the  board  of  common  council,  to  be  styled 
the  “council  committee.” 

Sec.  9.  For  the  purpose  of  assisting  and  effecting  the  removal  Power  to  remove 

^ . paupers  from 

of  paupers  from  the  city,  who  might  otherwise  become  a great  cHy. 
burden  to  it,  the  mayor  and  council  committee  shall  have  power 
to  use  such  amounts  of  money,  payable  as  hereinafter  provided, 
as  shall,  in  their  judgment,  be  necessary  to  accomplish  that  object. 

Sec.  10.  For  expenditures  on  account  of  secret  service  and  secret  service 
removal  of  paupers  the  mayor  shall  draw  his  recpiisition  on  the 
auditor,  approved  by  the  council  committee,  and  the  auditor  shall 
thereupon  draw  his  warrant  on  the  treasurer  for  the  amount 
required,  and  charge  the  same  to  appropriation  for  contingent 
expenses : Provided^  that  tlie  amount  so  expended  shall  not 
exceed  the  sum  of  five  thousand  dollars  in  any  one  year. 

Sec.  11.  Whenever  any  process  or  notice  shall  be  served  on  Process  served 

, . , , , ...  on  mayor  to  be 

the  mayor,  in  any  legal  or  other  proceeding  against  the  city,  or  delivered  to 
in  which  the  city  is  a party,  he  shall  immediately  deliver  the 
same,  or  a sufficient  [note]  notice  thereof,  to  the  city  counselor,  in 
order  that  the  same  may  be  attended  to. 

Sec.  12.  The  council  shall  have  power  at  any  time  to  prefer  ^^i.artres  against 
charges  against  the  mayor  for  willfully  violating  any  of  his 
official  obligations  ; and,  should  such  charges  be  jireferred  against  Removal  of 
the  mayor,  the  common  council  shall  proceed  at  once  to  invest!-  ings^on!’'^^^^^^' 
gate  and  decide  the  same  in  the  manner  prescribed  in  other  cases 
of  a like  kind;  and  should  the  mayor  be,  by  the  judgment  of  the 
council,  removed  from  office,  a copy  of  the  decision  shall  be  filed 
in  the  office  of  the  city  register,  and  the  president  of  the  board 
of  common  council  shall  be,  ax  ojjlcio^  mayor  for  the  time  being, 
and  until  a successor  is  elected ; and  he  shall  issue  a proclamation 
ordering  an  election  to  fill  the  vacancy  in  the  office  of  mayor, 
caused  by  such  removal,  in  the  manner  provided  by  the  charter 
and  ordinances  of  the  city. 

Sec.  13.  Whenever  any  vacancy  shall  happen  in  the  office  of  vacancy  in  of- 
mayor,  from  death,  resignation,  or  any  other  cause,  the  presi-  How 
dent  of  the  board  of  council,  ex  ojjicio^  exercising  the  duties  of 
31 


482 


MISDEMEANORS. 


Special  election 
for  mayor,  pro- 
visions for. 


Mayor’s  secre- 
tary may  be  ap- 
pointed. 


mayor,  shall,  witliin  thirty  days  from  the  time  such  vacancy 
shall  occur,  issue  his  proclamation  directing  a special  election 
to  be  held  to  fill  said  vacancy,  giving  five  days’  notice  of  the 
time  and  place  of  holding  said  election. 

Sec.  14.  Such  election  shall  be  held  under  the  regulations 
prescribed  in  the  ordinance  regulating  elections:  Provided^ 
hoicever^  that  no  such  special  election  shall  be  held  in  the 
event  that  such  vacancy  shall  happen  within  three  months  of 
the  expiration  of  the  time  for  which  the  mayor  (whose  office  had 
become  vacant)  had  been  elected. 

Sec.  15.  The  mayor  is  authorized  to  appoint  a suitable  person 
to  act  as  mayor’s  secretary,  who  shall  hold  the  office  at  the 
pleasure  of  the  mayor,  and  may  be  removed  and  discharged 
by  the  mayor  at  any  time. 

Approved,  September  3,  1864. 


(No.  5421.  ) 

MISDEMEANORS. 

AN  ORDINANCE  CONCERNING  MISDEMEANORS. 


Ahle-hodied  'persons^  who  delined 

to  be IV,  I 5 

Advertisements^  stickiii«’  up  on 

walls,  etc.,  without  leave  11,  4 
indecent,  stickin«-  up  or  dis- 

tnhutiu«: II,  7 

Animals,  leaving  in  the  street 

not  fastened Ill,  1 

turning  loose  in  thorough- 
fare...  HI,  1 

cruelty  to Ilf,  1 

riding  or  driving  with  bells  III,  2 

Assaulting  another,  disturbing 

peace  by I,  2 

Assemblage  of  persons,  disturb- 
ing  I,  5 

Assignation  house,  keeping II,  6 

Barbershops , may  be  kei)t  open 

on  Sunday II,  12 

Bathing,  naked,  in  day-time... . II,  3 
Bathing  establishynents,  may  lx; 

kept  oifen  on  Sunday II,  12 

Bawd,y-house^  ke(;ping II,  G 

Beasts  of  burden  , leaving  unfiist- 
eneil  in  street Ill,  1 


Beasts  of  burden,  turning  loose 

in  tiioroughfare Ill,  \ 1 

Beer-houses,  employing  lewd 

women  in H,  16 

Bell-man,  employing,  to  attract 

people I,  7 

Bells,  using  to  attract  ifcople I,  7 

riding  or'driving  animals  with 

III,  2 

driving  animals  harnessed  to 

sleigbs  without Ill,  3 

Betting  money  or  pro])erty  at 

gaming II,  5 

Beverages,  ])laces  for  sah‘  of  c(*r- 
tain,  may  be  kept  oi)en  on 

Sunday..* II,  12 

ift/Ziew/.s,  playing  on  Sunday  II,  10 

Bills,  putting  uj)  on  walls,  etc., 

without  cons(‘nt 1 1 , 4 

indecent,  putting  up  or  dis- 

tiibuting. II,  7 

Blastuig  rock  without  i)ro])(‘r 

])i’e(*aution IN,  (5 

Board  of  healthy  to  abate'  ste'am 

whistles,  when N' 1 , 1 


]\JIS1)EMEAN0RS. 


BooAs,  exhibiting  or  selling' in- 
decent or  lewd 11,  ^ 2 

Bowie-knife^  euriTing,  eonceulecl 

II,  8 

Breach  of  the  peace ^ who  guilty 

of. I,  2 

Breads  j^hices  for  sale  of,  may  be 

kept  open  on  Sunday II,  12 

Bnsmess,  place  of,  keeping  open 

on  Sunday II,  10 

Carrying  concealed  weapons II,  8 

Colt,  found  on  person,  guilty  of 

breach  of  peace I,  9 

carrying  concealed II,  8 

Concealed  weapons.,  carrying II,  8 

Confectioneries places  for  sale  of 
ma}'  be  kept  open  on  Sun- 
day....  II,  12 

Congregation  at  vjorship.,  disturb- 
ing  I,  4 

Cross  - knuckles , carrying  coil  - 

cealed .". II,  8 

Cruelty  to  animals Ill,  1 

Dagger^  carrying,  concealed.... II,  8 
Dirk,  or  (lii'k-laiife,  carrying. 

concealed ".II,  8 

Distilled  liquors.,  selling  on  Sun- 
day  II,  11 

Disturbing  the  peace.,  three  or 

more  persons I,  I 

who  guilty  of. I,  2 

religious  worship I,  4 

lawful  assemblage I,  5 

peace  on  Sunday II,  lo 

Dog.,  term  detined V,  10 

Dogs,  provisions  concerning V. 

to  lie  registered  and  tax  paid 

for V,  1 

rate  of  tax  on V , 2 

to  wear  collai-s V,  4 

to  be  seen  red V,  11 

to  be  muzzled V,  11 

redemption  fee  for  impounded 

V,  7 

killing  with  poison,  penalty  V,  8 
Dram-shop,  keeiiing  open  on 

Sunday II,  10 

keeper  jiermitting  disturhance 

of  the  i)(*ace II,  15 

keeper  selling  liquor  to  intox- 
icated persons II,  15 

keejier  employing  lewd  wo- 
men to  dance,  etc II,  IG 

Dress,  parties  wearing  of  other 

sex 11,  2 

indecent  or  lewd II,  2 

Drivinq  beyond  moderate  gait  III,  1 

carelessly HI,  ] 

Drugs,  places  for  sale  of  may  be 

kept  open  on  Sunday II,  12 

False  alarm  of  tire,  giving I,  G 

Fees,  for  registering  dogs V,  2 

for  redeeming  impounded 
dogs V,  10 


Fierce  dogs,  permitting  to  run  at 

large V,  \ 12 

Fiqhtinq  another,  disturbing 

pei'ice  by I,  2 

Flying  kites  in  streets Ill,  5 

Funeral  ceo'eyyionies . music  per- 
mitted at,. I.  3 

Gambling^  device,  setting  np,  or 

keeping,  or  betting  at 11,  5 

Games,  playing  on  Sunday II,  10 

Gaming-table,  setting  up,  or 

keeping,  or  betting  at II,  5 

Gardens,  public,  may  be  kejit 

open  on  Sunday II,  12 

Goods,  selling  on  Sunday II,  10 

Grounds,  public,  may  be  kept 

open  on  Sunday II,  12 

Hand-organs . no  license  to  be  is- 
sued for I,  8 

House  of  ill-fame,  keeping II,  G 

Householder,  failing  to  pay  tax 

on  dogs V,  8 

Hydrophobia . dogs  to  be  secured 

during  prevalence  of. V,  11 

Ice-cream.  i)laces  for  sale  of, 
mav  be  kept  open  on  Sun- 
day  II,  12 

Ice.  impure,  what  deemed  to  be 

III,  7 

taking  from  ponds Ill,  7 

Irmnoral  pylay . performing 11,  2 

Impure  ice.  what  deenuHl  to  he  III,  7 

taking  fi'om  i)onds HI,  7 

Indecent  dress,  persons  found  in 

II,  2 

ex])Osure  of  i)erson 11,  2 

or  lewd  act  or  behavior 11,  2 

or  lewd  book,  exhibiting  or 

ottering  for  sale H,  2 

of  gross  notices,  bills,  etc., 
])utting  np  or  distributing  II,  7 

})lay,  pertbrmmg II,  2 

Informers,  to  receive  one-half 

certain  line V,  G 

Intoxicated  persons,  found  on 

.street It,  1 

on  Sunday II,  13 

Knuckles,  metallic,  found  on 
l)arties  guilty  of  hreach  of 

l)eace .' I,  9 

carrying  concealed H,  8 

Kite.  Hying  in  stre(*ts HI,  5 

Lewd  dress,  act,  book,  play, 

etc H,  2 

Lewd  wo'tnen.  employing  in  beer- 
houses, etc II,  IG 

Liquors,  fermented,  })laces  for 
sale  of  may  be  open  on  Sun- 
day  .' 11,  12 

distilled,  selling  on  Sunday  H,  11 
Livery  stables,  may  be  kept  open 

on  Sunday H,  12 

Losing  money  or  i)roperty  at 

gaming.’...' H,  5 


484 


MISDEMEANORS. 


Loud  noises,  ciistiirliiiig  peace 

by I,  i 2 

Marshal  (city) , duty  of  coiiceni- 

ino'  o-anibliiio’  device II,  5 

to  inipoiiiid  dog’s,  found  with- 
out collars V,  5 

to  kill  dogs,  when V,  8 

Mayor,  may  issue  proclamation 
during  prevalence  of  livdro- 

phobia ! V,  11 

Medicines,  ])laces  for  sale  of  may 

be  kept  open  on  !Suuday....II,  12 
Merchandise,  otfense  of  selling 

on  Sunday 11,  10 

Merchants,  prohil)ited  from  em- 

idoying  runners II,  17 

Military  companies  not  to  use 

music  on  Sunday I,  3 

Misdemeanor,  term  explained, 

VIII,  2 

Musical  instruments,  playing  on 

Sunday  prohibited I,  3 

Noise,  disturbing  pea(*e  by  loud  I,  2 

disturbing  religious  worship 

by I,  4 

disturbing  lawful  assemblage 

by I,  5 

Notices,  putting  up  without  con- 
sent  II,  4 

indecent,  putting  u})  or  dis- 

ti-ibutino- II,  7 

Nudity,  parties  found  in  state  of, 

in  public II,  2 

Obscene  lanquaqe,  disturbing 

peace  by... I,  2 

Obstreperous  conduct  or  carriage, 

disturbing  peace  by I,  2 

Offenses  atfectiug  public  peace, 

provisions  cdncerning I. 

against  public  morals  and  de- 
cency  II. 

affecting  i)ublic  safety III. 

against  otiicial  authonty VII. 

Offensive  or  carriage,  dis- 
turbing peace  by I,  2 

language,  disturbing  peace  by  I,  2 
Officer,  falsely  i)ersonating. ...VII,  1 
exercising  functions  of  with- 
out authority VII,  ] 

interfering  with  in  discharge 

of  duty VII,  1 

Officers , certain , may  c a r r y 

weai)ons II,  0 

Peace,  three  oi’  more  i)ei’sons 

disturbing I,  1 

disturbing,  how I,  2 

who  guilty  of  bnaicli  of. I,  2 

disturbing,  on  Sunday II,  13 

Penalties,  for  certain  otfens(‘S I, 

'9;  II,  4,  5,  (),  7,  8,  11,  13, 

14,  10;  III,  7,  8;  IV.  0;  V. 

8,  11,  12;  VI,  1,  5;  VII,  2. 
Penalties,  wbeia*  no  spcH'ial  [xai- 

alLies  are  provided IX,  I 


II,  § 2 


Person,  indecently  exposing 
Persons  assembling  with  unh 

fill  intent I,  1 

present  at  tumultuous  assem- 
blage   I, 

Pi(j eon-dr ojp2nng , term  detined...IV, 
two  or  more  ma}'  be  jointly 

tried  for .". IV, 

Pistol,  carrying  concealed II, 

Place  of  business,  keeping  open 

on  Sunday... .......,II,  10 

Place  of  -public  resort,  employing 

lewd  women  in "...II,  1(5 

Play,  performing  indecent,  im- 
moral, or  lewd II,  2 

Poison,  not  to  be  used  to  kill 

dogs V,  8 

Police,  to  report  certain  viola- 
tions  Ill,  8 

failing  to  report  violations... Ill,  8 

to  impound  dogs  tound  with- 
out collars.... V,  5 

to  kill  dogs  at  certain  times  V,  11 
compensation  of,  for  killing 

dogs V,  8,  11 

Posters,  putting  up  without  con- 
sent  II,  4 

Pound-keeper,  fees  for  imiionnd- 

ing  dogs V,  7 

who  may  redeem  dogs  from  V,  7 

to  slay  dogs,  when.... V,  7 

Processions,  not  to  march  to 

music  on  Sundav I,  3 

Profane  language,  d i s t ii  r b i n g 

peace  by I,  2 

Property,  three  or  more  persons 
assembled  with  intent  to  in- 
jure  I,  1 

Recorder,  duty  of  touching  gam- 
bling device II,  5 

Register"  ffitp) , dog  tax  to  be 

paid  to V,  2 

fee  for  registering  dogs V,  2 

to  procure  metallic  plates  for 

dogs V, 

to  kei'j)  register  of  dogs V, 

Reputation,  may  be  proved  on 

trial  for  vagrancy IV, 

Religious  vjorship,  disturbing I, 

Riding,  beyond  moderate  gait  III, 

cari'lessly HI, 

Rioting,  provisions  concerning...  I, 
Rock  blasting  without  projier 

l)recaution ...Ill,  (I 

Runners,  merchants  prohiliited 

fiom  employing II,  17 

l)enalty  for  employiim II,  17 

Shop,  keejiing  o])(Mi  on  Sundiiy  1 1 , Id 
Signs,  jiutting  up  witliout  con- 

SlMlt II,  1 

Sleighs,  driving' witliout  bells  III,  3 
Slung-shots,  found  on  jiarlii's 

disturbing  jicaci* I,  d 

carrying  concealed H,  8 


MISDEMiUNOUS. 


485 


Soda-v}ater,  places  for  sale  of, 
may  be  open  on  Sunday ...II,  ^ 12 
Sport,  exercisino-,  likelj^to  scare 

horses Ill,  5 

Steam  ivhistles,  provisions  con- 
cerning   VI . 

not  to  be  used VI,  1 

penalty  for  using VI,  2 

presuiiiption  of  using,  against 

whom ’ VI,  3 

to  be  reported  by  street  in- 
spectors  VI,  4 

Sto7'e,  keeinng  open  on  Sunday 

11,  10 

Street  inspectors  to  report  steam 

whistles,  when VI,  4 

Striking  others,  disturbing  peace 

bj I,  2 

Sunday,,  military  companies  not 

to  march  to  music  on I,  3 

musical  instruments  not  to  be 

played  in  street  on 1,  1 

playing  on 11,  10 

selling  goods,  etc.,  on II,  10 

keeping  business  places  open 

on 11,  10 

selling  distilled  liquor  on.... II,  10 

certain  places  may  be  kept 

open  on II,  12 

intoxication  in  public  place  on 

II,  14 


Sunday,,  permitting  breach  of 

j)cace  on II,  ^ 15 

selling  li(pior  to  iidoxicated 

persons  on II,  15 

Swimming , naked,  in  day-time ...II,  3 
Ten-pins,  playing  on  Sunday. ..II , 10 
Terror,  three  or  moi’e  persons 
assembled,  doing  act  to  the, 

of  others I,  3 

Tumultuous  conduct  or  carriage, 

disturbing  peace  by I,  2 

Unseemly  language , distiu'bing 

peace  by I,  2 

Unusual  Aloises,,  disturbing  peace 

by I,  2 

Vagrancy , what  may  be  testified 

on  tilal  for IV , 4 

penalties  on  conviction  for. ..IV,  6 

offense  of,  defined IV,  1 

Vagrants,  provisions  concern- 
ing   fV . 

who"  deemed IV,  1 

Vehicles,  persons  in  meetiiif^, 

how  to  drive .Ill,  4 

Violeiit  conduct  or  carriage,  dis- 
turbing peace  by I,  2 

Washing,  naked,  in  day-time...  11,  3 


Winning  money  or  pi’operty  at 


11, 


Be  it  ordained  by  the  Common  Council  of  the  City  of  St. 
Louis . 


ARTICLE  I. 

Of  OJJ'tnses  ^dffecting  the  Public  Peace. 

Section  1.  Any  three  or  more  persons  who  shall,  in  this  city, 
assemble  together  with  intent,  or,  being  assembled,  shall  mutually 
agree,  to  do  any  unlawl'ul  act,  wdtli  force  or  violence,  against  the 
property  of  this  city,  or  the  person  or  property  of  another,  or 
against  the  peace  or  to  the  terror  of  others,  and  shall  make  any 
movement  or  preparation  therefor,  and  every  person  present  at 
such  meeting  or  assembly  who  shall  not  endeavor  to  prevent  the 
commission  or  perpetration  of  such  uidawful  act,  shall  be  deemed 
guilty  of  a misdemeanor. 

Sec.  2.  Whoever  shall,  in  this  city,  wdllfully  disturb  the  peace 
of  otliers  by  violent,  tumultuous,  offensive,  or  obstreperous  con- 
duct or  carriage  ; or  by  loud  and  unusual  noises  ; or  by  unseemly, 
profane,  obscene,  or  offensive  language,  calculated  to  provoke 
a breach  of  tlic  peace;  or  by  assaulting,  striking,  or  fighting 


Affray,  or  unlaw- 
ful assemblage  ; 
riot. 


J’ersons  present 
and  failing  to 
prevent . 


Disturbing 

peace. 


48G 


MISDEMEANORS. 


1*01  initting  dis- 
lurbjnce. 


Music  on  streets 
prohibited. 


Kxcept  at  fimer- 


Diistiirbing  re- 
Igious  worship. 


Disturbing  law- 
ful assemblage. 


(Hiving  false 
alarm  of  Are. 


Itinging  bell  to 
attract  atten- 
tion. 


Dicenses  for 
hand  organs  pro- 
hibited. 


Music  at  par- 
ade.s^  funerals, 
<‘tc  . not  proliib- 
1 ted. 


another;  and  whoever  shall,  in  this  city,  permit  any  such  conduct 
in  or  upon  any  house  or  premises  owned  or  possessed  by  him,  or 
under  his  management  or  control,  so  that  others  in  the  vicinity 
are  disturbed  thereby,  shall  be  deemed  guilty  of  a misdemeanor. 

Sei’.  3.  It  sliall  not  be  lawful  for  any  military  company,  or 
any  procession,  or  any  bod}^  of  persons,, to  march  or  pass  through 
the  streets  of  this  city  on  Sunday  accompanied  by  the  sound  of 
music  ; or  for  any  person,  on  said  day,  to  play  in  said  streets 
upon  any  musical  instrument.  Whoever  shall  violate  this  section 
shall  be  deemed  guilty  of  a misdemeanor:  Provided^  that  this 
section  shall  not  be  construed  to  prohibit  the  use  of  music  on 
said  day  in  connection  with  funeral  ceremonies. 

Sec.  4.  Whoever  shall,  in  this  city,  disquiet  or  disturb  any 
congregation  or  assembly  met  for  religious  worship,  by  making 
a noise,  or  by  rude  and  indecent  behavior,  or  profane  discourse, 
within  their  place  of  worship,  or  so  near  the  same  as  to  disturb 
the  order  or  solemnity  of  the  meeting,  shall  be  deemed  guilty  of 
a misdemeanor. 

Sec.  5.  Whoever  shall,  in  this  city,  disturb  any  lawful  assem- 
blage of  people  by  rude  and  indecent  behavior,  or  otherwise,  shall 
be  deemed  guilty  of  a misdemeanor. 

Sec.  6.  Whoever  shall,  in  this  city,  give  or  make  a false  alarm 
of  fire,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  7.  Whoever  shall,  in  this  city,  employ  any  bell-man,  or 
use  or  cause  to  be  used  any  bell  or  other  sounding  instrument 
as  means  of  attracting  people  to  an  auction  or  other  place,  or 
shall  permit  any  such  to  be  used  for  or  on  his  account,  shall  be 
deemed  guilty  of  a misdemeanor. 

Sec.  8.  That  hereafter  no  license  shall  be  granted  to  any 
person  who  may  carry  about  the  streets  any  hand- organ  or  other 
musical  instrument  for  the  purpose  of  playing  music  thereon, 
cither  on  any  street,  alley,  or  public  highway,  or  in  any  house, 
for  gain  ; and  whoever  shall  do  the  same  shall  be  deemed  guilty 
of  a misdemeanor:  Provided^  that  this  section  shall  not  be 
construed  to  refer  to  music  i-eijuired  for  a military  parade, 
burial,  or  other  procession,  or  serenading  party. 

Sec.  9.  Whenever  there  shall  lie  found  upon  the  person  o( 
any  one  who  has  been  found  guilty  of  a breach  of  the  peace,  or 
for  conduct  calculated  to  jirovoke  a lireach  o(  the  peace,  any 


MISDEMEANOKS. 


487 


slun^-sliot,  colt,  or  kmicklcs  of  lead,  brass,  or  other  metal  ; or  carrying  siung- 
Avlieii,  upon  trial,  evidence  shall  be  adduced  proving  that  such 
weapons  were  in  the  possession  or  on  the  person  of  any  one 
while  in  the  act  or  commission  of  the  act  aforesaid,  such  person 
shall,  on  conviction,  forfeit  and  pay  to  this  city  a sum  not  less 
than  twenty-five  dollars,  nor  more  than  five  hundred  dollars. 

ARTICLE  II. 

Offenses  Jigamst  Public  Morals  and  Decency. 

Section  1.  Whoever  shall,  in  this  city,  be  found  in  a state 

_ Being  drunk  in 

of  intoxication  in  any  highway,  thoroughfare,  or  other  public  place, 
place,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  2.  Whoever  shall,  in  this  city,  appear  in  any  public 
place  in  a state  of  nudity,  or  in  a dress  not  belonging  to  his  or 
her  sex,  or  in  an  indecent  or  lewd  dress ; or  shall  make  an  ^ 
indecent  exposure  of  his  or  her  person,  or  be  guilty  of  an 
indecent  or  lewd  act  or  behavior ; or  shall  exhibit,  sell,  or  offer 
to  sell,  any  indecent  or  lewd  book,  picture,  or  other  thing;  or 

^ ^ ^ Indecent  books. 

shall  exhibit  or  perform  any  indecent,  immoral,  or  lewd  play 
or  other  representation,  shall  be  deemed  guilty  of  a misde- 
meanor. 

Sec.  8.  Whoever  shall  bathe,  wash,  or  swim  in  the  Mississippi 

" * I ^ Bathing  naked 

river,  or  in  any  other  water-course,  pond,  or  pool,  in  this  city,  in  day-time, 
between  one  hour  before  sunrise  and  one  hour  after  sunset,  being 
naked  or  insufficiently  clothed  to  prevent  im])roper  exposure  of 
his  person,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  4.  Whoever  shall  stick  or  put  upon  any  house,  fence, 
wall,  or  other  public  place,  in  tliis  city,  any  printed,  written, 
painted,  or  other  advertisement,  bill,  notice,  sign,  or  poster, 
without  having  first  obtained  the  written  permission  of  the  owner 
of  such  house,  fence,  wall,  or  other  public  place,  shall  be  deemed 
guilty  of  a misdemeanor;  and  whoever  shall  violate  this  oi'di- 
nance,  or  cause  the  same  to  be  done,  shall  forfeit  and  pay  the 
sum  of  not  less  than  twenty  dollars  for  each  and  every  offense, 
to  be  recovered  as  other  penalties  for  misdemeanors. 

Sec.  5.  Whoever  shall,  in  this  city,  set  up  or  keep  any  gaming  Keeping  gaming 
table,  or  gambling  device,  at  which  any  game  of  chance  shall  be 
played  for  money  or  property,  or  any  thing  representing  money 


488 


mSDEMEANORS. 


Gaming 


Penalty. 


Keeping  bawdy- 
house. 


Penalty. 


Posting  indecent 
bills 


Distributing  in- 
decent adver- 
tisements. 


Penalty. 


Carrying  con- 
cealed weapons. 


or  property;  or  shall,  at  any  such  table  or  device,  or  at  any  game 
of  chance,  bet,  win  or  lose  any  money  or  property,  either  in 
specie,  or  by  means  of  any  thing  representing  the  same  ; or  shall 
suffer  any  such  table  or  device,  at  which  any  game  of  chance  is 
played,  to  be  set  up  or  used  in  any  tenement  in  his  possession 
or  under  his  control,  shall  be  deemed  guilty  of  a misdemeanor, 
and  shall  forfeit  and  pay  a sum  of  not  less  than  fifty  dollars  ; 
and  it  shall  be  the  duty  of  the  recorder,  on  receiving  satisfactory 
information  of  any  such  table  or  device  being  so  set  up  and  used, 
to  issue  his  warrant  to  the  city  marshal,  commanding  him  to 
destroy  the  same,  which  warrant  shall  be  immediately  executed. 

Sec.  6.  Whoever  shall,  in  this  city,  keep  a bawdy-house,  house 
of  ill-fame,  or  of  assignation,  or  shall  permit  any  tenement  in 
his  possession  or  under  his  control  to  be  used  for  any  such  pur- 
pose, shall  be  deemed  guilty  of  a misdemeanor,  and  shall  forfeit 
and  pay  a sum  of  not  less  than  fifty  dollars. 

Sec.  7.  Whoever  shall  be  guilty  of  sticking  or  putting  up  in 
any  street,  avenue,  or  alley,  or  on  any  wall,  fence,  or  other 
public  place  in  this  city,  any  indecent  or  gross  printed  or  written 
advertisement,  bill,  or  notice  of  his  professional  skill  or  remedies 
for  the  curing  of  venereal,  or  what  are  usually  called  secret, 
diseases,  or  causing  the  same  to  be  stuck  or  put  up ; or  shall 
cause  any  such  indecent  or  gross  printed  or  written  advertise- 
ment, either  as  a bill  or  circular,  whether  inclosed  in  an  envelope 
or  in  any  other  form,  to  be  left  in  any  yard  or  premises  attached 
to  any  dwelling-house,  or  shall  be  put  under  the  door,  or  to  be 
given  to  any  servant  or  other  person  in  or  about  such  dwelling- 
house,  shall  be  adjudged  guilty  of  a misdemeanor ; and  shall 
forfeit  and  pay  the  sum  of  not  less  than  fifty  dollais  for  the 
first  offense,  and  not  less  than  one  hundred  dollars  for  each 
subse(pient  offense,  to  be  recovered  as  other  penalties  for  mis- 
demeanors. 

Sec.  8.  Hereafter  it  shall  not  be  lawful  for  any  person  to 
wear  under  his  clothes,  or  concealed  about  his  person,  any  pistol, 
or  colt,  or  slung-shot,  or  cross-knuckles,  or  knuckles  ol‘  lea<l, 
brass,  or  other  metal,  or  bowie-knife,  dirk-knife,  or  dirk,  or 
dagger,  or  any  knife  resembling  a bowie-knife,  or  any  other 
dangerous  or  deadly  weapon,  within  tlie  city  of  St.  Louis;  and 
whoever  shall  violate  this  ordinance  shall  be  deemed  guilty  of  a 


J^eQaJty, 


:\IIS1)EMEAN01{S. 


480 


inisileiueaiior,  and,  upon  conviction,  sliall  forfeit  and  pay  to  this 
city  not  less  than  ten  dollars  nor  more  than  five  hundred  dollars 
for  each  and  every  offense,  to  be  recovered  as  other  penalties  for 
misdemeanors. 

Sec.  0.  Nothino;  in  this  ordinance  shall  be  so  construed  as  to  certain  omcers 

may  carry  weap- 

prevent  any  United  States,  State,  county,  or  city  ofiicer  from 
carrying  and  wearing  such  weapons  as  may  be  necessary  in  the 
proper  discharge  of  his  duties. 

Sec.  10.  Whoever  shall,  in  this  city,  play  on  Sunday  at 
billiards,  ten-pins,  or  other  games,  or  permit  the  same  to  be 
done  on  his  premises,  or  shall  on  that  day  sell,  or  expose  or  offer  ggning  or  teep- 
for  sale,  any  goods,  wares,  or  merchandise,  or  keep  open  any 
dram-shop,  or  any  store,  shop,  or  other  place  of  business,  for 
business  purposes,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  11.  Any  person  who  shall,  in  this  city,  on  Sundav,  either  seiung  distiiiea 

y ^ . li(iuors  on  bun- 

directly  or  indirectly,  sell,  or  expose  or  offer  for  sale,  in  any  ^ay. 
quantity,  any  distilled  liquors,  or  any  conqujsition  of  Avhich 
distilled  liquors  form  a part,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  fined  not  less  than  ten  nor  more  than  fifty  dollars, 

Sec.  12.  The  pi-ovisions  of  the  tenth  section  of  this  ordi-  saie  of  certain 

'■  articles  permit- 

naiice  shall  not  apply  to  the  OAvners  or  lessees  of  gardens  and  on  sumiay. 
grounds  laid  out  and  improved  as  ])laces  for  ])ul)lic  resort,  for 
refreshment  and  recreation  ; nor  be  so  construed  as  to  prevent 
the  keeping  open  on  Sunday  of  barber-sho})S,  bathing  estab- 
lishments, or  livery  staliles,  or  any  other  place  of  business  for 
the  sale  only  of  drugs  and  medicines,  bread,  confectioneries, 
ice-cream,  soda-Avater,  or  other  beverages  not  prohiinted  by  the 
eleventh  section  of  this  article,  or  any  article  of  immediate 
necessity:  Provided^  however^  that  no  person  shall  be  per- 
mitted, on  Sunday,  to  sell  or  expose,  or  offer  for  sale,  any  of 
said  articles  on  any  sidoAvalk,  street,  or  public  higliAvay  Avithin 
this  city. 

Sec.  13.  Any  person  Avho  may,  on  Sunday,  disturb  the  peace  Disturbing 

. . T 1 f 1 • 1 peace  ou  Suu- 

by  any  noisy,  riotous,  or  (hsorderly  conduct,  in  any  street  or  other  uay. 
public  place,  or  in  any  place  of  public  resort  for  amusement  or 
other  purposes,  shall  be  fined  not  less  than  tAventy  nor  more  than  Penalty. 
tAvo  hundred  dollars. 

Sej.  14.  Any  person  avIio  may  be  found,  on  Sunday,  intoxi- 


MISDEMEANORS. 


VM) 


J5?ing  drunk  in 
street  on  Sun- 
day ; penalty 

Perniiting  dis- 
lurhance  onSun 
day. 


Selling  intoxi- 
cating liquor  to 
intoxicated  per- 
son. 


Penalty. 


Employing  lewd 
women  in  pub- 
lic bouses. 


Penalty 


Runners  and  so- 
licitors prohib- 
ited. 


Penalty. 


Fast  or  careless 
driving. 


catcd  ill  any  street,  or  other  publie  place,  shall  be  lined  not  less 
than  ten  nor  more  than  fifty  dollars. 

Sec.  15.  Any  keeper  of  a dram-shop,  beer-house,  or  other 
place  of  public  resort,  who  may  permit  any  breach  of  the  peace 
or  disturbance  of  public  order  and  decorum,  by  noisy,  riotous, 
and  disorderly  conduct  on  his  premises,  when  it  was  in  his  power 
to  prevent  it,  or  who  shall  sell  any  intoxicating  drink  to  any 
person  already  intoxicated,  shall  be  fined  not  less  than  twenty- 
five  nor  more  than  two  hundred  and  fifty  dollars  ; and,  if  the 
oflense  be  committed  on  Sunday,  he  shall  be  fined  not  less  than 
fifty  nor  more  than  five  hundred  dollars. 

Sec.  16.  Any  keeper  of  a dram-shop,  beer-house,  or  other 
place  of  public  resort,  who  shall  employ  a lewd  woman,  having 
the  reputation  of  a prostitute,  as  a carrier  of  beer  or  any  otlier 
thing,  either  in  the  day  or  night  time,  or  to  sing  or  dance  in  a 
leAvd  or  indecent  manner  in  any  such  house  or  place,  shall  be 
fined  not  less  than  fifty  nor  more  than  one  hundred  dollars. 

Sec.  17.*  Hereafter  it  shall  not  be  lawful  for  any  persons  doing 
business  in  the  city  under  a merchant’s  license  to  have  or  keep  in 
their  employment,  or  engage,  for  compensation  to  be  paid,  any 
runner,  solicitor,  agent,  or  other  person,  for  the  purpose  of 
soliciting  or  enticing  discharged  soldiers,  at  or  about  the  place  of 
the  discharge  or  payment  of  such  soldiers,  to  buy  or  purchase  at 
their  store,  stand,  or  place  of  business,  any  of  their  goods,  wares, 
or  merchandise.  Any  person  violating  the  provisions  of  this 
section  shall  be  liable  and  subject  to  pay  a fine  of  not  less  than 
fifty  nor  more  than  one  hundred  dollars,  to  be  sued  for  and 
recovered  as  in  other  breaches  of  city  ordinances. 

ARTICLE  III. 

Off(7is€s  ^/Jffcctino;  Public  Safth/. 

Section  1.  Whoever  shall,  in  this  city,  ride  or  drive  any  beast 
of  burden,  in  any  highway,  thoroughfare,  or  other  })ublic  ]>lace, 
(piicker  than  or  beyond  a moderate  gait,  unless  in  a case  of 
urgent  necessity  ; or  shall  ride  or  drive  any  such  animal  so  as  to 
cause  such  animal  or  any  veliicle  thereto  attached  to  come  in 


* This  section  is  ordinance  No,  5G18,  approved  dnly  25),  ISOo. 


MISDEMEANOllS. 


41^1 


collision  Avitli  or  strike  any  other  object  or  any  person  ; or  shall 
leave  any  such  animal  standing  in  any  public  ])lace  without  being 
fastened  or  so  guarded  as  to  prevent  its  running  away  ; or  shall 
turn  any  such  animal  loose  in  any  thoroughfare  ; or  shall  inhu- 
manly, unnecessarily,  or  cruelly  beat,  injure,  or  otherwise 
abuse  any  dumb  animal,  shall  be  deemed  guilty  of  a mis- 
demeanor. 


Leaving  animal 
in  street  not 
fastened. 


Turning  animal 
loose  in  thor- 
oughfare; cruel- 
ty to  animals. 


Sec.  2.  Whoever  shall,  in  this  city,  ride  or  drive  any  animal  uriving  with 
with  a bell  or  bells  of  any  description  attached  thereto,  shall  be 
deemed  guilty  of  a misdemeanor.  This  section  shall  not  extend 
to  strangers  passing  through  the  city,  nor  to  the  use  of  bells  upon 
horses  driven  in  sleighs  or  sleds,  when  there  is  snow  upon  the  sieighs. 
ground. 

Sec.  3.  Whoever  shall,  in  this  city,  drive  any  animal,  liar- 
nessed  to  a sleigh  or  sled,  without  a bell  or  bells  attached  to  such 
animal,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  4.  In  all  cases  of  persons  meeting  each  other  in  vehicles,  vehicles  meet- 

^ _ _ _ ing,  how  to  turn 

in  any  highway  or  thoroughfare  in  this  city,  each  person  so  ««'■ 
meeting  shall  turn  off  and  go  to  the  right  side  of  the  highway  or 
thoroughfare,  so  as  to  enable  such  vehicles  to  pass  each  other 
without  accident.  Whoever  shall  violate  this  section  shall  be 
deemed  guilty  of  a misdemeanor. 

Sec.  T).  Whoever  shall,  in  any  highway  or  thoroughfare  of  riying  kite  in 

’ J o J streets. 

this  city,  Hy  a kite,  or  use  any  sport  or  exercise  likely  to  scare 
horses,  injure  passengers,  or  embarrass  the  passage  of  vehicles, 
shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  G.  Whoever  shall,  in  this  city,  blast,  or  cause  to  be  Blasting  rocks 

^ _ without  precau- 

blasted,  any  rock,  without  having  the  rock,  at  the  time  of  setting 
off  the  blast,  covered  on  all  sides  of  the  orifice  with  good  sound 
plank  or  timbei’,  of  sufficient  length,  width,  and  thickness,  and  so 
placed,  as  effectually  to  jirevent  fragments  of  rock  from  ascending 
into  the  air,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  7.  All  ice  taken  from  sink-holes  or  iionds  in  the  citv  of  St.  Rpmoviug  ice 

from  sink-holes. 

Louis  and  environs  sliall  be  deemed  impure  ice  ; and  every  person 
taking  or  removing  said  ice  from  said  sink -hole  or  pond  shall  be 
deemed  guilty  of  a misdemeanor,  and,  on  conviction  thereof 
before  the  recorder,  shall  be  fined  not  less  than  ten  nor  more  than  Penalty, 
one  hundred  dollars  for  each  and  every  offense. 


492 


MISDEMEx\NORS. 


I)uty  of  polici 
otticers  coiicorn 
iiiK  previous 
section. 


Penalty. 


Vagrant,  who 
declared  to  be. 


Sec.  8.  The  police  officers  are  hereby  instructed  to  report  any 
violation  of  the  provisions  of  * the  preceding  section ; and,  in 
the  event  said  officers  neglect  or  refuse  to  comply  with  the 
provisions  thereof,  on  conviction  thereof,  he  or  they  shall  be 
deemed  guilty  of  a misdemeanor,  and  subject  to  a fine  not 
less  than  five  nor  more  than  ten  dollars,  to  be  collected  as  other 
violations  of  city  ordinances : Provided^  however^  this  ordi- 
nance shall  only  apply  to  those  that  sell  or  offer  ice  for  sale. 

ARTICLE  IV. 

Vag^rants. 

Section  1.  A vagrant,  under  the  meaning  and  provisions  of 
this  ordinance,  shall  be  deemed  to  be  : 

First — Any  able-bodied  male  person,  over  the  age  of  sixteen 
years,  who,  not  having  visible  means  to  maintain  himself,  lives 
idly,  without  employment,  and  without  any  settled  place  of  abode. 

Second — Any  able-bodied  male  person,  who,  not  having  any 
visible  means  to  maintain  himself,  shall  be  found  loitering  or 
rambling  about,  or  wandering  abroad,  and  lodging  in  groceries, 
tippling-houses,  beer-houses,  out-houses,  bawdj^-houses,  houses 
of  bad  repute,  sheds,  stables,  market-houses,  lumber-yards,  or 
in  the  open  air,  or  who  shall  be  found  trespassing  in  the  night- 
time upon  the  private  |)remises  of  others,  and  not  giving  a good 
account  of  themselves  [himself]. 

Third — Any  able-bodied  male  or  female  person,  over  the  age 
of  sixteen  years,  found  wandering  abroad  and  begging,  or  going 
from  door  to  door  begging,  or  appearing  in  any  street,  thorough- 
fare, or  other  pul)lic  j)lace,  begging  or  receiving  alms. 

Fourth — Any  male  or  female  pei’son  who  shall  be  the  keeper, 
proprietor,  or  exhibitor  of  any  gaming  table  or  device,  or  who  shall 
be  an  assistant  or  attendant  at  any  such  gaming  table  or  device. 

Fifth — Any  person  who,  for  the  purpose  of  gaming  or  gam- 
bling, travels  about  from  place  to  place,  or  frecpients  steam])oats 
at  the  wharf  of  this  city,  oi-  goes  from  place  to  ])lace  in  this  city. 

Sixth — Any  person  upon  wliom  shall  be  found  any  instrument 
or  thing  used  for  the  commission  of  bui-ghary,  oi-  for  ])icking 

*Tlie  words  “tliis  oi'dinanc(;,  ’ ' in  tlio  original,  are  (*linn^-(*(l  to  “the 
preceding  section”  by  ordinance  Vo  5170,  approved  December  5,  18(11. 


]\IIS1)EMEAN()1?S. 


493 


locks  or  pockets,  uiid  avIio  sluill  fail  to  give  a good  account  of 
the  possession  of  the  same. 

Sevenf/i — Any  person  ^vho  shall  be  found  engaged  in  pigeon- 
dropping, as  hereinafter  defined. 

Eighth — Any  person  avIio,  having  once  been  convicted  of  being 
a vagrant,  or  who  has  the  reputation  of  being  a vagrant,  and 
who  shall  be  found  in  possession  of  any  Mexican  puzzle,  patent 
safe,  strap,  thimble  and  balls,  or  any  other  instrument  or  device 
used  for  pigeon-dropping. 

wYmth — Any  prostitute,  courtesan,  bawd,  or  lewd  woman,  or 
any  female  inmate  of  any  baAvdy- house,  house  of  prostitution, 
house  of  assignation,  brothel,  or  house  of  bad  repute,  who  shall 
be  found  wandering  a])out  the  streets  in  the  night-time,  or 
frequenting  dram-shops  or  beer-houses,  or  any  such  lewd  woman, 
having  the  reputation  of  a prostitute,  who  shall  be  found  em- 
ployed as  a beer-carrier,  or  waiting,  attending,  or  carrying  beer 
or  any  other  thing  in  any  beer  or  drinking  saloon,  either  in  the 
day  or  night  time,  or  who  may  be  found  employed  in  singing  or 
dancing  in  a lewd  or  indecent  manner  in  such  house  or  place. 

7\nth — Any  procurer,  pimp,  or  other  male  person,  inhabiting 
a bawdy-house,  or  house  of  piustitiition  or  assignation,  or  in  any 
way  connected  Avith  the  kee])ing  of  any  snch  house. 

Eleiunth — Any  male  or  female  person  avIio,  living  idly,  Avith- 
out  employment,  habitually  associates  Avith  persons  having  the 
reputation  of  being  thieves,  burglars,  ])icki)ockets,  or  pigeon- 
droppers,  or  Avho  habitually  lodges  in  or  fre(pients  houses  or 
other  places  having  the  reputation  of  being  the  resort  of  thieves, 
burglars,  pick})ockets,  or  pigeon-droppers,  or  places  for  the 
reception  of  stolen  [)ro})erty. 

Sec.  2.  E Lgam-dnypping ^ under  the  meaning  and  intent  of 
this  ordinance,  shall  be  deemed  the  Avinning  or  obtaining  of 
money  or  propei-ty,  or  things  representing  money  or  pi-operty, 
by  its  being  bet  or  staked,  on  game,  instrument,  contrivance,  or 
device,  under  the  control  of  any  person  concerned  in  the  game, 
bet,  or  stake,  or  any  confederate  of  such  ])erson,  and  so  contrived 
or  constructed  that  the  result  of  any  game,  bet,  or  stake,  can  be 
determined  by  either  of  such  ])ersons  ; or  the  borroAving  of  money 
or  property,  or  any  thing  re})resenting  money  or  property,  to  be 
bet  on  any  such  game,  instrument,  contrivance,  or  device  ; or  the 


irr-dfoji- 
, mean  ins  of 
declared. 


404 


MISDEMEANORS. 


Two  or  more 
may  be  tried 
ioiiiUy. 

Cliaracter  and 
jepiitation  may 
be  prov,.u. 


Able-bodied, 
who  declared  to 
be. 


Penaltie.s. 


Dors  above  six 
months  ol<l  to  b3 
registered. 


inveigling,  enticing,  or  pcrsiniding  any  person  to  bet  or  lend  monev 
or  property,  or  any  thing  representino;  money  or  property,  to  be  bet 
or  staked  on  any  such  game,  instrument,  contrivance,  or  device. 

Sec.  3.  Two  or  more  persons  found  acting  together,  or.in  con- 
cert, for  the  purpose  of  pigeon-dropping,  may  be  tried  jointly. 

Sec.  4.  On  the  trial  Ijefore  the  recorder  of  any  person  charged 
with  being  a vagrant,  it  shall  be  lawful  for  the  city  to  introduce, 
in  support  of  said  charge,  testimony  as  to  the  general  character 
and  reputation  of  the  defendant  touching  any  of  the  matters  set 
forth  in  section  first  of  this  ordinance ; and  the  defendant  may 
resort  to  testimony  of  a like  nature  for  the  purpose  of  disproving 
said  charge. 

Sec.  5.  An  able-bodied  person,  under  the  meaning  and  intent 
of  this  ordinance,  shall  be  deemed  to  be  any  person  who  is  not, 
by  reason  of  physical  disability,  prevented  from  following  some 
honest  avocation  of  labor,  sufficient  for  his  or  her  maintenance. 

Sec.  6.  Whoever  shall  be  convicted  of  being  a vagrant  under 
the  provisions  of  section  hrst  of  this  article  shall  be  adjudged  to 
pay  a fine  as  folloAvs : If  under  the  first  or  ninth  clause,  not  less 
than  ten  nor  more  than  fifty  dollars  ; if  under  the  second  or  third 
clause,  not  less  than  fifty  nor  more  than  one  hundred  dollars  ; if 
under  the  fourth  or  fifth  clause,  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars  ; if  under  the  i)rovisions  of  the 
sixth,  seventh,  eighth,  tenth,  or  eleventh  clauses,  five  hundred 
dollars  ; and  the  recorder  shall,  in  addition,  require  the  defendant 
to  give  a bond  to  the  city  of  St.  Louis,  with  good  and  sufficient 
security,  in  a penalty  of  five  hundred  dollars,  conditioned  that 
said  defendant  Avill,  for  the  space  of'  six  months  next  ensuing  the 
execution  of  said  bond,  be  of  good  behavior  ; and,  in  default 
thereof,  it  shall  be  the  duty  of'  the  recorder  to  commit  said 
defendant  to  the  workhouse,  until  such  security  is  given,  not 
exceeding  six  months. 

ARTICLE  V. 

Du^S!. 

Section  1 . No  dog  above  the  age  of  six  months  shall  be  per- 
mitted to  1)0  and  remain  within  the  limits  of  tlie  city  of  St.  Louis 
as  now  fixed  by  law,  unless  the  oAvner  thereof  shall  have  caused 


]MI81)EMKAN()KS. 


4ur> 


such  (log  to  be  registered  and  tlie  tax  on  sneli  dog  imposed  by 
tliis  ordinanee  to  l)e  paid. 

Sec.  2.  The  tax  on  every  dog  in  tlie  city  oF  St.  Louis,  wlietlier  Amount  of  tax 
male  or  female,  shall  be  three*  dollars  pei'  annum,  payable  to  the 
city  register,  for  the  use  of  the  city,  and  the  further  sum  of 
fifteen  cents,  payable  to  the  city  register,  for  his  own  use. 

Sec.  3.  The  city  register  is  authorized  to  procure  circular  Metallic  plates 
metallic  plates,  having  raised  or  cast  thereon  the  letters  “ C.  T.  by  register!‘^^‘^'^ 
r.,”  and  the  figures  indicating  the  year  for  which  the  tax  has 
been  paid,  and  a number  corresponding  with  the  number  of  the 
registry  on  the  book  in  the  city  register’s  office  ; and  the  city 
register  shall  enter,  in  a book  kept  for  that  purpose,  a descriptive 
list  of  the  dogs  registered  under  the  provisions  of  this  article. 

Sec.  4.  It  shall  be  the  duty  of  the  owner  of  every  regdstered  ciatesto  befast- 

'b  o enedtodogs. 

dog  to  put  around  the  neck  of  such  dog  a collar  not  less  than 
three-quarters  of  an  inch  in  breadth,  to  which  shall  be  attached, 
by  a metallic  fastening,  the  circular  metallic  ])late  aforesaid. 

Sec.  5.  It  shall  lie  the  dutv  of  each  member  of  the  city  police,  uogs  not  Mip- 

y , ‘ ^ plied witb  plates 

and  of  the  city  marshal  and  his  assistants,  to  take  up  and  impound  to  be  impounded, 
in  a suitable  ])lace,  to  be  designated  by  the  city  marshal,  and  of 
the  location  of  Avhich  notice  shall  be  given  by  a bill  posted  up  in 
a conspicuous  place  in  the  marshal’s  office,  all  dogs  above  the 
age  of  six  months  which  are  found  within  the  city  of  St.  Louis 
without  collars  around  their  necks,  marked  as  provided  in  the  two 
preceding  sections. 

Sec.  ()  [81. t Every  householder' or  head  of  a family  suffering  Permuting  un- 

. ° ri'gistpied  dogs 

an  iini’egistered  dog  to  remain  upon  his  jiremises,  and  every  promises, 
owner  of  an  unregistered  dog,  within  the  city  of  St.  Louis,  shall, 
if  reported  to  the  city  recorder  and  found  guilty,  be  adjudged  to 
pay  the  costs  of  the  jiroceedings,  and  a fine  of  not  less  than  five  Penalty, 
nor  more  than  ten  dollars,  whereof  one  half  shall  go  to  the  police- 
man or  other  officer  I'cporting  such  case  to  the  register,  ;ind  the 
remainder  to  the  city  tj-easury  ; and  he,  moreover,  ordered  iinme- 


*Iu  tlio  original  ordintuicc  it  i.^?  ‘‘out'  dollar."  Tlio  tmuMidnuMit  is 
conttiined  in  ordiiiiinct^  No.  oOOd,  aitprovcd  .lidy  It),  ISOo.  and  goes  into 
cdl'etU  Jantitirv  1,  1S(»(). 

f The  sixth,  s(‘venth,  and  ninth  sections,  and  a ptirt  of  the  eighth 
seel  ion,  in  th(‘  original  ordiinince,  tire  re[)e:iled  hy  ordintmee  No.  5004, 
tijtpi'oved  did}’  11),  IHl)'). 


406 


MISDEMEANORS. 


tTnrerlPPined 
dogs  to  bp  slain. 


Fpp  for  takiii! 
up  dogs. 


(liately  to  cause  siicli  dog  to  be  duly  registered  and  the  tax 
imposed  by  tliis  ordinance  to  be  paid  therefor, 
iipdpmptionfpe.  Seo.  T [10].  For  every  dog  taken  up  and  confined  in  the 
dog-pound,  as  provided  in  the  fifth  section  of  this  article,  for 
which  no  tax  has  been  paid,  a redemption  fee  of  two  dollars, 
together  with  the  amount  of  the  license,  shall  be  paid  to  the  city 
register  for  the  use  of  the  city  ; and  upon  procuring  the  certificate 
of  the  register,  stating  that  said  amount  lias  been  paid,  and 
Pound  fpp.  further  sum  of  fifty  cents  to  the  pound-keeper  for 

taking  up  such  dog,  the  owner  thereof,  within  three  days  after 
the  impounding,  or  any  other  person  after  three  days,  shall  be 
entitled  to  redeem  such  dog  ; and  if  the  dog  shall  not  be  and  is 
not  redeemed  within  five  da^^s  after  being  taken  up,  he  shall  be 
slain  by  the  pound-keeper  ; and  tlie  person  taking  up  sucli  dog 
shall  receive  therefor  the  sum  of  fifty  cents,  and  the  pound-keeper 
the  sum  of  twenty-five  cents,  to  be  paid  out  of  the  city  treasury  ; 
but  if  it  shall  be  made  to  appear  to  the  satisfaction  of  the  city 
register  that  any  person  claiming  to  redeem  a dog  confined  in 
the  dog-pound  has  registered  such  dog,  and  has  put  around  his 
neck  a collar  stamped  and  marked  as  provided  in  section  four  of 
this  ordinance,  but  that  such  collar  has  been  accidentally  dis- 
placed or  lost,  the  register  shall,  if  such  person  produces  to  him 
a metallic  collar  marked  with  his  name,  deliver  to  him  a metallic 
plate,  as  described  in  section  third  of  this  article,  to  correspond 
with  tlie  registry,  Avithout  any  additional  charge  tlierefor,  except 
the  fee  of  fifteen  cents  for  the  use  of  such  register. 

Sec.  8 [11].  It  shall  ])e  the  duty  of  the  city  marshal  and  his 
assistants  to  kill  any  dog  Avliich  may  be  found  in  the  city  of  St. 
Louis  without  an  owner,  and  Avithout  a collar  stam])ed  or  marked 
as  provided  in  section  four  of  this  article:  Provided^  such  dog 
Poison  not  to  he  cannot  safely  be  taken  up  and  impounded.  But  it  sliall  not  be 
lawful  for  any  officer  of  the  city  of  St.  Louis,  or  other  })erson, 
to  use  poison  for  the  purpose  of  killing  a)iy  such  dog,  or  to  use 
poison  for  the  purpose  of  killing  any  dog,  at  any  other  })lace 
than  the  dog-])ound;  and  an}"  officer  of  the  city  of  St.  Louis, 
or  other  person,  Avbo  shall  entice  any  dog  so  collared  out  of  the 
inclosure  of  the  owner  or  possessor  of  such  dog,  or  AAdio  shall 
molest  or  seize  any  dog  Avhile  held  or  led  by  any  person,  or  Avho 

for  the  })urpose  of  taking  up 


Kesister’s  fee. 


Duty  of  marshal 
to  kill  dogs. 


used  in  killing 
dogs 


shall  bring  into  the  city  any 


(log 


MISDEMEANORS. 


497 


and  impounding  tlie  same,  shall,  on  conviction,  be  fined  in  a 
sum  not  less  thamfive  nor  more  than  fifty  dollars. 

Sec.  9 [12].  If  any  fierce  or  dangerous  dog  shall  be  found 
at  large  in  the  streets  of  St.  Louis,  and  shall  there  annoy  or 
endanger  any  person  therein,  the  owner  tliereof  sharll  forfeit 
and  pay  to  the  city  of  St.  Louis  a sum  of  money  not  exceeding 
fifty  dollars  for  the  first  offense,  on  the  part  of  said  owner,  in 
permitting  such  fierce  or  dangerous  dog  to  go  at  large ; and, 
moreover,  it  may  be  part  of  the  sentence,  upon  such  conviction, 
that  such  fierce  or  dangerous  dog  be  immediately  killed,  and  this 
sentence  shall  be  forthwith  executed  by  the  city  marshal,  for 
which  he  shall  receive  the  further  sum  of  five  dollars,  to  be 
paid  by  the  owner  of  said  dog,  which  sum  shall  be  included  in 
such  second  judgment. 

Sec.  10  [13].  The  word  dog,”  wherever  used  in  this  ordi- 
nance without  qualification,  is  intended  to  mean  a' female  as  well 
as  a male  dog. 

Sec.  14.*  Whenever  the  prevalence  of  hydrophobia  shall,  in 
the  opinion  of  the  mayor,  make  it  necessary  for  public  safety,  it 
shall  be  his  duty  to  issue  a pi-oclaniation  notifying  owners  of 
dogs  to  keep  the  same  well  secured  on  their  premises  ; and  any 
dog  found  at  large  in  any  street  or  public  place,  at  the  expira- 
tion of  tAvo  days  after  such  proclamation  has  been  issued,  shall 
be  killed  immediately,  unless  muzzled  and  accompanied  by  a 
keeper,  and  the  owner  thei'eof  shall  be  fi)ied  before  the  city 
recorder  not  less  than  two  nor  more  than  twenty  dollars.  One- 
half  of  said  fine  shall  be  paid  to  the  policeman  or  other  ofiicer 
having  killed  such  dog,  and  the  remainder  shall  be  paid  into  the 
city  treasury.  It  shall  be  the  special  duty  of  the  police  to  carry 
the  last  provision  of  this  section  into  efiect. 


Penalty. 


Penalty  for  al- 
lowing llerce  tlog 
to  be  at  large. 


Term  “dog”  de- 
clared. 


When  mayor 
may  proclaim 
dogs  to  be  se- 
cured. 


When  dog  may 
be  killed. 


Penalty. 


Police  to  carry 
out  this  section. 


ARTICLE  Vl.f 
Stcani  fF/iislles.  ' 

Section  1.  Hereafter  it  shall  not  be  lawful  for  the  owner  or  Blowing  of 

steam  whistles 

owners,  agents,  lessees,  supervisors,  superintendents,  workmen,  prohibited. 


* Tlii.s  is  soctiou  two  of  ordinance  No.  .5(504,  approved  July  19,  18(55.; 
-{■The  sixtli  article  of  the  original  ordinance,  treating  of  olfenses  con- 
cerning ne‘^*oes  and  luulattoes,  is  repealed  by  o-i-dinance  No.  5G04, 
approved  July  19,.  18(55. 

32 


498 


MISDEMEANORS. 


Penalty  for 
blowing  steam 
whistles. 


Presumption  of 
liability. 


Duty  of  street 
inspectors 
touching  steam 
whistles. 


Falsely  person- 
ating olllcer  ; 
usurping  au- 
thority of  ofli- 
cer. 

Resisting  olll- 
cer. 


Permitting  dis- 
turbance. 


or  employees  in  any  capacity,  of  any  saw-mill,  or  factory  of  any 
kind,  or  of  any  machine-shop,  or  foundery,  or  mill  of  any  kind, 
to  blow,  or  sound,  or  cause  or  permit  to  be  blown  or  sounded, 
for  any  purpose  whatever,  any  steam  whistle  within  the  city  of 
St.  Louis,*  about,  or  connected  in  any  manner  with,  any  saw-mill, 
factory  of  any  kind,  machine-shop,  foundery,  or  mill  of  any  kind, 
of  which  die  or  they  are  the  owners,  agents,  supervisors,  superin- 
tendents, workmen,  or  employees. 

Sec.  2.  Any  person  offending  against  the  foregoing  section 
shall  be  deemed  guilty  of  a misdemeanor,  and  shall,  for  each 
offense,  forfeit  and  pay  to  the  city  of  St.  Louis  a fine  of  not  less 
than  three  nor  more  than  one  hundred  dollars  ; but  this  ordinance 
shall  not  be  so  construed  as  to  prevent  the  use  of  steam  whistles 
on  steamboats  or  locomotives  within  the  city  of  St.  Louis. 

Sec.  3.  Whenever  any  steam  whistle  shall  be  bloivn  or  sounded 
about  any  premises  contrary  to  the  first  section  of  this  ordinance, 
the  proprietors,  or  any  of  them,  and  the  employees  of  said 
premises,  shall  be  presumed  to  have  caused  or  permitted  said 
steam  whistle  to  have  been  blown  or  sounded. 

Sec.  4.  Whenever  it  shall  come  to  the  knowledge  of  the  street 
inspector  of  any  ward  or  district  that  there  is  in  his  ward  or 
district  any  steam  whistle  used  in  contravention  of  the  provisions 
of  this  ordinance,  it  shall  be  the  duty  of  such  inspector  to  notify 
the  owners  or  persons  having  the  charge  of  the  premises  about 
which  the  steam  whistle  is  used  to  abate  the  same  ; and,  on  their 
failure  so  to  do  within  three  days  from  the  time  of  being  so 
notified,  the  street  inspector  shall  report  them  to  the  board  of 
health,  who  shall  cause  said  steam  whistle  to  be  abated  in  the 
same  manner  as  other  nuisances. 

ARTICLE  VII  [VIII]. 

Offenses  gainst  Official  Authority, 

Section  1.  Whoever  shall,  in  this  city,  falsely  represent 
himself  to  be  an  officer  of  tliis  city;  or  shall,  without  being  duly 
authorized  by  the  city,  exercise,  or  attempt  to  exercise,  any  of 
the  duties,  functions,  or  ])owers  of  a city  officer  ; or  shall  hinder, 
obstruct,  resist,  or  otherwise  interfere  Avith  any  city  officer  in  the 
• discharge  of  his  official  duties  ; or  attem})t  to  prevent  any  such 


MULLANPIIY  lailGlIANT  RELIEF  FUND. 


4 m 

officer  from  iirrcstiim  any  person  ; or  attempt  to  rescue  from  such  iiescuinK  pi  ih- 

y t ^ ^ . . oner  from  oIlir,i-t 

officer  any  person  in  liis  custody,  sliall  be  deemed  guilty  of  a 
misdemeanor.  / 

ARTICLE  V T 1 1 [IX]. 

Penalties. 

Section  1.  Whoever  shall  be  convicted  of  any  misdemeanor,  Penalty  for  flrut 
under  any  provision  of  this  ordinance,  in  a case  where  no  special 
penalty  is  prescribed,  shall  forfeit  and  pay  to  this  city  a sum  not 
less  than  one  nor  more  than  one  hundred  dollars  for  the  first 
offense  ; for  the  second  offense,  of  a like  nature,  he  shall  forfeit  Second  offense, 
and  pay  not  less  than  double  the  minimum  penalty  aforesaid ; for  Third  offense, 
the  third  offense,  of  a like  nature,  not  less  than  treble  said  mini- 
mum; and  so  on,  increasing  the  minimum  three  dollars  upon  each  Further  offenses, 
additional  conviction. 

Sec.  2.  The  word  ‘‘misdemeanor,”  whenever  it  occurs  in  any  Term  “misde- 
ordinance,  shall  be  construed  to  mean  and  to  stand  in  lieu  of  “ a dared, 
violation  of  ordinance.” 

Approved,  September  3,  1864. 


(No.  5392.) 

MULLANPIIY  EMIGRANT  RELIEF  FUND. 

AN  ORDINANCE  PROVIDING  FOR  THE  ORGANIZATION  OF  THE  BOARD 
OF  COMMISSIONERS  OF  THE  MULLANPIIY  EMIGRANT  RELIEF  FUND. 


Board  of  commissioners,  estab- 

lislied I 1 

how  oIccUmI 1 

qualification  of  members  of....  1 

memb(*r,s  of.  not  to  become 

hissees,  ptmalty 2 

power  of,  to  expel  member 

absent 3 

to  report  vacancies  to  common 

council 3 

term  of  office  of  members  of  4 

mayor  to  b(‘  president  of. 5 

to  (ilect  officers 5 

duties  and  powers  of 0,  7 

books  of,  to  be  oiien  to  in- 
spection  9 

Bonds.,  officers  to  ^ive 


Mayor,  member  of  board  of 

commissioners ^ 1 

duty  of,  to  notify  commission- 
ers elecTed 4 

ex  oflicio  president  of  board  of 

commissioners 5 

Officers  to  tie  (;l(H*-ted  by  board  of 

commissioners 9 

to  ^ive  bond o 

Salary,  maximum,  of  secretary , 5 

Secretary,  how  elected 5 

maximum  of  salary  of 5 

duties  of 8 

office  hours  of. 9 

Treasurer,  how  elected 5 

\ ice-president,  how  elected 6 


5 


MULLANPIIY  EMGRANT  RELIEF  FUND. 


Board  of  com- 
luissiooers  es- 
tablisRed. 


Mow  coruposod. 


Lss.sees  of  prop- 
ei  ty  not  eligible. 


Seat  of  absent- 
ees may  be  va- 
cated. 


Term  of  office  of 
comm.ssioners  . 


Officers  of  board. 


Officers  to  give 
bond. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  St. 

Louis : 

SECTION  1.  There  is  hereby  constituted  and  established  a 
board  of  commissioners,  to  be  styled  the  “Board  of  Commis- 
sioners of  the  Mullanphy  Emigrant  Belief  Fund,”  which  shall  be 
composed  of  the  mayor  of  the  city  for  the  time  being,  and  ten 
members,  one  from  each  ward  of  the  city,  to  be  elected  by  the 
board  of  common  council,  and  who  shall  possess  the  same  quali- 
lications  as  members  of  the  council : Provided.,  that  no  member 
of  the  council  shall  at  the  same  time  be  a member  of  said  board 
of  commissioners.  But  no  person  shall  be  eligible  who  is  a 
lessee  of  any  of  the  lands  or  property  of  said  fund,  or  who  is 
in  any  wise  pecuniarily  interested  therein. 

Sec.  2.  Whenever  it  shall  come  to  the  knowledge  of  said 
board  that  any  member  thereof  has  become  lessee  of  any  such 
lands  or  property,  or  become  in  any  wise  pecuniarily  interested 
in  said  fund,  they  shall  declare  his  seat  vacated,  and  report  such 
vacancy  to  the  common  council,  who  shall  proceed  to  fill  the 
same. 

Sec.  8.  The  said  board  shall  have  power  to  expel  therefrom 
any  member  who  shall  be  absent  from  three  consecutive  monthly 
meetings  of  same,  Avhenever  a majority  of  the  members  elect 
shall  so  determine  by  vote  ; and,  after  such  expulsion,  shall  report 
to  the  common  council,  as  in  case  of  other  vacancies. 

Sec.  4.  Immediately  after  the  election  of  any  commissioner, 
the  mayor  shall  notify  the  person  elected;  and  the  person  so 
elected  shall  hold  his  office  for  live  years,  or,  if  the  vacancy  to 
fill  which  he  is  elected  Avas  produced  otherAvise  than  by  expira- 
tion of  the  term,  then  for  such  unex})ircd  term. 

Sec.  o.  The  mayor  shall  be,  ex  ofjicio,  president  of  the  board  ; 
and  the  board,  at  its  first  meeting,  or  as  soon  thereafter  as 
practicable,  shall  elect  a vice  president,  secretary  (whose  salary 
shall  not  exceed  fifteen  hundred  dollars  per  annum),  and 
treasurer,  or  such  officers  as  may  be  needful  for  the  transaction 
of  its  business.  The  board  shall  rtupiire  and  take  from  its  said 
officers  proper  and  sufficient  boinls,  of  not  less  than  tAventy-five 
thousand  dollars  each,  conditioned  for  the  lailhlid  disi'harge  ol 
their  duties,  and  for  the  safe-keeping  and  proper  expenditure  of 
all  moneys  and  property  that  may  come  into  their  hands. 


]\rULLANriIY  EMIGRANT  RETJEF  FUND. 


Sec.  ().  As  soon  as  said  board  sliall  l)c  fully  organized,  they  Powers oi  hoaia. 
shall  be  autborized  to  dcnnnid,  receive,  and  rccei})t  for  all  moneys, 
stocks,  bonds,  notes,  or  other  evidences  of  indebtedness,  and  all 
property,  of  every  description  wbatsoever,  to  which  the  city  of 
St.  Louis  may  now  or  shall  hereafter  be  entitled  to  demand  and 
receive  by  virtue  of  the  last  will  and  testament  of  the  late  Bryan 
Mullanphy,  deceased. 

Sec.  7.  As  soon  after  the  organization  of  said  board  of  com-  Board  to  preparf* 

^ _ plan  for  inanago- 

missioiiers  as  practicable,  they  shall  devise  and  prepare  a detailed  n^entof  proper- 
plan  for  the  disposition  and  management  of  all  the  property  of 
said  fund,,  and  for  the  investment  and  expenditure  of  the  pro- 
ceeds, profits,  and  increase  thereof;  said  plan  shall  state,  as 
specifically  as  possible,  the  mode  in  which  all  the  objects  of  the 
fund  shall  be  accomplished,  and  provide  necessary  rules  and 
regulations  for  the  government  and  direction  thereof ; nor  shall 
it  be  lawful  for  the  board  of  commissioners  to  expend  or  provide 
for  the  expenditure  of  any  of  the  moneys  lielonging  to  said  fund  ' 

until  such  plan  shall  have  been  submitted  to  and  approved  by  the 
board  of  common  council ; and  the  council  mav  amend,  alter,  or  coimcn  mny  ai- 
reject  such  plan,  if  it  be  deemed  necessary. 

Sec.  8.  The  secretaiy  shall  make  a detaile<l  statement  of  the  Duties  of  sccie- 
transactions  of  the  Mullanphy  emigrant  relief  fund,  and  submit 
it  to  the  board  of  commissioners  at  each  of  its  regular  monthly 
meetings,  including  the  amount  receive<l  and  disbursed,  who  to, 
and  what  for,  together  in  such  otlier  manner  as  may  l)e  directed 
by  the  board;  and  he  is  further  required  to  have  the  official  pro- 
ceedings of  the  board  puldisbed  in  the  newspapers  doing  the  city 
pi'inting.  He  is  also  re(tuired  to  submit,  after  first  receiving  the 
approval  of  the  l)oard  of  commissioners,  semi-annual  reports  to 
the  boai'd  of  common  council,  giving  detailed  statements  of  the 
operation  and  condition  of  tlie  fund.  U})on  any  failure  or  neglect 
of  said  secretary  to  comply  with  the  provisions  of  this  section, 
he  shall  be  immediately  dismissed  from  said  position. 

Sec.  t).  The  books  of  said  board  shall  be  subject  to  ins|)ection  nooks  lo  be  open 

1 • • e Cl  T • 11  1 1 f'  • 1 1 1111  irispeclion. 

oy  any  citizen  or  St.  Louis  ; and  the  clerk  of  said  board  shall 
keep  regnlar  office  hours  each  day  in  the  week  (except  Sunday), 
from  nine  to  eleven  o’clock  A.  M.,  and  from  two  to  four  P.  M. 

Approved,  August  2,  1861. 


NEW  LIMITS. 


r>'j2 


(No.  4860.) 

NEW  LIMITS. 


AN  ORDINANCE  REGULATING  PROCEEDINGS  OF  COMMITTEES  OF 
IMPROVEMENTS  FOR  THE  NEW  LIMITS. 


Auditor,  duty  of  concerning  rev- 
enue from  new  limits.. I 3 

Collectors,,  duty  of  concerning 

revenue  from  new  limits 2 

Engineer  (city),  to  ^ive  informa- 
tion to  new  limit  committees  8 

to  make  contracts  for  work  or- 
dei'ed  by  new  limit  eonimit- 

|;,(3(3S 3 

to  certify  bills  for  new  limit 

work." 9 

duties  of,  touching  new  limit 

work 9 

New  limit  committees^  how  con- 
stituted  4 

to  make  reports 4,  7 

proceedings  upon  report  of....  4 

powers  of,  on  dividing  lines 
between  wards 5 


New  limit  committees,,  when  to 

meet , \ 6 

to  record  proceedings 6 

powers  and  duties  of. 4 — 7 

to  give  information  to 8 

to  certify  bills  for  for  new 

limit  work 8 

New  limits,,  what  constitutes 1 

revenue  from,  to  be  kept  sep- 
arate  2 

what  revenue  to  be  set  apart 

tor  improvement  of. 3 

Old  limits,  revenue  from,  to  be 

kept  separate 2 

Revenue,  to  be  distinguished  as 
between  old  and  new  lim- 
its  2 

what,  set  apart  for  improve- 
ment of  new  limits 3 


Be  it  ordained  by  the  ('ornmon  Council  of  the  City  of  St. 

Louis , 

Kew  limits,  Section  1.  The  new  limits  of  tlie  city  of  St.  Louis,  within  the 
tuiHs.  meaning  of  an  act  of  the  general  assembly  of  the  State  of  Mis- 

souri, approved  January  sixth,  one  thousand  eight  hundred  and 
forty-seven,  are  hereby  declared  to  be  that  portion  of  said  city 
added  thereto  b}^  an  act  of  the  general  assembly  of  the  State  of 
Missouri,  passed  on  the  fifteenth  of  February,  in  the  year  one 
thousand  eight  hundred  and  forty-one,  entitled  “An  act  to  amend 
an  act  to  incorporate  the  city  of  St.  Louis.” 
ooiiBctorstodis-  Sec.  2.  It  shall  be  the  duty  of  the  collectors  of  the  revenue  of 
oacli  ward  in  the  city  to  keep  a liook,  in  which  they  and  each  of 
iifw  limits.  shall  insert  the  amount  of  revenue  by  them  collected  in  their 

respective  wards  tvithin  said  newv  limits,  so  as  to  distinguish  tho 
revenue  accruing  from  taxes  on  the  property  situated  Avithin  said 
netv  limits,  as  also  the  amount  of  revenue  derived  from  tax  on 
licenses  collected  Avithin  the  same  from  the  revenue  accruing  from 
taxes  and  licenses  in  the  old  limits  of  the  city,  as  they  existed 
before  the  passage  of  the  above  last-recited  act  of  one  thousand 
eight  hundred  and  forty-one. 


NEW  LIMITS. 


rm 


Sec.  3.  When  tlie  Avliole  city  revenue  of  each  year  shall  have  certain  revemio 
been  collected,  and  there  shall  have  been  paid  out  or  deducted  f'>r  improve- 
from  the  net  aggregate  amount  derived  from  taxes  and  licenses  ‘"ints. 
of  every  kind  all  expenses  of  the  city  hospital,  except  for  addi- 
tions and  enlargement  of  the  buildings  ; all  quarantine  or  extra 
expenses  (except  for  buildings)  that  may  have  been  incurred 
within  the  year  on  account  of  the  danger  or  prevalence  of 
epidemic  disease ; and  also  all  interest  that  may  accrue  upon 
money  borrowed  for  the  construction  of  public  sewers  within  the 
city,  which  have  or  may  be  constructed  at  the  expense  of  the  city; 
then  it  shall  be  the  duty  of  the  auditor,  and  he  is  hereby  required, 
to  set  apart  and  keep  one-half  of  the  remaining  revenue  derived 
from  taxes  and  licenses  as  aforesaid,  within  said  new  limits, 
separate  and  apart  from  the  other  revenue  of  the  city ; and  shall 
so  enter  the  same  on  the  books  of  his  office,  designating  the 
several  amounts  collected  in  the  respective  wards  ; which  shall  be 
set  apart  and  appropriated  to  the  making  and  grading  and 
improving  the  streets  within  the  said  new  limits,  and  outside  of 
the  said  old  limits,  in  each  of  the  several  wards,  in  proportion  to 
the  amount  of  such  revenue  derived  from  each  respectively. 

Sec.  4.  The  members  of  the  common  council  from  each  ward.  Board  of  im- 
for  the  time  being,  shall  constitute  a standing  committee  on  now  limits;  how 
improvements  for  the  new  limits  of  said  Avard,  and  shall  determ- 
ine upon  and  report  to  the  council  Avhat  streets  Avithin  the  ncAv  Duties  of. 
limits  they  recommend  the  inqirovement  of,  and  the  amount  to  be 
expended  in  said  improvement;  Avhich  report  shall  be  in  Avriting, 
signed  by  said  committee,  and  shall  he  published  daily,  for  at 
least  four  days,  in  tAvo  papers  publishing  the  proceedings  of  the 
council;  and,  if  the  council  then  concur  in  the  report,  they  shall 
pass  an  ordinance  providing  for  such  improvement,  as  in  other 
cases. 

Sec.  5.  Whenever  a street  shall  form  the  division  line  betAvecn  Proceedings 
that  part  of  any  two  Avards  Avithin  the  ncAv  limits,  the  council-  To*.  ins  dividing 
men  representing  such  adjoining  Avards  for  the  time  being  may  two  wards, 
act  jointly,  and  I’ccommend  that  an  ctpial  amount  shall  be 
ap[)ropriated  from  the  reserve  fund  of  each  ward  to  improve 
such  street. 

Sec.  6.  Said  committee  on  improvement  of  each  ward  shall  when  to  meet, 
meet  on  the  third  Tuesday  of  April  in  each  year,  at  three  o’clock 


504 


NEW  LIMITS. 


Powers  and  du- 
ties of  commit- 
tee. 


Engineer  to  as- 
sist committee. 


Manner  of  mak- 
ing contracts  for 
new  limit  work. 


p.  M.,  in  the  city  hall ; when  they  sliall  enter  in  a book,  prepared 
for  that  purpose,  their  proceedings,  exactly  and  minutely,  so  that 
said  book  shall  exhibit  a full,  true,  and  faithful  record  of  the 
proceedings  from  time  to  time. 

Sec.  7.  Each  committee  shall  have  the  power  to  adjourn  from 
time  to  time,  and,  at  their  meeting,  to  determine  on  wliat  streets 
and  other  public  improvements  within  the  new  limits  of  their 
respective  wards  the  proportion  of  revenue  reserved  and  set  apart 
for  the  use  thereof  shall  be  applied  and  expended,  and  the  amount 
that  shall  be  appropriated  to  every  such  improvement ; and  when 
they  shall  have  determined  on  any  improvement  within  the  ward, 
and  the  amount  to  be  expended  thereon,  it  shall  be  the  duty  of 
said  committee  to  make  to  the  council  a full  report  of  their 
proceedings  in  relation  thereto,  signed  by  them. 

Sec.  8.  It  shall  be  the  duty  of  the  city  engineer  to  give  such 
information  or  assistance  to  the  said  committees  in  their  respect- 
ive wards  as  may  be  required  of  him  for  the  purpose  of  carrying 
into  effect  the  objects  and  purposes  of  this  ordinance,  and  the  law 
of  the  general  assembly  of  the  State  of  Missouri  on  which  this 
ordinance  is  based  ; and,  whenever  any  improvement  is  determined 
on  as  provided  in  the  seventh  section  of  this  ordinance,  the  city 
engineer,  when  notified  of  the  act,  shall  cause  the  same  to  be  put 
under  contract,  under  the  direction  of  the  said  committee,  and 
superintend  the  making  and  completion  of  said  improvement  in 
pursuance  of  said  contract,  and  make  report  thereof  to  the  council, 
as  in  other  cases  of  city  improvements. 

Sec.  9.  In  making  said  contract  or  contracts 'the  city  engineer 
shall  be  governed  by  the  same  rules  as  are  observed  in  making 
other  contracts  for  city  work;  and  when  payment  is  claimed  under 
any  contract  so  entered  into  it  shall  be  his  duty  to  certify  that 
fact  to  said  committee,  stating  at  the  same  time  whether,  in  his 
opinion,  payment  should  be  made  or  not.  If  he  certifies  that 
said  payment  should  be  made,  then  the  committee  shall  make  a 
requisition  on  the  auditor  therefor,  who  shall  draw  his  warrant  on 
the  treasurer  for  the  amount  so  certified  to  be  due  by  the  city 
engineer  in  favor  of  sai<l  claimant,  when  the  same,  on  })resent- 
inent  to  the  treasurer,  shall  be  paid.  If  the  city  engineer  cei’ti- 
fies  that  said  ])ayment  should  not  be])aid,  he  shall  give  his  reasons 
tJierefor,  which  shall  be  acted  on  Avith  as  little  delay  as  possible  ; 


VAMKS  AND  PUBLIC  SliUAKES. 


5or, 


and  if  the  coniinittoo  decide  fliat  said  money  sljonid  1)e  paid,  tliev 
shall  cause  the  same  to  he  paid  as  hereinbefore  provided,  where 
the  city  engineer  certifies  in  favor  of  payment.  If  the  committee 
should  refuse  the  payment  of  the  amount  claimed,  all  the  })ro- 
ceedings  connected  therewith  shall  be  reported  to  the  council,  who 
shall  act  thereon  'without  unnecessary  delay. 

Approved,  May  31,  1861. 


(No.  5414.) 

PARKS  AND  PUBLIC  SQUARES. 

AN  ORDINANCE  RELATING  TO  PARKS  AND  PUBLIC  SQUARES. 


Appropriations  for  iiiiprovenioiit 
or  (’aiT  square,  how  ex- 

peiuU'd 'i  0 

Auditor  to  draw  warrant  on  re- 
(piisition  of  improvenieiit 
coumiittee  of  Carr  square. ...  9 

Board  of  improvement  ^ VVasliiuo-- 
tou  s(piare  and  Missouri 

park 3 

authority  of. 9 

of  Lafayette  park,  to  a’ppoiiit 

k(H“i)er 7 

of  Lafayette  pai-k,  to  make 

rules , 7 

Carr  srpiare 8 

iiuprovemeut  eomiuith'e  of 8 

imj)roveuieut  eounuittee,  au- 

thority  of 8 

police  t()  enforce  regulations 

of 8 

Committee  of  improvements  for 

s»iuai-es  and  parks 4 

how  elected 3,  4 

duties  of. 3,  4 

Common  eouncit,  to  el(!ct  hoard  of 

iiiiproveineuts 3,  5 

Engbieer  ((dty),  ineinher  of  board 
of  iuii)roveiuents  of  Lafay- 

ett(^  park 5 

to  assist  eoiuinittee  of  im- 
prov(‘iuents  of  Carr  scpianq  3 

Expenditures ^ how  paid 2 


Funds ^ sul)scri])ed  for  ])arks, 

how  ex[)eiided ^ 1 

Improvements,  board  of,  of  Wash- 
ington s(|uare  and  IMissouri 

park 

authority  of 

Improvements , of  Lafayette  park 

by  whom  to  he  su[)ervised 

Keeper  of  Lafayette  park,  who 


to  ap[)oint 7 

Lafayette  park,  l)oard  of  im- 

provenuMit  of 5 

Mayor,  to  subscribe  for  inipi'ove- 

UKMit  i)f  ])arks  and  scpiares,  1 
menil)er  of  hoard  of  improve- 
ments  3 

memhei'  of  hoard  of  improve- 
ments of  Lafayette  pai-k 5 

pr(*sid(‘nt  of  hoard  of  impi’ove- 

immts 5 

Missouri  park 3 

Babiic  s(puires  and  parks,  how  im- 
proved  1 

Police,  to  enforce  reo-nlations  of 

(’arrs([uare 8 

Report,  hoard  of  imi)rov(‘ments 

to  make,  of  expenditures....2,  G 
Rales  and.  reyulations  of  Lafay- 
ette i)ark,  how  made 7 

Carr  s(iuar<>,  i)olice  to  enfoi-ce  8 
Snbscriptiuns  for  improveimmt  of 


Washbujton  sipiare 3 


c:  c;  ic 


506 


Mayor  to  su'i- 
scribc  an  equal 
amount  as 
raised  by  citi- 
zens for  im- 
provement of 
parks. 


flow  funds  shall 
be  expended. 


Report  of  ex- 
penditures to  be 
made. 


Board  of  im- 
provements, 
Imw  elected. 


Buties  of  board. 


Committees  of 
improvements, 
how  elected. 


Lafayette  park. 


PARKS  AND  PUBLIC  SQUARES. 

Be  it  ordained  by  the  Common  Coiiiicit  of  the  City  of  St. 

Louis . 

Section  1.  Whenever  and  as  often  as  the  proprietors  of  the 
property  fronting  upon  or  lying  adjacent  to  any  public  square  or 
park,  belonging  to  or  under  the  control  of  and  in  the  city  of  St. 
Louis,  shall  raise  by  private  subscription  any  sum  to  be  paid  in 
one  or  a series  of  years,  and  to  be  expended  in  the  ornamenting 
and  permanent  improvement  of  such  square  or  park,  the  mayor  of 
the  city  of  St.  Louis  shall  thereupon  subscribe  for  and  in  behalf 
of  said  city  an  amount  equal  to  the  aggregate  of  the  sum  thus 
raised,  which  amount  shall  be  paid  within  one  year  from  the  time 
of  subscription  : Provided^  the  sum  thus  to  be  paid  by  the  city 
for  any  one  square  or  park  shall  not  exceed  in  any  one  year  the 
sum  of  three  thousand  dollars  ; and  protdded  further.^  that  the 
entire  fund  thus  raised  by  said  proprietors  and  the  city  be 
expended  under  direction  of  the  council,  or  by  persons  nominated 
and  elected  by  it. 

Sec.  2.  A full  report  of  all  such  expendiburcs  shall  be 
annually  made  to  the  council  by  the  persons  appointed  to  make 
the  same,  which  shall  be  paid  out  of  appropriations  for  public 
parks  and  squares. 

Sec.  3.  At  the  first  called  or  stated  session  of  the  council  of 
each  year  there  shall  be  elected,  by  the  board  of  common  council, 
a committee  of  four  persons,  to  be  entitled  “The  Washington 
Sipiare  and  Missouri  Park  Board  of  Improvements,”  two  of  whom 
shall  be  members  of  the  council,  and  the  remaining  two  shall  be 
selected  from  persons  living  in  the  vicinity  of  said  public  grounds  ; 
who,  in  conjunction  with  the  mayor,  shall  be  chaTged  Avith  the 
duty  of  carrying  out  the  provisions  of  this  ordinance,  so  far  as 
relates  to  the  public  grounds  named  in  this  section. 

Sec.  4.  A committee  of  improvement  for  any  other  of  the 
public  squares  or  parks  may  be  elected  in  like  manner,  and 
charged  Avith  the  duties,  Avhenever  the  ])ro})rietors  of  projierty 
fronting  or  adjacent  to  any  such  public  grounds  shall  raise  by 
subscription  any  sufiicient  sum  of  money,  as  jirovided  for  in  the 
first  section  of  this  ordinance. 

Sec.  5.  The  public  sipiare  lying  lictAveen  iNIississijipi,  Missouri, 
Lafayette,  and  Park  avenues,  shall  be  hereaJ*t('r  knoAvii  ;iml 
designated  as  “ Lafayette  Park.”  The  board  of  improvement 


PAllKS  AND  PUBLIC  SQUARES. 


r>oT 


constituted  for  tlie  purpose  of  nianaging  tlie  inclosing  and  Hoard  or  im- 
planting of  said  srpiare  shall  consist  of  five  jrersons,  of  whom  liow  VomHoAd. 
the  mayor  and  city  engineer  shall  at  all  times  he,  cx  ojjlcio^  two 
members  thereof ; the  other  three  to  be  elected  by  the  council 
from  among  the  citizens  residing  and  owning  property  in  the 
vicinity  of  said  scpiare,  every  two  years,  to  hold  office  until  their 
successors  be  duly  elected.  The  mayor  shall  be  president  of 
said  board. 

Sec.  6.  Said  board  of  improvement  shall  have  authority,  sub-  Authority  or 

^ . ...  board. 

ject  to  the  approval  of  the  council,  to  adopt  plans  of  inclosing 
and  improving  said  square,  and  at  all  times  to  superintend  the 
improvements  thereon,  and  make  the  necessary  disbursements  ; 
and  shall  make  detailed  report  of  the  same  to  the  council  at  the 
commencement  of  each  stated  session  of  the  same. 

Sec.  7.  Said  board  may  contract  Avith  a person  suitably  Keeper  or  square 
qualified  to  serve  as  keeper  of  sipiare,  upon  such  terms,  and 
granting  him  such  privileges  and  immunities  to  compensate  him 
for  his  services,  as  shall  not  conflict  with  the  public  interests  ; 
and,  further,  to  prescribe  such  rules  and  regulations  as  are 
necessary  for  the  government  of  said  S([uare ; Provided that 
the  authority  granted  in  this  section  shall  at  all  times  be  subject 
to  the  approval  of  the  council. 

Sec.  8.  Carr  s(piare  is  hereby  placed  under  the  management  can- square, 
and  control  of  an  improvement  committee,  comprising  the  mem- 
bers of  the  common  council  representing  the  Avard,  and  tAvo 
citizens  of  the  Avard  Avithin  Avhich  said  s(piare  is  or  may  be 
situated.  The  committee  shall  have  full  charge  of  said  s(iuare,  Tniprovomont 

~ i ^ coiunntteo,  liyvv 

and  shall  make  such  improvements  thereon,  from  time  to  time,  compostMi. 
as  it  shall  deem  proper;  and  the  city  engineer  shall  i-ender  said 
committee  such  assistance  as  shall  be  re(tuired  of  him  ; and  the 
police  shall  see  that  the  regulations  made  by  said  committee  for 
the  government  of  said  square  are  duly  observed. 

Sec.  tb  All  bahinces  ol‘  a])propriations  heretofore  made  for  the  Expoiuiitures, 

. «.  • 1 111  • • 1 1 
improvement  or  said  S({uare,  and  all  a})pro})riations  that  may  l)e 

hereafter  made  for  the  same  purpose,  shall  be  ex})ended  under 

the  direction  of  said  committee;  and  the  auditor  is  hereby 

instructed  to  draw  Avarrants  upon  the  treasurer,  in  payment  of 

the  recpiisitions  of  said  committee,  for  the  ])Uiq)oses  above 

specified,  to  the  extent  of  the  fund  Avith  Avhich  said  scpiare 


6U8 


POLICE  COURT. 


AppoiTif meiit  o 

iiiiproveiiiput 

committee. 


sliall  stand  credited  upon  his  books  ; and  each  requisition  shall 
state  the  amount  and  specific  object  thereof,  and  the  name  of 
the  party  to  whom  the  sum  is  to  be  paid, 
f Sec.  10.  The  two  citizens  heretofore  mentioned  shall  be 
appointed  by  the  common  council,  and  shall  act  as  members 
of  said  committee  for  two  years,  and  until  their  successors 
are  elected  by  the  common  council. 

Approved,  August  23,  1864. 


( No.  5458.  ) 

POLICE  COURT.  ' 

AN  OEDINANCE  CONCERNING  THE  POLICE  COURT,  AND  REGULATING 
THE  PROCEEDINGS  THEREIN. 


Affidavits^  concerning  police 


court,  wlio  to  make I,  ^ 39 

Alphabetical  index,  liow  to  be 
kept [,  52 


Appeal,  tine  and  costs  may  be 
deposited  until  perfected....!,  411 
from  recorder,  how  taken, 

I,  40,  41,  45 

city  attornej^  may  take,  when 

Ajypeal  docket,  how  kept I,  42 

A ttachments  for  witnesses, 

wlien  to  issue 1,  15 

Attorney  (city),  notices  and  pro- 
cesses to  be  serv(‘d  on I,  37 

person  to  be  aiipointcd  to 

prosecute  for,  when 1,  38 

to  make  atlidavits  in  suits  be- 
fore recorder 1,  39 

may  appeal  from  recordci’, 

when 1,  41 

to  tile  statement  against  i)ai-- 

ties  sued 1.  10 

Attorneys,  roll  of,  how  kept 1,  52 

may  be  stricken  from  roll, 

when 1,  52 

Auditor,  to  draw  warrant  in  fa- 
vor of  otliciating  recorder...!,  1 
to  allow  mai'shal  for  witness- 
es’ fees  paid 1,  33 

to  audit  accounts  for  costs, 

when I,  49 

clerk  of  ])oli(a)  court  to  make 
certain  report  to 1,  51 


Bail,  how  given  for  parties  ar- 
rested   1,  I 8 

Bail  bonds,  who  may  approve...!,  8 

how  conditioned I,  8 

how  tiled I,  8 

when  to  be  forfeited 1,  9 

forfeifure  of  when  to  be  set 

aside  I,  9 

Bond  of  clerk  of  police  court I,  4 

of  contractor  conveying  pris- 
oners to  workhouse 11,  3 

Books  of  police  court,  who  cus- 
todian of. I.  52 

Calaboose-keeper , to  deliver  pris- 
oners to  marshal I,  18 

Captains  of  police,  may  ajiprove 

bail  bonds I,  8 

Cases  in  police  court,  in  what 

onlcr  to  be  tried 1,  3 

Chief  of  police,  to  rciiort  arrest- 
ed persons,  how 1,  G 

may  apiirove  ball  bonds I,  8 

Clerk  of  police  court,  otlice  of  es- 
tablished   I,  4 

bond  of. I,  4 

powers  and  duties  of,  I,  I. 

4,  5,  G,  33,  42,  49,  51,  52,  53 
fee  of  for  transcripts  in  ajuieal 

cases I,  42 

Common  couiicil , clerk  of  poli<*c 

coui’t  to  rc'jiort  to 1 , 51 

Comptroller ,\o  advertise  for  pro- 
posals to  con\'(‘y  prisoners 
to  workhouse II,  1 


1>01JCE  COIJJIT. 


Comptroller  to  open  ])i*opos;vls 

and  awaril  contract 11,  ^ 2 

Contempt  of  court,  liovv  rccoi-(ler 

may  punish  for I,  4S 

Contimuinces,  provisions  con- 
cerning   I,  34 

applications  for,  when  to  be  - 

made 1,  35 

Contract  for  conveying  l)risoners 
to  workhouse,  how  made, 

II,  1—3 

Conveying  prisoners  t o w o r k - 

house,  provisions  for II. 

Costs,  what,  to  be  taxed I,  2G 

l)arty  convicted  to  pay I,  20 

recoi-der  may  dismiss  on  pay- 
ment of,  when 1,  27,  28 

city  attoi-ney  may  require  se- 
curity for,  when I,  47 

by  whom  to  be  taxed 1,  51 

Coimcilmen , when  to  otiiciate  as 

recorder I,  1 

Depositions,  provisions  concern - 

I,  30 

Deputy  marshals,  may  approve 

bail  bonds I,  8 

Docket  of  police  court,  how  kept,  I,  5 

in  whose  custody  to  be I,  52 

of  state  cases,  how  kept.. I,  53 

Execution,  when  to  be  issued...!,  43 

form  of. I,  43 

when  not  paid,  pro(;eedings...I,  44 

who  to  make  out 1,  51 

howto  be  returned II,  44 

Execution  blotter,  how  to  be 

kei)t I,  52 

Execution  book,  how  to  be  kept..I,  52 

Fee  bills,  who  to  make  out I,  51 

Forfeiture  of  bail  bond,  how  to 

be  set  aside I,  0 

Informer,  when  to  pay  costs I.  29 

may  withdraw  char<»’e,  when..!,  30 
Joint  trials,  provisions  concern- 
ing,^  I,  11,  23 

Judgment,  recorder  to  note  on 

docked, I,  5 

by  default,  when  to  be  rem- 

dered I,  10 

by  default,  how  to  be  set 

aside I,  10 

Juries,  of  what  nnmlx'r  to  con- 
sist  I,  19 

how  summoned  in  certain 

cases 1 , 21 

Jurisdiction  of  police  court 1,  2 

Jurors,  how  sworn I,  22 

Jury  trials,  when  to  be  tak(*n 

'•!> E 20 

Justices  of  the  peace,  when  to  ot- 

licaate  as  recorder 1,  1 

Marshal  (city),  may  approve 

bail  bond’s I,  8 

to  Sla  ve  summons I,  14 

to  brin^  i)risoners  into  court  I,  18 


Marshal  (city),  to  pay  witness(*s’ 

fees,  whim 1,  ^ 33 

to  deliver  prisoma-s  lor  con- 
veyance to  workhouse...!,  44; 

II,  4 

liow  to  be  o-overned  in  «ertain 

cases I,  50 

Mayor,  to  designate  justice  or 
councilman  to  hold  police 

court I,  1 

to  a]>prove  bond  of  clerk  of 

police  court I,  4 

may  approve  bail  bonds I,  8 

to  open  pro})Osals  and  award 

contract,  when II,  2 

Motions,  when  to  be  made  t(^  I'e- 

corder I,  35 

Notices,  what,  to  be  served  on 

city  attorney I,  37  , 

Oaths,  clerk  of  iK)lice  court  may 

administer I,  51 

Officers,  to  attend  police  court  as 

witnesses - I,  31 

Papers,  of  suits  in  police  court, 

who  to  preserve 1,  52 

Parties,  in  what  order  to  be 

tried I,  7 

arrested,  no  summons  or  war- 
rant to  issue  a»-ainst I,  17 

Penalty,  jury  to  assess,  when... I,  25 

Pleas,  wiien  to  be  marie — I,  35 

Police  court,  jn’or  isions  concern- 
ing-  I. 

established I,  1 

who  to  hold I,  1 

jurisdiction  of 1,  2 

sessions  of  i-<'0'idated I,  3 

Prisoners,  how  to  be  brought 

into  court 1,  18 

calaboos('-ke(q)ei-  to  deliver  to 

marshal I,  18 

provisions  to  convey  to  work- 

hous(‘ II. 

to  b(i  delivei-ed  to  superintiMid- 

(Mit  of  workhouse II,  4 

Process,  on  whom  to  lx;  sei'ved  I,  37 
how  to  be  issu(‘d  and  siojned  I,  51 
Proposals  to  convey  prisoners  to 

workhous(‘ II,  2 

Recorder,  to  hold  police  court....  I,  1 

may  a[)pi-ove  bail  bonds I,  8 

how  to  b(“  ‘j^overmxl  in  certain 

cases I,  50 

to  oi)en  j)i-oposals  and  award 
contracts  to  conv(\y  prison- 
ers to  workhouse 11,  2 

Records  of  police  co4irt,  who  to 

certity I,  51 

who  to  have;  custody  of I,  52 

P>alary  of  officiating  recorder,  who 

to  certify  and'  pay I,  1 

Security  for  costs,  who  may  de- 
mand  1,  47 


POLICE  COURT. 


r)l() 


Separate  trials^  provisions  con- 
cerning  I.  ^11,  23 

Sessiotis  of  police  cowrit  rct^nlattHl  1,  3 
Statement  of  city  attorney^  foi’in 

of. ■ r,  10,  11 

defect  in,  not  to  abate  suit [,  12 

when  insntlicient,  how  pro- 
ceeded on T,  13 

l)arty  arrested  may  require  of 

city  attorney I,  17 

Subpoinas^  who  may  issue I,  15 

Suits,  liow  brought  in  police 
court I,  10 


Summary  process,  recorder  may 

issue,  for  witnesses I,  g 15 

Summo7is ,f\\\OA\  to  be  issued....!,  14 

when  not  to  be  issued 1,  17 

how  served 14 

Sujm'uitendent  of  workhouse,  to 

receipt  for  pri.soners II,  4 

Venire  for  iury,  how  served  in 

certain  cases I,  21 

Verdict  o\‘  }\\Yy , form  of. I,  24 

TFa;7'a«f.§,  when  not  to  issue....!,  17 
Wittiesses''  fees,  pi-ovisions  con- 
cerning  I,  32,  33 


Be  it  ordained  by  the  Common  Council  of  the  City  of  St. 
Louis : 

A R T I C L E I . 


Police  Court. 


Police  court  es- 
tablished. 


By  whom  to  be 
held. 


Person  ofllciat- 
ing  to  have  all 
pi'wers  of  re- 
corder. 


(.’onipensation 
of  olHciating  re- 
coider. 


How  paid. 


(berk  to  certify 
amount  due  to. 


J uribdiction. 


Sessions  of 
court  regulated. 


Section  1.  That  there  shall  be  and  is  hereby  established  a 
court  in  the  city  of  St.  Louis,  to  be  called  the  “Police  Court,” 
which  shall  be  held  by  the  recorder ; or,  in  case  of  his  absence 
from  the  city,  or  his  sickness,  by  any  justice  of  the  peace  for  St. 
Louis  township,  or  councilman  of  the  city,  to  be  designated  by 
the  mayor,  and  who  shall,  for  the  time  being,  possess  all  the 
poAvers  and  perform  all  the  duties  Avhicli  are  enjoined  upon  the 
recorder  by  law  or  ordinance  ; and  the  acts  of  said  justice  or 
councilman  officiating  for  the  recorder  shall  have  the  same  legal 
sanction  and  force  as  though  performed  by  the  recorder  in  person  ; 
and  for  the  service  rendered  by  the  pei'son  officiating  for  the 
recorder  he  shall  be  alloAved  the  same  salary,  pro  rata,  as  the 
recorder  Avould  be  entitled  to.  In  case  the  recorder  should  be 
absent,  from  sickness,  the  salary  of  the  person  officiating  in  his 
stead  shall  be  made  chargeable  to  appropriations  for  salaries  ; 
otherwise,  it  shall  be  deducted  from  the  salary  of  the  recorder ; 
and  it  is  hereby  made  the  duty  of  the  clerk  of  the  police  court 
to  certify  to  the  auditor  the  length  of  time  any  person  officiating 
as  aforesai<l  shall  have  served,  whereupon  the  auditor  shall  issue 
his  warrant  accordingly,  chargeable  as  aforesaid. 

Sec.  2.  The  said  court  shall  have  jurisdiction  of  all  suits  for 
the  recovery  of  any  line,  forfeiture,  or  penalty  imposed  for  the 
violation  or  breach  of  any  ordinance;  which  suits,  and  the  })ro- 
ceedings  therein,  .shall  be  in  the  nature  of  a civil  action. 

Sec.  8.  There  shall  be  a daily  session  of  the  })olice  court 
(Sundays,  Uhristmas,  New -Year,  Thanksgiving  Day,  and  the 


POLICE  COURT. 


mi 


Fourth  of  July,  excepted),  coiuiiieuciTig  at  the  hours  of  eight 
o’clock  in  the  morning,  between  the  first  day  of  May  and  the 
first  day  of  October,  and  at  nine  o’clock  in  the  morning  during 
the  remainder  of  the  year;  and  all  the  cases  set  for  each  day 
shall  be  tried  on  such  day,'  provided  there  be  sufficient  time 
between  the  hour  set  for  the  meeting  of  the  court  and  sundown 
of  the  same  day,  except  such  cases  as  may  be  continued,  as 
hereinafter  provided. 

Sec.  4.  There  shall  be  appointed  a clerk  of  the  police  court,  of  police 
who  shall  take  the  oath  required  of  city  officers,  and  give  bond 
to  the  city  in  the  sum  of  one  thousand  dollars,  with  one  or 
more  securities,  to  be  approved  by  the  mayor,  conditioned  for 
the  faithful  performance  of  the  duties  required  of  him,  and  the 
paying  over  to  the  city,  or  to  any  person  or  persons  entitled 
thereto,  all  the  moneys  that  shall  come  into  his  hands. 

Sec.  5.  It  shall  be  the  duty  of  the  clerk  of  the  police  court  i>uties  of  cierk. 
to  produce,  each  day,  at  the  opening  of  the  court,  a docket,  in 
which  shall  be  entered  all  suits  set  for  trial  on  that  day,  and  the 
offenses  for  which  the  suits  have  beeti  instituted ; and  the  recorder 
shall  note  upon  said  docket  the  judgment  or  other  action  in  each 
suit,  so  soon  as  the  same  is  had. 

Sec.  6.  It  shall  be  the  duty  of  the  chief  of  .police  to  furnish  I’uty  of  chief  of 
to  the  clerk  of  the  police  court,  each  morning,  at  least  half  an 
hour  before  the  time  of  opening  said  court,  the  names  of  all 
persons  arrested  during  the  last  tAV'enty-four  hours,  Avith  a state- 
ment  of  the  offenses  with  which  they  are  charged,  the  names  of  the 
officers  Avho  made  the  arrests,  the  names  and  residences  of  Avit- 


nesses,  together  Avith  such  other  information  as  may  be  requisite. 

Sec.  7.  Persons  in  custody  shall  be  tried  first,  if  ready  for 
trial ; all  other  persons  shall  be  tried  in  the  order  in  Avdiich  their 
names  appear  upon  the  docket. 

Sec.  8.  Any  person  arrested  for  a violation  of  ordinance  ortic.'i> 

, , may  take  bail. 

may  be  admitted  to  bail  by  executing  a bond  to  the  city,  Avith 
sufficient  security,  to  be  approved  by  the  mayor,  recorder, 
marshal,  or  deputies,  chief  of  police,  or  captain,  or  other  person 
in  charge  of  any  station-house,  in  double  the  amount  of  the 
highest  penalty  provided  by  ordinance  for  the  violation  alleged, 
conditioned  that  said  person  Avill  appear  upon  a day  therein 
named,  before  the  police  court,  to  aAvait  his  trial  of  the  charge 
against  him  ; and  all  bonds  taken  as  above  shall  be  forthwith 


512 


POLICE  COURT. 


filed  Avitli  tlie  clerk  or  the  police  court  by  the  officer  approving 
and  taking  such  bond. 


When  bail  bond  Sec.  9.  If  the  defendant  fail  to  appear,  according  to  the 

may  be  fort'eit- 

condition  of  his  bond,  or,  having  appeareil,  shall  leave  the  court 
without  awaiting  his  trial,  the  recorder  may  forfeit  his  recog- 
nizance and  render  judgment  against  defendant  and  securities 
for  the  amount  of  the  penalty  on  said  bond  mentioned,  to  be 

How  forfeiture  collectcd  as  Other  judgments  of  the  recorder ; but  the  forfeiture 

may  be  set  aside.  ^ ’ 

of  such  recognizance  may  at  any  time  be  set  aside  by  the 
recorder  on  the  defendant  appearing  or  being  brought  into 
court,  within  ten  days  after  such  forfeiture,  and  showing  good 
cause  for  the  same,  and  paying  all  costs  having  accrued,  if  the 
recorder  so  require. 

Manner  of  bring*  Sec.  10.  All  suits  in  the  police  court  (except  such  as  are 
brought  by  the  report  of  the  chief  of  police,  according  to  pro- 
visions of  section  sixth ) shall  be  in  the  manner  and  form 
following.  There  shall  be  tiled  with  the  clerk  of  the  police 
court  a statement,  signed  by  the  city  attorney,  or  person  acting 
in  his  stead,  which  statement  shall  be  in  form  substantially  as 

Form  of  city  at- follows  : “ Citv  of  St.  Louis, A.  D.  18 — . A.  B.  to  the 

torney’s  state-  ^ . 

™ent.  city  of  St.  Louis,  debtor,  to dollars,  for  a violation  of  an 

ordinance  of  the  city  of  St.  Louis,  entitled  an  ordinance  (here 

insert  the  title  of  ordinance),  approved  the  day  of , 

A.  D.  18 — , in  this,  to-wit:  the  said  A.  B.,  in  the  city  of  St. 

Louis,  between  the  day  of  , A.  T).  18 — , and  the 

day  of  , A.  I).  18 — , did  (here  insert  particulars). 

, city  attorney  of  the  city  of  St.  Louis. 


.statement  may  ^EC.  11.  Tlic  Said  Statement  may  include  several  persons 
per.soifs. charged  with  the  same  ofiense,  who  may  l)e  tried  jointly,  at  their 
discretion,  and,  on  conviction,  pay,  jointly,  fines  and  costs  ; but. 
Fine  to  bo  paid  if  they  elect  to  be  tried  separately,  they  shall,  on  conviction,  pay 
each,  separately,  a fine  and  costs. 

Suit  not  to  be  Sec.  12.  No  suit  sluill  1)0  dismissod  for  any  formal  defects  in 

dismissed  for  in-  e i • -e  • i ' • n e i i 

formality.  tlio  Statement  or  tlie  city  attorney,  ir  it  substiintially  set  forth  the 
nature  of  the  violation  alleged. 


Party,  against 
wliorn  suit  is 
dismissed,  may 
be  kept  in  cus- 
tody. 


Sec.  18.  Wlien  any  statement  filed  by  the  city  attorney  shall 
be  adjudged  insufficient,  and  tlie  suit  thereiqion  dismissed,  the 
defendant,  if  arrested  umler  a warrant,  may,  at  the  discrt'tion  of 
the  recorder,  be  detained  in  custody  until  a new  statement  and 


POLICE  COURT. 


513 


aflKlavit  be  filed,  and  a new  warrant  be  issued  against  1dm : 

Provided^  tliat  sneli  detention  docs  not  exceed  tAvo  lionrs. 

Sec.  14.  Upon  a statement  being  tiled,  as  provided  in  section  summons  to  be 
ten,  the  recorder,  or  a person  acting  in  Ids  stead,  shall  issue  a meno^ 
summons  thereon,  returnable  fortlnvith,  Avhich  shall  be  delivered 
to  the  city  marshal,  who  shall  forthwith  proceed  to  execute  the  Manner  of  serv- 
same,  either  by  reading  it  to  the  defendant,  or  by  delivering  him  menr 
a copy  thereof,  or  by  leaving  a copy  of  it  at  his  usual  place 
of  abode,  Avith  a free  Avhite  person  of  the  family  over  the  age  of 
fifteen  years  ; and  if  the  person  against  Avhom  the  summons  shall 
be  issued  shall  refuse  to  hear  the  same  read,  or  to  receive  a copy 
thereof,  the  officer  serving  the  same  shall  forth Avitli  arrest  him, 
and  he  shall  be  proceeded  against  as  if  said  summons  had  been 
duly  served. 


Sec.  15.  Upon  the  return  of  the  summons  by  the  marshal,  the  causes  to  be 
recorder  or  person  acting  in  his  stead  shall  be  fully  possessed  of  summai- 
the  cause,  and  shall  proceed  to  hear  and  determine  the  same  in  a 
summary  Avay ; and  to  that  end  shall  issue  subpoena  for  Avitnesses,  Process  for  wit- 

, , , , , „ nesses  may  is- 

and  attachments,  and  other  summary  processes,  it  necessary,  to  sue. 
compel  their  attendance. 

Sec.  Id.  When  a defendant,  duly  summoned,  fails  to  appear  Defendants  faii- 
at  the  time  the  suit  is  set  for  trial,  the  recorder  shall  proceed  to  maybe  toea'by 
hear  and  examine  the  testimony  offered  on  the  part  of  the  city, 
and  shall  render  judgment  by  default  against  the  defendant  for 
such  amount  under  the  ordinance  as  he  may  deem  justice  to 
recpiire  ; but  such  judgment  by  default  may  be  set  aside  by  the  judgment  by do- 

1 , ' . , ....  , 01  T fault  may  be  set 

recorder,  and  a iieAV  trial  granted  Avithin  ten  days  or  the  rendi-  aside. 

tion  : Provided^  that  the  defendant  shall,  Avithin  said  ten  days, 

make  application  and  sIioav  good  cause  for  said  setting  aside,  and  Terms  of  setting 

° 0 7 aside  judgment. 

shall  pay  all  the  costs  Avdiich  have  accrued,  unless  he  shoAV  that  he 
Avas  ])revented  by  unavoidable  circumstances  from  attending  at 
the  trial,  in  Avhich  case  he  shall  not  lie  retpiired  to  pay  the  costs. 

Sec.  17.  No  summons  or  Avarrant  shall  be  issued  against  any  No  summons  to 

^ , , issue  against 

person  hiAviully  arrested  by  any  officer  or  member  of  the  city  persons  arrest- 
police,  but  in  every  such  case  a trial  shall  be  had  upon  the 
Avritten  report  of  the  chieP  of  police;  but  the  party  so  arrested  Parties  arrested 

may  retpiire  of  the  city  attorney  to  file  a Avritten  statement  w\Ttten^"s!ate- 

setting  foidh  the  nature  of  the  offense  Avith  Avliich  he  is  charged, 
jind  the  ordinance  under  Avhich  the  charge  is  brought,  and  for 


33 


514 


POLICE  COURT. 


this  purpose  tlie  recorder  shall  allow  a reasonable  time,  not  tc 
exceed  twenty- four  hours. 

Parties  arrested  Sec'.  is.  At  the  opening  of  the  police  court  each  day  the  city 

to cITu^uoi” trial,  marshal  shall  bring  before  the  court,  for  trial,  all  persons  avIio 
may  be  in  custody  for  violation  of  ordinances  ; and  the  calaboose 
keeper  shall,  for  this  purpose,  deliver  to  the  marshal  all  the 
prisoners  in  his  keeping:  Provided ^ that  no  party  whose  case 
has  been  continued  to  a later  day  shall  be  required  to  be  so 
brought  before  the  court. 


Number  of  ju- 
rors in  police 
court. 


When  venire  to 
issue  for  jury. 


Proceedings 
when  marshal  is 
of  kin  to  party^ 
or  prejudiced. 


Sec.  id.  A jury  before  the  police  court  shall  consist  of  six 
persons,  unless  the  parties  agree  to  a less  numljer,  or  unless  the 
State  hm  retpiires  a jury  of  twelve. 

Sec.  21).  Upon  a jury  being  demanded,  the  recorder  shall  issue 
his  venire,  returnable  at  the  time  the  case  may  be  set  for  trial  ; 
and,  if  forthwith,  the  suit  shall  be  put  at  the  foot  of  the  day’s 
docket,  and  the  recorder  shall  immediately  procee:!  to  try  the 
next  suit  in  order. 

Sec.  21.  When  the  city  marshal  is  of  kin  to  the  prosecutor 
or  defendant  in  any  suit,  and  the  defendant  shall  file  an  affidavit 
that  the  marshal  is  so  prejudiced  against  him  that  justice  may 
not  be  done  in  the  selection  of  a jury,  the  recorder  shall  issue  his 
venire  to  some  disinterested  person,  avIio,  liefore  executing  the 
same,  shall  be  sworn  faithfully  and  impartially  to  execute  it ; 
and  who  shall,  for  its  execution,  receive  the  same  compensation 
as  is  allowmd  to  constables  for  the  same  service  in  justices’ 
courts. 


Oath  of  jurors. 


Parties  joined 
may  be  tried 
separately. 


Form  of  verdict 
of  jury. 


Sec.  22.  Jurors  shall  lie  SAvorn  or  affirmed  to  Avell  and  truly 
try  the  matter  in  issue,  and  a true  verdict  render,  according  to 
the  laAV  and  the  evidence. 

Sec.  22).  Persons  jointly  charged  shall  have  a sejiarate  trial, 
if  they  demand  it  Itefore  tlie  trial  be  gone  into  or  before  tlu' 
jury  be  impanneled. 

Sec.  24.  The  verdict  of  the  jury  shall  be  in  eitlier  of  tlie  foL 
lowdng  forms,  as  near  as  may  lie:  “We,  the  jury,  find  the 
defendant  to  be  not  guilty,  as  against  him  alleged;”  or,  We, 
the  jury,  find  the  defendant  to  be  guilty,  as  against  him  alleged, 

and  do  assess  that  he  pay  a fine  of  dollars.”  ddie  verdict, 

in  either  case,  to  be  signed  by  one  of  the  jurors,  acting  as 


foreman. 


POLICE  COUPT. 


Sec.  25.  If-'  tlic  juiy  find  the  (lofi'eiidant  guilty  they  sliall 
assess  the  penalty  within  the  limits  jirescribed  by  ordinance, 
where  the  same  is  not  specially  fixed  by  ordinance  at  a 
given  sum. 

Sec.  26.  In  every  suit  for  violation  of  city  ordinance,  before 
the  recorder,  where  the  defendant  shall  be  convicted,  the  follow- 
ing costs  shall  accrue,  and  shall  be  collected  from  defendant,  in 
like  manner  with  the  penalty  imposed,  to-wit : A recorder’s  fee 
of  seventy-five  cents,  a clerk’s  fee  of  fifty  cents,  a city  attorney’s 
fee  of  one  dollar,  a marshal’s  fee  of  seventy-five  cents,  and  a 
fee  of  fifty  cents  for  every  witness  claiming  it — to  be  paid  into 
the  city  treasury. 

Sec.  27.  Whenever  a defendant  is  proven  guilty  of  a violation 
of  ordinance,  which  violation  is,  in  the  judgment  of  the  recorder, 
of  a trivial  nature,  he  may,  at  his  discretion,  dismiss  defendant 
at  payment  of  costs. 

Sec.  28.  Whenever  a defendant  shall  be  brought  before  the 
police  court  by  summons,  and  it  shall  be  shown  to  the 
recorder  that,  since  the  filing  of  the  complaint,  the  cause  of 
complaint  has  been  abated,  the  recorder  may  dismiss  defendant 
on  payment  of  costs. 

Sec.  29.  When  a defendant  is  accpiitted,  the  informant  or 
prosecutor  may  l)e  adjudged  to  pay  the  costs,  if  it  appear  to  the 
recorder  that  the  prosecution  was  intended  vexatiously,  or  without 
probable  cause ; and  in  case  an  informant,  prosecutor,  or  person 
(other  than  a city  officer),  at  whose  instance  or  u])on  whose 
information  any  suit  may  be  instituted  by  the  city^  shall  neglect 
and  fail  to  appear  and  prosecute  the  same,  after  being  duly  sum- 
moned, said  informant  or  prosecutor  shall  be  adjudged  by  the 
recorder  to  pay  the  costs  that  may  have  accrued  in  the  case  so 
reported. 

Sec.  86.  Whenever  any  person  (other  than  a city  officer)  shall 
have  caused  the  arrest  of  another  for  a violation  of  or<linance, 
and  the  offense  charged  shall  have  affected  solely  or  principally 
the  person  causing  the  arrest,  the  latter  may  withdraw  the  charge 
on  payment  of  costs  when  the  case  shall  be  called  for  trial  before 
the  police  court. 

Sec.  81.  Officers  shall  attend  as  Avitnesses  against  perrons 
whom  they  shall  have  arrested  without  being  summoned ; and,  if 


515 


Judge  to  asHost- 
penalty  agairut 
party  convicted 


Costs  regulated 


Defendant  may 
be  dismissed  on 
paying  costs 


Defendant  re- 
moving cause  of 
complaint,  may 
be  dismissed  on 
costs. 


When  informant 
may  be  ruled  to 
pay  costs. 


Prosecutor  may 
withdraw  cliarg 
es  on  paying 
costs. 


Oflicers  to  ai- 
tend  court  with- 
out subinjcna. 


POLICE  COURT. 


.”)16 


they  fail  to  appear  at  the  time  of  trial,  they  may  be  attached  and 
punished  for  contempt,  as  witnesses  summoned. 

witnessos’ fees,  Sec.  32.  All  witiiesses  (cityofficei's  and  prosecutors  excepted) 
duly  summoned  in  any  suit  before  the  recorder,  and  attending  at 
the  trial,  shall  be  entitled  to  fifty  cents  for  each  day’s  attendance  ; 
l)ut  they  shall  not  charge  for  attendance  in  more  than  one  suit  on 
the  same  day ; and  every  witness  shall  be  deemed  duly  summoned 
who  is  sworn  and  testifies  in  any  cause. 

Claim  and  pay-  Sec.  83.  Wlieuevei*  a Avitiiess  claims  his  fees  for  attendance, 

nient  of  wit- 
nesses’fees  the  clerk  of  the  police  court  shall  give  him  a certificate  of  the 

amount  due  him,  stating  names  of  defendant  and  witness,  with 
the  date  of  trial ; and  the  city  marshal  shall,  on  the  presentation 
of  said  certificate  to  him,  pay  the  same  from  any  mone^^s  in  his 
possession  belonging  to  the  city  of  St.  Louis,  provided  the  same 
has  been  collected;  and  shall,  at  the  end  of  every  month,  file 
every  such  certificate  with  the  auditor,  who  shall  allow  the  same 
in  settlement  of  the  marshal’s  accounts. 

Terms  of  con-  Sec.  34.  Whenever  a suit  is  first  called  up  for  trial,  if  either 

tinuances  of  , , . , , o • • i 

trials.  party  be  not  ready,  owing  to  the  absence  ot  witnesses  material  to 

the  case,  a continuance  shall  be  granted  by  the  recorder  for  one 
day,  on  the  application  of  the  party  desiring  it ; if  a continuance 
is  wanted  by  either  party  for  a longer  time,  the  party  making 
application  may  be  required  to  state,  under  oath,  the  materiality 
of  such  witness,  and  his  name,  residence,  and  occupation,  if 
known,  whereupon  a continuance  may  be  granted  for  a period  not 
exceeding  ten  days  ; if,  upon  the  calling  of  the  case  at  the  time 
to  which  it  shall  have  been  continued,  a second  continuance  is 
asked,  the  party  applying  therefor  shall  be  required  to  make 
affidavit,  stating  the  materiality  of  the  absent  witness,  what  he 
expected  to  prove  by  him,  and  what  means  have  lieen  used  to 
procure  his  attendance  ; if  sufficient  cause  be  shown,  in  the  judg- 
ment of  the  recorder,  he  shall  grant  a further  continuance,  not 
exceeding  thirty  days  : Provided ^ that  if  the  defemhint  be  in 
custody,  and  unable  to  give  bail,  no  continuance  shall  be  granted 
in  belialf  of  the  city  for  a longer  time  than  forty-eiglit  liours 
(exce})t  wlien  Sunday  shall  intervene),  nor  shall  a second  contin- 
uance be  i2;ranted  in  her  behaff  unless  the  defendant  be  admitted 
to  bail  ; but  the  I’ecorder  may  admit  him  to  bail  on  his  own  recog- 
nizance in  like  manner  as  if  he  gave  security,  in  vhich  case  a 


rOLlCE  COURT 


.017 


fui’tlier  coiitinuaiicc,  not  oxcccding  thirty  days,  may  be  granted 
in  belialt'  of  tlie  eity. 

Sec.  35.  All  applications  for  continuance  shall  be  made  either  Applications  tor 

, •01  *1  • 01'  1-1  continuances, 

at  the  opening  or  the  court  in  the  morning  or  the  tlay  on  which  whentobeina.ie, 

the  case  is  set  for  trial,  or  when  the  suit  is  called  up  for  trial, 

and  at  no  other  time,  unless  by  nermission  of  the  recorder  ; and  Motions  to  dis- 

^ I-  miss,  etc.,  when 

all  motions  for  dismissal,  on  account  of  informality  or  illegality 
in  the  paper  or  proceedings,  and  all  other  motions  in  relation  to 
matters  which  do  not  necessarily  arise  during  the  progress  of  a 
trial,  and  all  pleas,  except  of  “guilty,”  must  be  made  and  filed 
in  writing,  and  argued  when  the  case  is  called  up  for  trial,  and 
at  no  other  time. 

Sec.  36.  Depositions  taken  in  conformity  to  the  laws  of  the  Depositions  may 
State  may  be  read  in  evidence  on  behalf  of  the  defendant  before 
the  recorder,  in  any  case  where  the  witness  is  dead,  or,  by 
reason  of  sickness,  old  age,  or  bodily  infirmity,  or  absence  from 
the  city,  is  unable  to  or  can  not  safely  attend  to  the  trial, 
provided  that  such  aljsence  is  without  collusion  of  the  party 
offering  the  deposition. 

Sec.  37.  All  ])rocesses  and  notices  -which  it  maybe  necessary,  sfrv^erou^c^iiy 
in  any  suit  before  the  recorder,  to  serve  on  the  city,  shall  be 
served  on  the  city  attorney  or  the  person  acting  in  his  stead. 

Sec.  38.  In  the  al)sence  of  the  city  attorney  or  person  prose-  Kecordor  may 

f ^ appoint  city  at- 

cuting  in  his  stead,  -when  any  suit  in  which  the  city  is  })laintifi’  is  toj'»ey  pro  tem. 

about  to  be  tried,  the  recorder  may,  if  he  deem  it  necessary, 

appoint  some  one  to  prosecute  on  behalf  of  the  city,  who  shall, 
during  the  time  he  is  so  acting,  possess  all  the  po-wers  vested  in 
the  city  attorney. 

Sec.  39.  When  an  affidavit  on  the  i)art  of  the  city  shall  be 

. ^ . . lidavits. 

recpiired  in  any  cause  -which  has  originated  in  the  police  court, 
it  shall  be  made  by  the  city  attorney,  or,  in  case  of  his  inability, 
by  any  person  to  whom  the  facts  are  known. 

Sec.  40.  An  appeal  shall  lie  from  the  judgment  of  the 

recorder  to  the  St.  Louis  criminal  court,  in  all  cases,  upon  the  cninmai  conn, 

party  a])pellant  complying  -\vith  the  provisions  of  the  statute  of 
this  State  regulating  appeals  from  justices  of  the  ])eace. 

Sec.  41.  The  city  attorney  or  person  prosecuting  in  his  City  may  appoal 
Stead  may,  -w^ith  the  consent  of  the  comptroller,  take  an  appeal 
on  behalf  of  the  city  from  the  judgment  of  the  recorder;  but  the 


POLICE  COURT. 


r)i8 


foregoing  section  shall  not  he  construed  as  to  require  of  the 
city  any  bond  or  affidavit  when  she  is  the  party  appellant. 

Appeal  docket,  Sec.  4*2.  There  shall  be  keiit  by  the  clerk  of  the  police  court 

liow  kept,  . . ^ ^ 

an  appeal  docket,  in  Avhich  shall  be  duly  recorded  all  the  proceed- 
ings had  in  any  suit  in  which  an  appeal  shall  have  been  granted 
to  the  criminal  court ; and,  upon  appeal  being  perfected,  he  shall 
make  out  and  certify  to  the  said  court  a full  transcript  of  the 
proceedings  had  in  said  suit,  for  wduch  (unless  the  city  be  appel- 
lant ) he  shall  be  entitled  to  and  receive  from  appellant  a 
transcript  fee  of  one  dollar  and  a half. 

Execution  to  Sec.  43.  Upoii  the  rendition  of  any  judgment  by  the  recorder 

isM)e  on  judg-  . , ^ ^ u o ^ 

imposing  a fine  or  penalty,  if  the  defendant  do  not  immediately 
pay  the  same,  wdtli  all  the  costs  accruing  thereon,  the  i*ecorder 
shall  forthwdth  cause  execution  to  be  issued  against  defendant 
for  the  amount  of  such  fine  or  penalty  and  costs,  in  the  following 
form,  as  near  as  may  be  : 

\ 

Form  of  execu-  The  State  uf  Missoitri^  to  the  Mar  shat  of  the  Citu  cf  St. 

tion.  -r  . . 

Louis.,  greeting. 

“Whereas,  The  city  of  St.  Louis  hath  obtained  judgment 
before  the  undersigned,  recorder  of  the  city  of  St.  Louis, 

against , for  a violation  of  an  ordinance  of  said  city,  for 

the  sum  of dollars,  together  wdth  her  costs  in  this  behalf; 

these  are,  therefore,  to  command  you  to  levy  the  said  debt  and 
costs  of  the  goods  and  chatties  of  said  defendant,  within  the 
city  of  St.  Louis,  and  ex])ose  the  same  for  sale  agreeably  to 
law* ; and,  for  want  of  sufficient  property  whereon  to  levy  said 
debt  and  costs,  you  are  hereby  commanded  to  take  the  body  of 
the  said  defendant  into  your  custody  and  convey  said  defendant 
to  the  city  workhouse  ot‘  the  city  of  St.  Louis ; the  kee})er 
wliereof  is  hereby  commanded  to  receive  said  defendant,  and 
said  defendant  safely  keep,  until  the  said  debt  and  costs  shall 
have  been  ])aid  by  said  defendant’s  labor,  according  to  the  laws 
of  the  State  of  Missoui-i  and  the  ordinance  of  the  city  of  St. 
Louis,  or  until  said  defendant  shall  be  otherwise  discharged  by 
due  course  of  law*. 

“And  you  ai'e  also  commanded  to  make  return  of  tliis  execution 
within  thii'ty  days  from  tlie  date  of  tlui  same,  with  your  return 
cndoi’sed  thereon,  stating  how  you  have  executed  tlie  same'. 


rOLTCE  COURT. 


519 


“(liven  under  iny  liand,  at  tlie  poliee  eoiirt,  in  the  eity  of  St. 
Louis,  this day  of , 18 — . 

“ , Clerk  of  Police  CourtP 

Sk('.  44.  Upon  reeeiving  the  execution  al)Ove  stated  the  city 
marshal  shall  immediately  take  the  defendant  into  custody ; 
and  if  said  defendant  do  not,  before  sundown  of  the  same  day, 
satisfy  said  execution,  eitlier  by  paying  the  same  in  money,  or 
by  discovering  to  the  city  marshal  sufficient  goods  or  chattels, 
the  property  of  said  defendant,  whereon  to  levy  said  execution 
for  debt  and  costs,  the  city  marshal  shall,  without  delay,  deliver 
the  prisoner  to  the  person  contracting  to  convey  prisoners  to  the 
workhouse,  in  the  manner  set  forth  in  the  second  article  of  this 
ordinance. 

Sec.  45.  Any  defendant  who  shall  have  been  sent  to  the 
workhouse  by  authority  of  the  preceding  section,  and  wishing 
to  appeal  from  the  judgment  of  the  recorder  under  the  provision 
of  section  forty-one,  shall,  on  application  made  to  the  recorder,  be 
brought  before  the  police  court  at  the  next  sitting  thereof  after 
such  application  ; and  to  this  end  the  recorder  shall  cause  an  oi-der 
to  he  issued  upon  the  su])erintendent  of  the  city  woihliouse  to 
deliver  said  defendant  to  the  city  marshal,  and  the  city  marshal 
shall  ])resent  the  said  order  to  said  superintendent,  who  there- 
upon shall  deliver  the  body  of  said  defendant  to  the  city  marshal, 
who  shall  produce  said  defendant  before  the  police  court  at  its 
first  sitting  thereafter. 

Sec.  40,  Any  defendant  wishing  to  appeal  from  the  judgment 
of  the  recorder,  and  not  being  ready  to  enter  into  bonds,  may 
de})osit  with  the  city  marshal  the  amount  of  fine  and  costs 
imposed,  which  shall  l)c  received  by  the  said  marshal  as  collat- 
eral security  for  such  fine  and  costs  until  an  appeal  is  perfected, 
when  it  shall  be  returned  to  defendant;  but  if  such  ajipcal  shall 
not  be  perfected  Avithin  ten  days  (unless  Avhen  Sunday  intervenes), 
the  said  collateral  shall  not  be  returned  to  defendant,  but  shall  lie 
ap})lied  to  satisfy  the  fine  and  costs  imposed  on  him. 

Sec.  47.  The  city  attorney,  Avhen  he  is  satisfied  that  a com- 
plaint or  information  of  a violation  of  ordinance  is  made  foi* 
vexation  or  Avitliout  just  cause,  may,  before  commencing  any 
proceeding,  reipiire  the  complainant  or  informant  to  deposit  Avith 


Manner  of  satis- 
fying expcution. 


IIow  parties 
committed  to 
workhouse  may 
appeal. 


Defendant  may 
deposit  fine  and 
costs  l)efoie  ap- 
I)ealing. 


City  attorney 
may  demand  se- 
curity tor  costs 


520 


POLICE  COURT. 


Power  of  record- 
er to  tiunish  for 
contempt. 


Costs,  how  col- 
lected from  city. 


Recorder  and 
marshal  to  be 
governed  by 
State  laws. 


Duties  of  clerk. 


tlic  city  marslial  double  the  amount  of  costs  that  will,  in  his 
judgment,  accrue  in  the  suit;  and  the  recorder  may,  at  any  time 
after  the  filing  of  a statement  by  the  city  attorney,  upon  motion 
of  defendant,  require  the  deposit  of  costs  aforesaid ; but  the 
provision  of  this  section  shall  not  apply  to  any  report,  complaint, 
or  information  made  by  any  officer  of  the  city  in  the  discharge  of 
his  duty. 

Sec.  48.  The  recorder  shall  have  power  to  punish  all  persons 
guilty  of  a contempt  of  his  court  by  a fine  of  not  more  than  one 
hundred  dollars,  or  by  imprisonment  in  the  calaboose  of  the  city, 
or  the  St.  Louis  county  jail,  for  a term  not  to  exceed  twenty- 
four  hours,  or  by  both  such  fine  and  imprisonment;  and  he  may 
commit  such  person  until  such  fine  be  paid  and  the  judgment 
of  the  court  be  satisfied,  not  exceeding  ten  days : Frovided, 
hoiveve7'^  that  every  warrant  of  commitment  shall  set  forth 
specifically  the  facts  constituting  the  contempt. 

Sec.  49.  The  auditor  shall  audit  and  allow  all  accounts  for 
costs  which  shall  have  accrued  in  suits  before  the  recorder,  or 
suits  appealed  from  the  police  court  to  the  criminal  court,  and 
for  which  the  city  shall  have  become  liable  by  reason  of  judg- 
ment against  her  by  the  recorder  or  judge  of  the  criminal  court, 
as  the  case  may  be : Provided^  that  such  accounts  be  duly 
certified  as  correct  by  the  clerk  of  the  police  court,  or  the  clerk 
of  the  criminal  court,  as  the  case  may  be ; and  the  auditor  shall 
thereupon  draw  his  warrant  therefor  upon  the  treasurer,  payable 
out  of  the  appropriation  for  expenses. 

Sec.  50.  The  recorder  and  city  marshal,  in  all  matters  per- 
taining to  the  duties  of  their  respective  offices  concerning  which 
there  is  no  specific  provision  by  ordinance,  shall  be  governed 
by  the  law  of  the  State  of  Missouri  regulating  proceedings  in 
justices’  courts,  and  the  duties  of  justices  of  the  })eace  and 
constables,  so  far  as  the  same  may  be  applicable. 

Sec.  51.  It  shall  be  the  duty  of  the  clerk  of  the  police  court 
to  tax  all  costs  in  the  police  court  (subject,  however,  to  a])})eal 
to  the  recorder)  ; to  make  out  all  fee-bills  and  executions  ; to 
make  out  and  issue  all  ])rocesses  of'  the  court,  and  sign  the  same 
as  clerk,  exce})t  final  })ape]-s  in  State  cases;  to  make  to  the 
auditor  each  month  a statement  of  all  the  fee-bills  and  execu- 
tions returned  to  him  satisfied  by  the  city  marshal  during  the 


POLICE  COURT. 


fyJ] 


preceding  luontli ; to  funiisli  to  tlie  connnon*  council  at  cacli 
regular  session  a full  statement  of  the  amount  of  fines  imposed, 
amount  of  fines  remitted  by  mayor,  amounts  of  fines  and  costs 
collected,  and  fines  and  costs  collected  by  execution  to  workbousc, 

^ and  fines  and  costs  outstanding  since  tlic  commencement  of  the 
previous  session;  to  administer  oaths;  to  certify  to  transcripts 
from  the  recorder’s  docket,  and  other  records  of  the  court ; and 
generally,  'when  not  otherwise  prescribed  by  ordinance,  the  duties 
of  said  clerk  shall  be,  as  near  as  may  be,  the  same  as  those 
recpiired  of  the  clerk  of  the  St.  Louis  criminal  court. 

Sec.  52.  The  clerk  of  ^ the  police  court  shall  have  the  care  Further  duties 
and  custody  of  all  the  books,  records,  and  dockets  of  said  court; 
shall  file  and  preserve  all  papers  which  pertain  to  any  suit  or 
other  proceeding  had  therein  ; and  shall  keep  a l)ook  or  books,  to 
be  provided  for  that  purpose,  in  which  he  shall  enter  the  names, 
in  alphabetical  order,  of  all  persons  tried  before  the  recorder, 
the  date  of  the  trial,  the  iiumbei-  of  the  cause  according  to  the 
entry  on  the  execution-blotter,  the  violation  or  offense  charged, 
and  the  judgment  rendei*ed ; said  l)ook  shall  be  called  the 
“alphabetical  index.”  lie  shalL  also  keep  another  book,  to  be 
called  the  “ execution-blottei-,”  in  which  he  shall  entei'  the  names 
of  every  person  tried  before  the  recorder,  in  the  order  in  which 
their  names  appear  on  the  docket,  the  date  of  trial,  the  violation 
or  offense  alleged,  and  the  judgment  rendered;  and  these  entries 
shall  be  numbered  in  theii-  order  for  each  month  separately, 
commencing  Avith  nnmber  one  for  the  first  entry  in  each  month  ; 
and  all  numbers  on  papei*  ])ertaining  to  the  several  cases,  or 
on  entries  of  the  cases  [in  other  books,  shall  correspond  with 
the  number  of  the  cases]  severally  on  the  execution-blotter.  He 
shall  also  keep  another  book,  to  be  called  the  “execution  hook,” 

Avith  a Dr.  and  Cr.  side,  in  Avhich  he  shall  enter  on  the  Dr. 
side  every  fee-bill  or  execution  delivered  to  the  city  marshal, 
placing  in  se})arate  columns  the  amount  of'  the  fine,  the  recorder’s 
fees,  clerk  fees,  city  attorney’s  fees,  marshal’s  fees,  and  Avitness 
fees;  on  the  Cr.  side  he  shall  enter,  in  like  manner,  every  fee- 
bill  or  execution  returned  to  him  by  the  city  marshal,  taking  care 
to  kec})  together  fines  and  fees  satisfied,  in  distinct  columns  from 

* I'lic  Avord  “(tity,”  in  tlie  original  onliiiance,  is  cliaiiged  to  " ‘com- 
mon” by  ordinance  No.  54(>{),  ai)i)rove(.l  December  5,  18(54. 


POLICE  COURT. 


state  cases  to 
be  kept  in  sep- 
arate docket. 


t 


(’onipt roller  to 
advertise  for 
jir  'posals  to 
convey  prison- 
ers to  work- 
house. 


When  proposals 
shall  be  opened. 


Condition  of 
bids. 


.Marshal  to  de- 
liver i)iison«rs 
to  contractor. 


fines  and  fees  in  'worl house,  or  other  cases  in  which  the  same  arc 
not  collected.  He  shall  also  keep  a roll  of  attorneys  for  the 
police  court,  and  no  attorney  shall  practice  in  said  court  unless 
his  name  appear  on  said  roll  of  attorneys  by  authority  of  the 
recorder;  and  any  attorney’s  name  may  be  stricken  therefrom, 
l)y  the  order  of  the  recorder,  for  unworthy  conduct  or  character 
derogatory  to  the  respect  due  the  court. 

Sec.  53.  The  clerk  of  the  police  court  shall  keep  a separate 
docket  of  all  State  cases  brought  for  trial  before  the  recorder, 
in  which  he  shall  enter  the  names  of  the  parties  arrested,  and 
the  offense  charged  against  each  ; also  the  names  of  the  officers 
or  persons  making  tlie  arrests,  the  names  of  the  witnesses,  and 
the  disposition  made  thereof  by  the  recorder. 

ARTICLE  IT. 

Conveying  Prisoners  to  the  JVorkhouse. 

Section  1.  The  comptroller  shall,  ten  days  before  the  first 
Monday  of  June  in  each  year,  advertise  for  proposals  to  convey 
prisoners  against  whom  judgment  may  be  given  liy  the  recorder, 
and  who  have  not  satisfied  the  same,  to  the  workhouse,  on  every 
day  on  which  there  shall  be  a session  of  the  ])olice  court,  each 
proposal  to  state  the  price  for  which  the  bidder  is  willing  to 
convey  all  such  prisoners  from  the  calaboose  to  the  workhouse, 
per  month. 

Sec.  2.  On  the  first  Monday  in  June,  of  each  year,  said 
proposals  shall  be  opened  in  the  presence  of  the  mayor,  recorder, 
and  comptroller,  and  the  contract  for  conveying  the  prisoners 
shall  be  awarded  by  them  to  the  lowest  and  l)est  bidder,  for  the 
period  of  one  year,  and  until  a new  contract  shall  be  entered  into. 

Sec.  8.  Each  bid  shall  be  accompanied  with  a statement, 
signed  by  the  persons  offered  by  the  ])iddcrs  as  securities,  in  the 
event  of  acceptance  of  the  bid;  and  the  contractor  shall  give 
bond  to  the  city  in  the  sum  of  one  thousand  dollars,  Avith  at  least 
tw'o  sufficient  securities,  ajiproved  by  the  mayor,  for  the  faithful 
performance  of  the  conti-act,  and  the  safe  delivery  at  the  work- 
house  of  ajl  prisoners  delivered  to  him  by  the  city  marshal. 

Sec.  4.  The  city  marshal  shall,  each  day,  after  a session  of 
the  police  court,  deliver  to  such  contractor  each  prisoner  in  his 


riUNTINU. 


/■ 


custody,  together  'with  the  exeeiitioiis  uud  a true  copy  of  tlie 
same;  and  said  contractor  shall  deliver  such  prisoners,  together 

^ (lelivfi  pM'.oii- 

with  a true  copy  of  the  execution,  to  the  superintendent  of  the 
workhouse,  taking  his  receipt  therefor,  to  he  endorsed  upon  the 
execution,  which  said  execution  he  shall  return  to  the  city  marshal. 

Approved,  September  15,  1864. 


(No.  5340.) 


P II I N T 1 N G . 

AN  ORDINANCE  IN  RELATION  TO  CITY  PRINTING. 


AdvertiHemenfs  for  city,  propo- 
sals for  publishing I 1 

Bids  for  city  printing,  comptroller 

to  advertise  foi‘ 1 

how  opened 3 

to  be  submitted  to  common 

council 4 

ComydroUer,  t(^  advertise  for  bids 
for  city  ])i-inting 1 


Contracts  for  city  ])rinting,  how 

awai’ded 3,  4 

Joh-printing , how  advertised  for  1 

how  contracts  for  awai’ded 3,  4 

Ordinam-.es,  proi)Os;ds  for  pul)- 

lishing 1 

when  to  be  published 2 


Printing  (city),  compti-oller  to 

advertise  forbids  for ^ 1 

conti-acts  foi-.  how  awai'ded...3,  4 

conti-actors  to  give  bond  for...  4 

Proceedings  of  board  of  healtJi, 

l)rop()sals  foi*  ])ub]ishing 1 

when  to  be  publisluHl 2 

Proceedings  of  common  conned, 

l)rop()sals  for  ])ul)lisbing 1 

when  to  be  Y)ul)lished  2 

Proposals  for  city  printing,  how 

advertised  for 1 

foi’in  of 2 

l!owoi)ened 3 

duties  of  comptroller  concern- 
ing?  -h  ^ 


Be  it  ordained  hy  the  Conitnon  VAyuneil  of  the  (dity  of  St. 

Louis  : 

Section  1.  It  shall  he  the  dutv  td‘  the  comittroller,  at  least  ten  ('«uiptroii(>r  to 

^ _ a(iv('rtis<»  for 

days  before  the  first  stated  session  of  the  common  council  in  I'l'a'osais  for 

_ city  pnnl  inst. 

each  year,  to  invite,  hy  advertisement  in  the  papers  doing  the 
city  printing,  and  such  others  as  he  may  deem  projier,  proposals 
for  publishing  the  jiroceedings  of  the  hoard  of  common  council 
and  the  hoard  of  health,  the  ordinances  of  the  city,  and  all 
advertisements  for  or  on  account  of  the  city;  also,  to  invite  in 
like  manner  ])roposals  for  all  joh-printing  reipiired  by  the  city. 

The  foregoing  invitations  to  be  extended  to  })a})ers  jirinted  in 
both  the  English  and  (German  languages. 


PRINTING. 


ry>4: 


Form  of  pro- 
posals. 


To  whom  con- 
tracts shall  be 
aw  arded. 


Awards  to  he  ap- 
proved by  conn- 


Conl factor  to 
give  bond. 


Bids  being  re- 
fused, comptrol- 
ler to  advertise 
anew. 


Sec.  2.  Said  proposals  sliall  be  submitted  in  writing,  and 
sealed,  and  sliall  state  clearly  the  uniform  price  per  square  of 
sixteen  lines  of  nonpareil  type  for  wliicli  the  proposer  -will  print 
the  same  ; and  the  parties  or  papers  to  wdiom  may,  as  hereinafter 
provided,  be  awarded  the  contracts  for  the  general  printing  of  the 
proceedings,  et  cetera,  shall  cause  the  proceedings  of  the  common 
council  and  board  of  health  to  be  published  wdthin  forty-eight 
hours  after  the  manuscript  shall  have  been  furnished  them  by  the 
clerks  of  the  respective  boards  ; and  the  ordinances  of  the  city 
shall  be  published  in  said  papers  wdthin  five  days  from  the  date 
of  approval  of  the  same. 

Sec.  3.*  The  coinptroller,  on  the  day  specified  hereafter, 
shall,  in  the  presence  of  the  mayor  or  president  of  the  board  of 
common  council,  open  said  bids,  and  shall,  wdth  the  consent  of 
said  common  council,  aAvard  the  contract  for  printing  the  pro- 
ceedings, ordinances,  advertisements,  and  other  publications  of 
official  character,  in  tAvo  neAvspapers  published  in  the  English 
language,  to  the  loAvest  and  best  bidders  ; and  also  to  the  loAvest 
and  best  bidder  from  one  paper  published  in  the  German  lan- 
guage ; and  shall  also  award  the  contract  for  job-printing  to  the 
loAvest  bidder ; but  Avhen  the  bids  for  either  shall  be  for  the  same 
amount,  thus  embarrassing  an  aAvard,  he  shall  transmit  such  bids 
to  the  common  council  for  their  action. 

Sec.  4.  All  aAvards  made  by  the  comptroller,  under  the 
provisions  of  this  ordinance,  shall  be  by  him  submitted  to  the 
common  council  for  their  ap})roval ; and,  on  such  approval,  the 
comptroller  shall  require  of  such  contractor  or  contractors  a bond, 
Avith  sufficient  security,  in  such  sum  as  he  shall  deem  sufficient, 
conditioned  for  the  faithful  performance  of  such  contract;  and, 
in  case  of  refusal  by  the  common  council  to  approAX'  the  aAvard, 
as  provided  in  the  preceding  section,  the  comptroller,  on  being 
officially  notified  thereof,  shall  again  advertise,  as  before  provided, 
for  noAV  bids. 

See.  5.  Immediately  after  the  approval  of  this  ordinance,  the 
comptroller  shall  proceed  to  advertise,  for  [ten]  days,  for  proposals 
to  do  the  city  printing  for  the  residue  of  the  ])resent  year,  ending 
third  Monday  in  IMay  next,  the  same  to  l)e  let  as  recpiired  by 

section  w'as  ordained  in  lien  of  the  original  third  section,  by 
OJ'dinance  No.  ooTo,  a[)proved  April  IS,  ISOo. 


ITIMJC  CARlMKKh. 


section  third  of  this  ordinance,  and,  in  all  other  respects,  except 
as  to  time  of  letting,  in  accordance  with  the  pi’ovisions  of  this 
ordinance. 

Sec.  G.  All  ordinances  or  parts  of  ordinances  conflicting  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 

Approved,  June  25,  18G1. 


( No.  5411.  ) 

PUBLIC  CAIUITERS. 


AN  ORDINANCE  IN  RELATION  TO  PUBLIC  CARRIERS. 


Ashes,  vehicles  transporting, 
how  secured 1,  ^ 15 

Baggage-wagons , regulations 

eoncerning 1,  I 

tax  on I,  2 

to  have  registei-ed  nuinher I,  4 

rates  of  fare  for 1 , 11 

to  have  name  of  owner  on 1,  24 

Bond,  to  be  given  before  issue  of 

license  for  vehicles 1,  7 

of  inspector  of  vehicles I,  19 

of  public  porters .VIl,  1 

Bread,  vehicles  transi)orting, 

tree  of  tax 1,  9 

Baggies,  regulations  concern- 

' log 1,  1 

tax  on 1,  2 

Cabs  or  calrriolets^  regidations 

eoncerning I,  1 

tax  on I,  2 

to  have  registered  number  on..l , 4 

rate  of  fare  for 1 , 10 

to  have  lamps  at  night I,  11 

limitation  of  stands  for II,  4 


Card.sof  rate  of  fare  to  be  j)osted 


in  vehicles  1,  14 

regist(‘r  to  furnish 1,  14 

Carriages,  regulations  concern- 

b 1 

tax  on I,  2 

Carts,  regulations  concerning...!,  1 

tax  on.! ...I,  2 


to  have  registered  number  on..I 
transporting  loose  materials, 

(*te.,  how  secured I, 

to  have  name  of  owner  on I, 

Children's  tichets,  for  street-rail- 
road cars,  i)rice  of. V"I 

' companies  to  keep  for  sale...  VI 


, 4 

15 

24 

, 1 
: 1 


Clerk  of  police  court,  to  repoiT 

certain  convictions IV,  ^ 4 

Coal,  vehicles  transporting,  free 

from  tax I,  9 

Coal-wagons,  limitation  of  stands 

for 11,  4 

to  occupy  stands II,  5 

Comptroller^  stre(‘t-railroail  com- 
pnnies  to  lile  acceptance 

with VI,  4 

register  to  rei)iirt  delimpiency 
ot  i-ailroad  companies  to... VI,  4 
to  causes  suit  to  b(‘  brought  for 

delimpiency VI,  4 

Crosswalks,  i-aih‘oad  companies 

to  pay  paid,  of  cost  of. V,  4 

Culverts,  railroad  companii'S  to 

keep  in  rejiaii- V,  4 

Damages,  city  not  liable  in,  to 

I’ailroad  companies V,  (» 

raih-oad  companies  liable  in,  to 

p:iss(*ngers Y,  (» 

Dirt,  vehicles  trans})orting,  how 

secui'i'd I,  15 

Drags,  regulations  concm-ning... 1 , 1 

tax  on 1,  2 

to  have  r('gist(“i-ed  numbei’ on..1 , 4 

lati*  ot  fai’i^  for I,  11 

to  have  name  of  ownei*  on 1,  24 

Drivers  of  licensial  vehicles,  to 

wear  badges I.  14,  22,  24 

Drivers  of  vehicles  liable  as  own- 
ers   I , IS 

chaiging  exci'ssive  fari' IN',  1 

Engineer  (city),  to  notify  rail- 
I'oad  companies  to  ri'pair 

streids V,  4 

to  ri'jiair  strcids  at  cost  of 
railroad  companies V,  4 


PUBLIC  CARRIERS. 


•ii; 


Fee  of  re^i.ster  for  issuin^^  li- 

C(MlS(iS I,  ^ G 

Feed  (lon^),  stands  for  veliicles 

transporting. II,  G 

Fine-H^  inspector  of  vehicles  to 
receive  one-half  of  certain..!,  19 
Fire  department , not  to  he  inter- 
fered with  by  radroad  cars..V,  7 
Fires ^ in  case  of,  sti‘(;ets  to  be  at 

nse  of  tire  department.. V,  7 

Fodder^  stands  for  vehicles 

transporting- II,  G 

Furnitare-cars^  regulations  con- 
cerning  I,  1 

tax  on 1,  2 

to  have  registered  number  on..1 , 4 

rate  of  fare  for 1 , 12 

to  have  name  of  owner  on I,  24 

limitation  of  stands  for II,  4 

Garbage^  vehicles  transporting, 

how  .secured I,  15 

Gas-pipe,  city  not  liable  in  dam- 
ages for  breaking  of. V,  G 

Hackney  carriages,  regulations 

concerning I,  1 

tax  on I,  2 

to  have  regist(‘red  number  on...  1,4 

rate  of  fare  foi- I,  10 

card  of  rate  of  fare  to  be  post- 
ed in I,  13 

drivers  ot,  to  wear  badges I,  13 

to  have  lamps  at  night I,  14 

limitation  of  stands  for II,  4 

Hay,  stand  for  vehi(4es  ti-an.s- 

porting II,  5 

Hiring  of  vehicles,  wdiat  deemed 

to  be... I,  17 

Hotel  oninibusses,  tax  on I,  2 

coaches,  tax  on 1,  2 

wagons,  tax  on 1,  2 

Inspector  of  vehicles,  how  ap- 

l)ointed I,  18 

duties  and  powers  of. 1,  18 

compeirsation  and  salary  of... I,  10 

bond  of I,  10 

term  of  ofH(*e  of. I,  10 

Lamps  of  carriages,  to  have  reg- 
istered nnmber  on  I,  14 

Lamps  of  omnibnsses , to  have  reg- 

ister(*d  number  on  I,  14 

Licensed,  vehicles,  to  have  names 

of  owners  on I,  24 

Licenses  for  vehicles,  may  be 

semi-annnal I.  2 

regist(*r  to  issue I,  2,  G 

))rovisions  concerning 1 , 7 

to  b(;  forleited,  when I\',  I 

not  to  be  remewed.  when iV,  2 

lor  st''(M‘t-railroad  cars \'I,  1,  4 

for  str(‘et- rail  road  cars,  ain't 

of,  how  asc(*rtained VI,  2 

for  street-railroad  cai-s,  com- 
j)ani(*.s  failing  to  pay,  to  for- 
feit jnivi leges VI,  4 


Licenses,  for  street-i-ailroad  cars, 
not  to  exempt  companies 
from  repairing  streets... VI,  I 5 

for  ])ublic  porters Vll,  1 

to  di-ive  licensed  vehicles,  reg- 
ister may  issue I,  21 

Licenses  to  drive  licensed  vehi- 
cles, provisions  concern- 

ii'g- I,  22 

lAyne,  vehicles  transporting, 

how  to  be  .secured .41,  15 

Livery  stables,  tax  on  vehicles 

kept  in I,  2 

keepei'S  of,  to  report  number 

of  vehicles  in I,  8 

kee])er.s  of,  to  pay  tax  on  ve- 
hicles  I,  8 

Loose  materials,  vehicles  trans- 
porting, how  to  be  secured  1,  15 
Manure,  vehirles  transporting, 

how  to  be  secured ^1,  15 

Marketry,  vehicles  transporting, 

exeinpt  from  tax I,  0 

Marshal  (city),  to  pay  inspector 
of  vehicles  one-half  certain 

tines I,  10 

Materials,  loose  {see  loose  mate- 
rials) . 

Mayor,  to  appoint  inspector  of 

"vehicles I,  18 

to  approve  stands  'for  vehi- 
cles  II,  2 

to  sanction  notic(‘  of  engineer 
to  street-railroad  companies 

to  repair  streets V,  3 

public  jiorters  to  obtain  cer- 
tificate from VII,  1 

Metallic  plates,  ri'gister  to  fur- 

ni.^^h  for  nnmliering  vehielesl,  5 
Milk,  vehicles  transporting,  ex- 

einjit  from  tax I,  0 

Mad.  vehicles  transiiorting,  how 

to  be  secured I,  15 

Numbers  for  vehicles,  register  to 

furnish I,  6 

Offal,  vehicles  transporting, 

how  to  be  secured I,  15 

Officers,  refusing  to  carry  out 

certain  ordinance IV',  4 

Om?iibusses , regulations  concern- 
ing  L 1 

tax  on I,  2 

to  hav(!  reglsteri'd  nnmber 

on I.  1 

rate  of  fan' for I,  10 

card  of  rat(*  of  fari*  to  be  post- 
ed in I,  13 

to  have  lamps  at  night I,  11 

to  hav('  name  of  owner  on I,  21 

Fassengers.  mayi'xamliu*  (*ard  of 

rate  of  tan' I,  13 

Passenger  tickets . for  st  ri'i't  - ra  1 1 - 

road  cars,  in  lcHi  of V 1 , 1 

coni|)ani('s  to  ki'i'j)  for  sal('...VI.  1 


rUBl.R^  OAHRIKKS. 


iV/mZ/'v'c.s' tor  (‘(*rt;iiu  oirciises  1,  ^ IT), 

K;,  ‘20,  ‘24;  11,  5,  7;  111.  O: 

IV,  1,  4:  V,  :i,  5;  VI,  0; 
VII,  4.  5.  j 

Public  porters,  provisions  con-  ' 1 

C(M-ning \'1I.  I 

to  ;n)plv  to  inavor  for  c(M-tili-  ; 

cate..; : VII,  Ij 

register  to  issue  license  to...  VII , 1 i 

to^iveboncl VII,  1 j 

to  wear  bad^'es \'I1,  2 i 

i-ate  of  fare  tor V 11 , 8 ' 

permitting  others  to  use  wheel-  j 

barrow,  etc VII,  5| 

Railroad  omnibusses,  tax  oil 1,  2 

rate  of  fare  for 1 , 10  i 

Railroads,  street  {see  street  rail- 
7‘0  ads)  . 

Register,  to  issue  license  for  ve-  ; 

hides I,  2 

to  turnisli  metallic  plates  lor 

numbering’  veliicles I,  a] 

duty  of,  concerning'  vehicles...!,  G 

keepers  of  livery  stables  to  re- 
port to 1 . 8 

may  examiiu!  kei'jiers  of  li  V(*ry 

stables  undm-  oath 1 , 8 

to  furnish  cards  of  rat(^s  of 

tare 1,  18 

may  examine  parties  touching' 

ownershij)  of  v(diicl(*s 1,  17 

may  issue  license  to  dri\'e  li- 

cmised  vehicle I,  21 

to  number  sprinkriu»-carts...l,  24 
owner  of  transter-wa^'ons  to  I 

state  number  to II 1 . 2 I 

clerk  of  polio*  court  to  re[)ort 

ci'i'taiii  convict  ions  to ..IV,  8 

to  ent(*r  c(‘rtain  com  id  ions  in 

a book IV,  8 

to  examiiK*  certain  books  be- 

fori*  issiiinii,'  license IV,  8 

to  r(*fuse  lic(‘ns(*,  \vh(*n IN',  8 

to  report  certain  ddimpiencics 

tocomptroller \d  , 4 

to  issue  lici'iises  to  })ublic  iior- 

ters VII,  1 

Ralary  of  inspector  of  vchi- 

(des I,  11) 

Seivers,  city  not  habh*  in  dam- 

aa-(*s  for  breaking'  of \’ , G 

Spriniding-cai-ts,  to  hax'c  name  of 

owiu'r  on I , ‘24 

to  be  numb(*n‘d 1 , 21 

Stand,  vi'hide.'  occupyiu.H'  to 
hav(^  re_oist(*r(*d  number  on  I.  4 
for  x'diicles,  ri'^'idations  con- 
cerning'   II. 

for  vehicles,  s(‘l(*ction  of,  how 

and  when  math* II , 2 

for  \<*hicl(*s,  limitations  coii- 

c(*rniu^ II,  4 

for  vehicles  haiiliii”'  Iona*  f(‘(Ml, 
straw,  etc II,  a 


St/‘aiv,  stands  for  v<*hi(des  haul- 
ing-  II,  I a 

Street  inspectors , to  select  stands 

for  V(*hicles II,  1 

to  s(“lect  stands,  how  and  when 

II,  2 

to  publish  stands  seh*cted II,  8 

to  enforce  (‘(‘I'tain  ordinance...  II,  7 

Street  railroads,  prox'isions  con- 
cerning'   N' . 

who  liable  to  provisions  (*on- 

cerninji; V,  1 

ru!(*s  and  re«'ulatioiis  tor  ruii- 

nin;*' cars  on Y,  2 

companies  to  keep  track  of  in 

^'00(1  repair V,  8 

cars  of,  to  havt*  preference  of  • 

track V,  10 

Street-raih-oad.  companies , tax  to 

be  ])aid  by YI,  1 

to  re])ort  number  of  cars 

I'un Yl,  2 

to  tile  acceptance  of  ordi- 
nance  Nd,  8 

Streets,  I'ailroad  com[)ani(*s  to 

keep  in  r(*paii' Y,  8 

to  b(*  us(*d  by  tir(*  department 

in  cas(*oflir(* Y,  7 

Sieill,  \(*hi(  l(*s  transporting',  how 

s(*cur(*d I,  a 

Tax  071  vehicles 1 . 2 

to  r(*h*ase  own(*rs  from  other 

tax  on 1,  8 

7 i-a 7/sfer  - iv  a g on  s , I'e^' u 1 a t i on s 

conc<*rnin^' I II. 

tax  on Ill,  1 

owiH'i's  to  slate  nundK*r  of  to 

r(*,oist(‘r Ill,  2 

not  to  be  used  x\  ithout  license 

III.  8 

1 ranspo7‘tatio7i  of  pi*  r so  us  or 

pi'operty , regulations I. 

Vehicles.  r(*<>'idatioiis coucc'i'uin^'  I,  1 

tax  on.... 1 , 2 

tax  on  to  i'(*l(‘ase  from  ollu*!' 

tax 1 , 8 

to  hav(*  i'(*^istered  numb<*r  on  I,  4 

rat(*s  of  fai'i*  for.. 1 , 10 

card  ol  rati*  of  fare  to  be  posted 

in I,  18 

noiK*  but  persons  licens(*d  to 

drive I,  ‘20 

to  havi*  naim*  of  own(*r  on I,  2t 

street  inspi'dors  to  sel(*ct 

stamb  for II.  2 

limitation  of  stands  toi' II,  4 

not  to  occupy  cci'taiu  space 

near  coiu't -lioiisi* 1 1 , 7 

j drix  ers  oroxx  n(*i's  of,  char^'in<i' 

exccssivi*  fail* lY,  I 

1 lic(*ns(*  lor,  xvhen  to  bi^  for- 

I feited IV,  1 

i lici'usi*  for,  not  to  bi*  ri'iicwed, 
i xvhen I W 2 


PUBLIC  CARRIEBS. 


528 


Vehides.  when  entitled  to  tniek 

ot  street  railroads V,  ^ 8 

when  not  entitled  to  track.... V,  9 
Wagons,  reg’idations  coneerning’ 1 , 1 

tax  on I,  2 

hotel,  tax  on I,  2 

hanling  ^rain.  tax  on I.  2 

to  liav(i  re<'istered  ninnbei’on...l,  4 
rate  of  tar(‘ for I,  12 


Wagons^  to  have  name  of  owner 

on I,  124: 

W aier-pipes ^ city  not  liable  in 

dania<^es  foi-  breaking  of V,  G 

IFoorZ,  vehicle.s  hanling,  "exempt 

from  tax I,  9 

Wood-carts ^ limitation  of  stands 

tor II,  4 

to  oeciipy  stands II,  5 


Be  it  ordained  by  the  ConDnon  Council  of  the  City  of  St. 
Louis . 


ARTICLE  I. 


Rates  of  Licitise^  and  other  Ri  ^uJ  at  ions  for  Vehicles. 


Vehicles  for 
hire,  not  to  he 
kept  without  li- 
cense. 


Tax  on  omni- 
busses. 


Hotel  vehicles. 
Wagons. 


Drays. 

Jlaggage  - wag- 

(UlS. 

Furniture-cars. 

Carts. 

Carriages. 

Buggies. 


Owners  paying 
license  relieved 
from  other  tax. 


Registered  nnm- 
ber  to  1)0  k('i)t  on 
vehicles. 


Section  1.  No  person  shall,  in  this  city,  without  complying 
with  the  provisions  of  this  ordinance,  hire  out,  or  keep  for  hire 
or  use,  or  cause  to  be  used  for  hire,  in  the  transportation  of 
persons  or  property  from  one  part  of  the  city  to  another,  or 
from  places  wdtliin  the  city  to  jilaces  without,  or  from  places 
without  the  city  to  places  within,  any  hackney  carriage,  omnibus, 
dray,  cart,  wnigon,  or  other  vehicle. 

Sec.  2.  That  there  shall  be  levied  an  annual  tax  upon  all 
twm-horse  omnibusses  running  in  any  of  the  regular  omnibus 
lines  of  the  city,  twxuity-five  dollars  ; upon  all  two-horse  railroad 
omnibusses,  twenty  dollars;  upon  all  four-horse  railroad  omni- 
busses, thirty  dollars  ; upon  all  hotel  omnibusses,  coaches,  and 
wagons,  fifteen  dollars ; u})on  all  wagons  used  and  owmed  by 
public  carriers,  four  dollars ; u})on  all  wnigons  used  to  draw' 
grain  and  Hour  to  and  from  the  levee,  ten  dollars  ; upon  all 
drays,  ten  dollars ; baggage- wnigons  used  for  public  use  as 
common  carriers,  ten  dollars  ; upon  all  furniture-cars  used  for 
public  use,  eight  dollars;  upon  all  cars  (carts),  tAvo  dollars; 
upon  all  carriages  kept  for  hire  in  livery  stables,  five  dollars  ; 
upon  all  buggies  kept  for  hire  in  livery  stables,  two  dollars. 
The  register,  however,  may  issue  a semi-annual  license,  if 
recpiired  by  the  applicant,  according  to  the  al)ovc  rates. 

Sec.  8.  The  owners  of  any  vehicles  mentioned  in  the  fore- 
going section,  paying  the  aimual  tax  therein  provided  for,  shall 
be  released  from  all  other  taxes  on  the  same  to  the  city  of  St. 
Louis  during  the  })eriod  for  Avhich  said  tax  is  paid. 

Sec.  4.  There  shall  be  })laced,  and  kept  conspicuously  to  view, 
on  every  dray,  wagon,  baggage-Avagon,  fiirniture-car,  call,  hack- 


rUBLrC  CARKIEIIS. 


529 


ncy  carriage,  oiiiiiibus,  cal),  or  cal)rIolct,  tliat  occupies  a stand, 
tlie  registered  iiuinber  of  sucli  vehicle  ; such  luiudjcr  shall  he 
ill  plain,  distinct,  and  legible  figures,  each  figure  to  he  not 
less  than  two  inches  in  length,  and  one  inch  and  a half  in 
width,  painted  in  oil  colors,  and  placed  on  each  vehicle  in  the 
following  manner  : On  drays  and  carts,  the  number  shall  he 
painted  on  metallic  plates,  and  placed  on  the  outer  side  of  each 
shaft,  three  inches  in  front  of  the  body  or  bed  of  the  cart  or 
dray;  on  wagons,  the  number  shall  he  painted  on  metallic 
plates,  and  placed  on  the  hind  axle,  and,  where  a body  is  used 
on  such  wagon,  said  number  shall  also  be  placed  on  the  outer 
side  thereof;  on  furniture-cars,  the  number  shall  be  painted  on 
metallic  plates,  and  placed  on  each  outer  side  of  the  body  ; on 
hackney  carriages,  cabs,  or  cabriolets,  that  occupy  stands,  the 
number  shall  be  painted  on  the  outer  glass  of  the  lamps  ; and  on 
omnibusses,  the  number  shall  be  placed  on  some  conspicuous 
place  on  tlie  outside  of  the  body  thereof,  in  Arabic  numerals, 
not  less  than  three  inches  sipiare,  so  that  it  can  be  easily  read 
from  the  sideAvalk. 

Sec.  5.  To  such  vehicles  as  are  reiiuired  to  have  their  numbers 
on  metallic  plates,  the  register  shall  furnish  the  plates  at  cost, 
and  the  figures  sliall  be  cast  upon  the  plates  and  raised,  so  as  to 
be  easily  distinguished. 

Sec.  G.  It  shall  be  the  duty  of  the  city  register,  upon  receiving 
the  annual  tax  of  any  vehicle  mentioned  in  the  preceding  sections, 
to  register  the  same  and  give  the  ^larty  applying  for  the  license 
the  number  to  be  put  thereon  ; and  if  such  number  be  so  placed  upon 
said  vehicle,  and  bond  be  entered  into,  as  hereinafter  reipiired, 
within  three  days  after  registry  of  said  vehicle,  the  register  shall, 
upon  being  paid  a fee  of  fifty  cents,  deliver  to  the  party  applying 
a license  to  use  said  vehicle  for  one  year  fVom  the  date  of  the 
payment  to  the  register ; otherwise,  the  money  so  paid  shall  be 
forfeited. 

Sec.  7.  The  party  applying  for  a license  shall,  before  the 
same  shall  be  issued,  enter  into  bond  to  the  city,  with  sufficient 
security,  to  be  approved  by  the  register,  in  a sum  not  less  than 
two  hundred  dollars  (unless  the  said  license  be  for  a dray), 
conditioned  for  the  safe  delivery  of  all  property  delivered  to 
him,  or  his  servant  or  agent,  to  be  conveyed,  and  for  payment 
34 


Regulations  con- 
cerning num- 
bers 


Register  to  fur- 
nish metallic 
plates. 


Register  to  fur- 
nish number. 


Fee  for  number 
forfeited,  if 
number  is  not 
used. 


Bond  for  license. 


Conditions  of 
license. 


530 


PUBLIC  CARRIERS. 


Owners  to  make 
afflclavit. 


Duty  of  register 
on  finding  affi- 
davit false. 


Certain  vehicles 
free  of  license. 


Rates  of  fare  for 
cabs. 


of  all  damage  wliicli  may  accrue  to  any  person  by  bis  negligence, 
or  that  ot‘  his  servants,  agents,  or  employees,  in  and  about  the 
use  and  management  of  the  vehicle  licensed.  The  party  applying 
for  a license  for  a dray  shall  enter  into  a like  bond,  in  the  sum 
of  three  hundred  dollars  ; and  the  said  bonds  may  be  sued  upon, 
in  the  name  of  the  city,  by  any  person  injured  by  a breach  of  the 
conditions  thereof. 

Sec.  8.  Every  keeper,  owner,  proprietor,  or  occupant  of  a 
livery  stable  shall  state  annually,  under  oath,  to  the  city  register, 
how  many  vehicles  of  every  description,  upon  which  a tax  or 
license  is  required  to  be  paid,  are  owned,  used,  or  kept  by  him 
for  hire,  and  shall  pay  on  each  the  tax  required  by  the  second 
section  of  this  article ; and  the  city  register  may  examine  every 
such  applicant,  on  oath,  touching  the  number  of  such  vehicles 
owned  by  him  during  the  year  next  preceding  the  date  of  making 
such  statement;  and  if  it  shall  appear  to  the  register  that  the 
applicant  has,  during  said  year,  owned,  used,  or  kept  for  hire  as 
aforesaid,  a greater  number  of  such  vehicles  than  the  number 
upon  which  he  shall  have  paid  the  tax  required  by  this  ordinance, 
he  shall  pay  for  every  such  extra  vehicle  such  tax  as  the  city 
register  shall  consider  reasonable  and  just. 

Sec.  9.  No  tax  shall  be  levied  on  owners  of  wagons  or  other 
vehicles  exclusively  engaged  in  hauling  into  the  city  wood,  coal, 
bread,  milk,  or  marketry,  for  sale  ; but  this  ordinance  shall  not 
be  construed  to  exempt  owners  ot‘  vehicles  from  taxation  who 
reside  out  of  the  corporate  limits  of  the  city  and  who  use  such 
vehicles  within  the  city  limits  for  hire. 

Sec.  lO.  For  the  use  of  any  hackney  carriage,  cab,  or 
cabriolet,  licensed  as  aforesaid,  the  owner  shall  be  entitled  to 
charge,  demand,  and  receive  the  following  compensation,  and  no 
more  : 

First  — For  conveying  one  or  more  passengers  a distance  of 
not  exceeding  one  mile,  one  dollar. 

Second  — All  public  liackney  carriages,  cabs,  or  cabriolets, 
shall  be  entitled  to  charge  and  collect  two  dollars  for  the  first 
hour,  and  one  dollar  and  a half  for  each  additional  liour. 

Third  — The  owner  or  driver  of  any  omnibus  licensed  to  run 
to  the  several  railroad  depots,  haiding  passengers  to  and  from 
said  railroad  depots  within  the  city  limits,  shall  be  entitled  to 


PUBLIC  CAKHIEHS. 


demand  and  receive  no  more  than  twenty-five  cents  for  each 
passenger,  and  shall  convey  such  passenger  to  any  part  of'  the 
city  he  or  they  may  require. 

Sec.  11.  The  owner  or  driver  of  any  dray  or  baggage- wagon 
shall  be  entitled  to  demand  and  receive  for  ten  blocks,  forty 
cents  ; for  any  distance  over  ten  blocks  shall  be  according  to 
agreement.  If  there  is  no  agreement,  the  charge  shall  be  in  the 
same  proportion  that  ten  blocks  is  [are], to  forty  cents. 

Sec.  12.  The  owner  or  driver  of  any  licensed  furniture  car  or 
wagon  shall  be  entitled  to  charge,  demand,  and  receive,  for  put- 
ting a load  upon  his  car  or  wagon,  transporting  the  same,  and 
putting  the  same  off,  seventy-five  cents  for  the  whole. 

Sec.  13.  The  owner  or  driver  of  any  hackney  carriage,  or 
other  vehicle  used  for  the  transportation  of  persons  for  hire, 
shall  keep  on  the  inside  of  each  carriage  or  vehicle,  hung  up 
in  a conspicuous  and  prominent  manner,  so  as  to  be  easily  seen 
and  read,  a printed  copy  of  the  rates  of  fare  established  by  the 
tenth  section  of  this  ordinance.  Said  copy  shall  be  printed  in 
black  ink,  on  thick,  white  card  paper,  not  less  than  ten  inches 
square,  and  the  type  used  for  printing  said  rates  shall  be  Roman 
type,  not  less ’in  size  than  that  known  as  doulde  primer;  and 
passengers  or  other  persons  employing  such  carriage,  or  other 
vehicle,  shall  have  the  right  to  examine  such  copy  before  paying 
their  fare.  Said  cards  to  be  furnished  by  the  register,  the 
applicant  paying  the  cost  of  the  card.  The  driver,  or  person 
having  the  immediate  use  and  charge  of  any  hackney  carriage, 
cab,  or  cabriolet,  that  occupies  a stand,  shall  have  placed  on  his 
hat  or  cap,  conspicuous  to  view,  a badge  or  belt,  with  the  word 
“public”  exposed  to  view,  in  distinct  and  legible  characters. 

Sec.  14.  Every  hackney  carriage,  cab,  or  cabriolet,  when 
driven  in  the  night,  shall  have  fixed  on  some  conspicuous  [part] 
of  the  outer  side  thereof  tAvo  lighted  lamps,  with  plain  glass 
fronts  and  sides,  on  which  shall  be  painted,  in  dark  and  legible 
figures,  at  least  two  inches  long,  the  registry  number  thereof. 
All  omnibusses,  Avhen  driven  in  the  night,  shall  have  lighted 
lamps  or  candles  inside  thereof,  with  the  number  of  said  omnibus 
in  front  of  said  lamp  or  light. 

SE(n  15.  Every  cart  or  vehicle  used  to  transport  dirt,  manure, 
mud,  ashes,  lime,  garbage,  swill,  offal,  or  other  loose  material. 


Rates  of  faie 
for  baggage- 
wagons. 


Rates  of  fare  for 
furniture-cars- 


Card  of  rates  of 
fare  to  be  kept 
in  vehicles. 


Regulations  con- 
cerning cards. 


Register  to  fur- 
nish cards. 


Badge  to  be  worn 
by  drivers. 


Lighted  lamps 
to  be  kept  on  ve- 
hicles. 


Lamps  to  have 
registered  num- 
ber on. 


Regulations  for 
conveying  cer- 
tain articles. 


532 


PUBLIC  CARRIERS. 


Penalty  for  vio- 
lating regula- 
tions. 


Penalty  for  cer- 
tain offenses. 


What  vehicles 
deemed  to  be 
hired. 


Powers  of  in- 
spector and  reg- 
ister to  exam- 
ine owners. 


ill  any  of  tlie  streets  of  tliis  city,  shall  be  fitted  with  a good  and 
substantial  light  box  thereon,  the  sides  of  wdiich  shall  be  tw^enty- 
four  inches  and  the  tail-board  eighteen  inches  high,  so  that  no 
portion  of  such  dirt,  manure,  or  otlier  loose  material,  be  scattered 
or  thrown  into  the  street ; and  all  carts  or  other  vehicles  used  for 
hauling  ashes,  garbage,  swill,  or  other  offensive  matter,  shall 
have  the  box  thereon  closely  covered  wdth  sufficient  covering  of 
cloth  or  boards,  closely  fitted,  so  as  to  prevent  the  escape  or 
flying  about  of  any  of  the  contents  or  effluvia  therefrom.  Every 
person  using  any  cart  or  other  vehicle  for  the  purpose  herein 
named,  wdthout  complying  wdth  the  provisions  of  this  section, 
shall  be  subject  to  a fine  of  not  less  than  three  nor  more  than 
twenty  dollars. 

Sec.  16.  Any  owner  of  a hackney  carriage,  omnibus,  or  other 
vehicle  mentioned  in  this  ordinance,  wdio  shall  fail  to  pay  the 
annual  tax  thereon ; and  any  owmer  or  driver  of  a hackney 
carriage  or  omnibus  wdio,  wdien  recjuired,  shall  fail,  neglect,  or 
refuse  to  carry  any  passenger  or  his  baggage ; and  any  drayman 
and  furniture  carman  who,  when  recpiired,  shall  fail,  neglect,  or 
refuse  to  convey  any  article,  unless  such  owner,  driver,  drayman, 
or  carman  should  be,  at  the  time,  actually  otherwise  employed; 
any  person  who  shall  fail  to  keep  the  number  of  his  vehicle 
constantly  upon  the  same,  and  in  a plain  and  legible  condition ; 
and  any  such  person  wdio  shall  ask,  demand,  and  receive,  for 
conveying  persons  or  property,  more  than  the  sums  alloived  by 
this  ordinance,  or  shall,  in  any  other  manner,  violate  or  fail  to 
comply  with  any  of  the  provisions  of  this  ordinance  a penalty 
for  which  is  not  herein  expressly  fixed,  shall  be  deemed  guilty  of 
a misdemeanor,  and  shall  forfeit  and  pay  not  less  than  five  nor 
more  than  one  hundred  dollars. 

Sec.  17.  All  vehicles  used  for  the  trans})ortation  of  property, 
wdiich  property  does  not  belong  to  the  owners  of  the  vehicles  so 
used,  shall  lie  deemed  to  be  hired  out,  ;ind  shall  be  subject  to 
license  accordingly,  and  the  owners  or  possessors  of  the  property 
may  be  examined,  under  oath,  by  the  insjiector,  touching  the  own- 
ership of  such  property  and  vehicle  ; and  they  shall  also  appear 
before  the  register,  wlien  cited  by  him,  and  he  may  e.xaminc 
them,  under  oath,  touching  the  ownershi})  of  such  pj-operly  and 
vehicles. 


rUBlJO  OAIMUERS. 


Sec.  18.  Tlic  mayor  sliall  appoint  an  ins})ector  of  veliiclcs, 
’whose  duty  it  sliall  he  to  arrest  the  owners  or  drivei'S  of  all 
vehicles  running  without  a.  license,  or  'without  having  the  regis- 
tered number  thereon,  provided  they  are  subject  to  license  or 
registration ; and  all  drivers  of  vehicles  shall  he  subject  to  the 
penalties  mentioned  in  said  ordinance  as  though  they  were  the 
OAvners  of  the  vehicles,  unless  they  shall  give  such  information 
as  Avill  lead  to  the  arrest  and  conviction  of  the  OAvners  for  the 
offense  charged  upon  them.  The  inspector  shall  also  have  poAver 
to  arrest  all  persons  Avho  shall  have  violated  any  of  the  provisions 
of  the  ordinance  relating  to  vehicles. 

Sec.  19.  The  person  so  employed  shall  receive  fifty  cents  for 
each  person  reported  by  him  to  the  recorder  for  a violation  of 
this  ordinance,  Avhen  the  fine  imposed  on  such  person,  if  any, 
shall  he  collected  in  cash  and  paid  into  the  city  treasury  by  the 
city  marshal,  as  in  other  cases.  He  shall  give  bond,  to  be 
approved  of  by  the  mayor,  in  the  sum  of  five  hundred -dollars, 
conditioned  for  the  faithful  performance  of  his  duties  ; and  for 
his  services  he  shall  he  paid  a salary  of  eight  hundred  dollars  per 
amium,  payable  monthly,  and  hold  his  office  for  one  3'ear. 

Sec.  20.  No  jierson  shall,  in  this  city,  drive  the  animals  used 
j in  druAving  any  licensed  vehicle  of  aii^"  kind,  engaged  in  the 
transportation  of  persons  or  property  for  hire  (omnibusses  alone 
excepted),  Avithout  first  having  obtained  a license  under,  and 
otlierwise  complying  Avdth,  the  provisions  of  this  ordinance,  other 
than  the  ])erson  in  AA'liose  name  such  vehicle  is  licensed  ; and  any 
person  so  oftending  shall,  for  each  offense,  foi-feit  and  pa}'  to  the 
city  a fine  of  not  less  than  five  nor  more  than  fifty  dollars,  to  he 
sued  for,  recovered,  and  collected,  as  other  fines  and  penalties. 

Sec.  21.  The  city  register  is  hereby  authorized  and  directed 
to  issue  a license  to  any  person  of  good  moral  character,  to  drive 
any  such  licensed  vehicle,  Avithout  any  charge  other  than  his  fee 
for  issuing  the  same,  Avhich  said  license  shall  authorize  the  jierson 
therein  named  to  drive  the  vehicle  or  vehicles  therein  named  and 
specified  foi‘  the  period  of  one  year  ; hut  no  such  license  shall  he 
transferable  Avithout  the  consent  of  the  re<>;ister,  endorsed  in 
Avriting  thereon,  specifying  the  name  of  the  jierson  to  Avhom 
transferred  ; and  no  person  other  than  the  one  so  license<l  shall  he 
alloAved  to  act  under  said  license. 


Iiisjjoctor  of  vo- 
liiclen  to  be  ap- 
pointed ; <]ntieti 
of  inspector 


Drivers  liable 
on  refusing  to 
disclose  owners. 


Power  of  in- 
spector to  arrest 


Compensation  of 
inspector. 


His  bond. 


Animals  not  to 
be  used  without 
license. 


Penalty, 


Incense  to  drive 
licensed  vehicle. 


T.icense  not 
transferable.' 


.584 


PUBLIC  CARRIERS. 


I)rivor_  to  wear 
badge. ' 


No  party  not  li- 
censed to  wear 
ba<lge 


Preceding  sec- 
tion not  to  apply 
to  certain  par- 
ties. 


Sprinkling-carts 
to  have  name  of 
owners  on. 


Other  vehicles 
to  have  name  of 
owner  on. 


Penalty 


Sec.  22.  The  license  so  issued  shall  correspond  in  number 
with  the  licensed  vehicle  or  vehicles  authorized  thereby  to  be 
driven  ; and  the  person  so  licensed  as  driver,  as  also  the  person  in 
whose  name  any  such  vehicle  shall  or  may  be  licensed,  shall 
procure  a leather  or  metallic  badge,  upon  which  shall  be  painted 
or  engraved,  in  conspicuous  figures,  the  number  of  the  vehicle 
such  person  is  then  engaged  in  driving,  which  badge  shall  be 
worn  at  all  times,  when  engaged  in  driving  such  vehicle  or  in 
endeavoring  to  procure  persons  or  property  for  transportation,  in 
a conspicuous  place,  upon  their  hat  or  cap,  so  as  to  be  easily  seen 
by  all  persons  transacting  business  with  them ; and  no  person  not 
so  licensed,  either  as  owner  of  such  vehicle  or  as  such  driver, 
shall  wear  such  badge  or  number. 

Sec.  23.  The  provisions  of  the  preceding  section,  except  so 
much  thereof  as  relates  to  the  numbering  of  the  license,  shall  not 
apply  to  the  owners  or  drivers  of  hackney  carriages  or  furniture 
cars,  except  the  owners  or  persons  having  charge  of  any  hackney 
carriage,  cab,  or  cabriolet,  occupying  any  stand  upon-  the  levee 
or  at  any  railroad  station  in  the  city,  or  that  are  used  specially  to 
convey  passengers  to  or  from  said  railroads  or  levee. 

Sec.  24.  It  shall  be  the  duty  of  the  owner  or  owners  of  every 
cart  or  vehicle  used  in  sprinkling  streets  in  the  city,  or  in  hauling 
water  for  other  purposes,  to  cause  the  name  [or  names]  of  such 
owner  or  owners  to  ])e  prominently  placed  on  such  cart  or  vehicle, 
in  large  and  distinct  figures  ; such  number  on  each  as  the  register 
of  water-rates  shall  direct.  The  owner  or  owners  of  any  carts  or 
vehicles  that  are  now,  or  hereafter  may  be,  licensed  l)y  the  city 
of  St.  Louis,  shall  place  in  some  conspicuous  position  on  their 
carts  or  vehicles,  in  addition  to  the  number  provided  for  by 
ordinance,  their  name  or  names,  painted  in  prominent  letters,  not 
less  than  one  and  one-half  inches  in  size;  and  for  every  cart  or 
vehicle  so  used,  without  tlie  name  and  number  as  aforesaid,  tlie 
owner  or  owners  thereof  shall  forfeit  and  pay  to  the  city  a fine  of 
not  less  than  twenty  nor  more  than  one  hundred  dollars  for  each 
such  cart  or  vehicle  ; the  same  to  be  recovered  as  in  case  of  other 
violations  of  the  city  ordinances. 


rUIVLTC  CARHTERS. 


535 


ARTICLE  II. 

Stands  for  T^diicles. 

Section  1.  It  shall  be  the  duty  of  the  street  inspectors  in  street  inspect- , 
their  respective  districts  to  select  and  designate  suitable  and  stands  for  vehi- 
convenient  places,  and  parts  of  streets  and  avenues,  as  stands  for 
coal-wagons,  wood-carts,  furniture-cars,  hackney  carriages,  cabs, 
cabriolets,  and  other  vehicles,  which  usually  occupy  parts  of  the 
public  streets  and  avenues  by  their  own  owners,  temporarily,  for 
the  purpose  of  making  sales  or  seeking  employment. 

Sec.  2.  The  selection  and  designation  of  stands,  required  to  Proceedings  in 
be  made  in  the  preceding  section,  shall  be  made  in  writing,  on  or  stands, 
before  the  first  day  of  January  in  each  year,  and  be  submitted  to  ^ 
the  mayor  for  his  approval ; and,  if  such  selections  and  designa- 
tion shall  be  approved  by  the  mayor,  a copy  thereof  shall  be 
filed  in  the  office  of  the  city  engineer;  and  any  changes  that  changes  to  be 
the  street  inspectors  may  find  it  necessary  to  make  in  their  mayor, 
respective  districts,  with  a view  to  public  convenience,  shall,  in 
like  manner,  be  submitted  to  the  mayor ; and,  if  approved,  a 
copy  shall  be  filed  in  the  office  of  the  engineer. 

Sec.  3.  It  shall  ])e  the  duty  of  the  street  inspectors,  each  for  Places  of  stands 

, . T • IT  1 • ^ 1 1 to  be  published. 

Ills  own  district,  to  puolisli,  twice  each  ycai*,  ()y  at  least  fifty 
handbills  posted  in  conspicuous  and  most  public  places  through- 
out their  respective  districts,  a list  or  brief  description  of  the 
streets,  parts  of  streets,  or  places  selected  and  designated  as 
stands  for  the  purposes  specified  in  the  preceding  sections  of  this 
ordinance. 

Sec.  4.  No  stand  for  any  .coal-wagon,  cart,  or  other  vein- uirections  con- 
cle  used  for  the  carrying  of  coal,  or  for  any  Avood-cart,  shall  forveiucies!'^  ** 
be  selected  on  any  street,  lane,  or  avenue  of  this  city  east  of 
Sixth  street  and  betAveen  Franklin  avenue  and  Elm  street;  nor 
on  any  street  cast  of  BroadAvay  and  between  Cherry  street  and 
Biddle  street;  nor  on  BroadAvay,  betAveen  Franklin  avenue 
and  Biddle  street ; nor  on  any  street,  lane,  or  avenue  east  of 
Fourth  street,  betAveen  Elm  street  and  Blum  street;  nor  on 
Second  street,  lietAvccn  Spruce  street  and  Wood  street ; nor 
shall  any  stand  be  selected  for  furniture-cars,  hackney  car- 
riages, calls,  or  caliriolets,  on  any  street,  lane,  or  avenue  east 
of  Fourth  ^street,  betAveen  Elm  street  and  Franklin  avenue. 


586 


PUBLIC  CARRIERS. 


Owners  of  vehi-  Sec.  5.  It  sliall  bc  tliG  diitv  of  all  owners,  drivers,  or  other 

cles  to  occupy  _ .j  i i 

sunas  desigiiat- persons  in  charge  ol  any  wood-cart,  coal-wagon,  cart,  or  other 
vehicle  used  for  the  conveyance  of  coal,  or  offering  the  same  for 
sale  in  the  city,  to  occupy  with  their  wagons,  carts,  or  other 
vehicles,  the  stand  or  stands  which  shall  be  selected  and  desia’- 
nated  by  the  street  inspector  in  pursuance  of  this  ordinance ; and 
No  other  place  sucli  coal-wagons,  carts,  or  other  vehicles,  shall  not  be  allowed  to 
as  stand.  Stand,  1101’  sliall  coal  be  offered  for  sale  or  sold  from  any  wagon, 
cart,  or  other  vehicle,  in  any  street,  lane,  or  avenue,  except  such 
as  shall  be  designated  as  aforesaid;  nor  shall  any  furniture-car, 
hackney  carriage,  cab,  or  cabriolet,  occupy  any  part  of  any  street, 
lane,  or  avenue,  as  stands,  except  the  places  selected  and  desig- 
penaity.  nated  for  that  purpose  ; and  every  owner  of  any  such  wagon,  cart, 
or  other  vehicle,  or  his  agent,  driver,  or  person  in  his  employ,  or 
the  owner,  agent,  driver,  or  person  in  charge  of  any  furniture 
car,  hackney  carriage,  cab,  or  cabriolet,  within  the  purview 
hereof,  who  shall  violate  any  of  the  provisions  of  this  ordinance 
or  any  of  the  rules  and  regulations  made  in  pursuance  thereof, 
shall  be  liable  and  subjected  to  a fine  of  not  less  than  five  dollars 
and  not  exceeding  fifteen  dollars  for  each  and  every  offense,  to 
be  sued  for  and  recovered  before  the  city  recorder,  as  in  other 
Coal  may  be  sold  cases  of  bi’eacli  of  city  ordinance:  Provided^  that  nothing  in  this 
scafes.^^*^  ordinance  shall  be  so  construed  as  to  prevent  the  selling  ol  any 
coal  while  at  the  weigh-scales,  or  while  passing  to  or  from  any  of 
the  stands  which  may  be  selected  in  pursuance  hereof. 

Stands  for  vehi-  Sec.  6.  So  mucli  of  Bi’oadway  as  lies  between  the  north  side 
feed.  " of  Bates  street  and  the  south  side  of  Mullanpliy  street  is  hereby 
set  apart  and  established  as  the  only  stand  for  vehicles  used  in 
carrying  long  feed  for  horses  and  cattle,  to-wit : hay,  straw, 
fodder,  and  similar  articles  ; that  part  of  Twelfth  street  lying 
between  Market  and  Chesnut  streets,  and  between  Olive  street 
and  Washington  avenue,  is  hereby  set  apart  and  established  as  a 
stand  for  said  vehicles  ; that  part  of  Fifth  street  lying  between 
Hickory  street  and  Park  avenue  is  hereby  set  apai*t  and  estab- 
lished as  the  only  stand  for  said  vehicles  in  the  southern  jiart  of 
the  city  ; and  that  part  of  Broadway  lying  between  Howard  and 
West  Brooklyn  streets  is  hereby  set  apart  and  established  as  the 
only  stand  for  said  vehicles  in  the  northern  part  of  the  city.  All 
persons  l)ringing  such  long  feed  in  vehicles  to  this  city  for  sale 


viuMAC  caiu{ii<:rs. 


in  7 


are  rc({uirc(l  to  occupy  one  of  said  stands,  under  penalty  of  not  ronaiiy. 
less  than  five  nor  more  tlian  ten  dollars. 

Seo.  7.  A S})ace  of  at  least  forty  feet  front,  and  along  the  cortain  space 

1 Till  1 111  1 OCCU- 

curbstonc,  shall  be  reserved  on  fourth  street  and  on  Market  lUedhy vehicles, 
street,  opposite  the  entrance  on  skid  streets  to  the  court-house, 
which  shall  not  be  occupied  by  any  of  the  vehicles  enumerated  in 
the  ordinance  to  which  this  is  amendatory  ; nor  shall  said  space  street  inspector 
be  obstructed  in  any  manner  whatever  ; and  it  is  hereby  made  the 
special  duty  of  the  street  inspector  of  the  ward  in  which  the 
court-house  is  situated  to  see  that  this  section  is  enforced  ; and  Penalty 
any  person  violating  the  same  shall  be  fined  five  dollars  for  every 
such  offense. 


to  enforce  this 
ion. 


ARTICLE  III. 

Transfer-  Wagons. 

Section  1.  There  shall  be  levied  an  annual  tax  upon  all  wagons  Tax  for  transfer 
(usually  termed  transfer-wagons”)  used  for  the  transportation 
of  merchandise  or  property  from  tlie  railroads  terminating  in  or 
near  the  city  to  places  within  the  city,  or  from  places  within  tlie 
city  to  said  railroads  — on  all  two-horse  wagons,  fifteen  dollars; 
on  all  four-horse  wagons,  twenty  dollars. 

Sec.  2.  The  owner  or  owners  of  said  transfer-wagons  shall  Owners  to  make 
state  annually,  undei'  oath,  before  the  city  I’egister,  what  number 
of  wagons  are  ke})t  by  them. 

Sec.  8.  Any  owner,  driver,  or  person  in  charge  of  any  vehicles  penalty  tor 
mentioned  in  the  first  section  of  this  article,  which  shall  be  used  wagon  without 

. .1  T n 1 • license. 

in  the  trans})ortation  of  property  without  a license  first  lieing 
obtained  therefor,  shall  be  subject  to  a fine  of  not  less  than  five 
nor  more  than  one  hundred  dollars. 


ARTMCLE  IV. 

Re  filial  ions  and  Penalties. 

Section  1.  Every  owmer,  driver,  or  other  person,  having  pcaity  for 
charge  of  any  hackney  carriage,  cab,  cabriolet,  baggage-wagon,  cessWe^fai'e" 
or  other  vehicle,  Avho  shall  extort,  exact,  charge,  demand,  or 
receive  as  compensation  any  sum  for  the  use  or  hire  of  any 
such  vehicle  exceeding  the  compensation  allowed  by  ordinance. 


088 


PUBLIC  CARRIERS. 


Party  convicted 
not  entitled  to 
new  license. 


Duty  of  clerk  of 
police  court  to 
report  certain 
conviction. 


Duty  of  register 
after  such  con- 
viction. 


Parties  applying 
for  license  to  be 
examined. 


Penalty  against 
officers  falling  to 
carry  out  this  or- 
dinance. 


shall,  on  conviction  thereof,  be  adjudged  guilty  of  a inisde- 
ineanor,  and  fined  not  exceeding  one  hundred  dollars  nor  less 
than  twenty-five  ; and,  in  addition  thereto,  the  license  of  such 
vehicle,  in  whosesoever  name  the  same  may  have  been  granted, 
shall  be  declared  forfeited  to  the  use  of  the  city. 

Sec.  2.  Any  owner,  driver,  or  other  person,  convicted  of  a 
violation  of  the  first  section  of  this  article,  shall  not  be  again 
entitled  to  obtain  a new  license  for  any  vehicle  mentioned  in  this 
ordinance,  of  which  he  may  be  the  owner  or  driver,  or  of  which 
he  may  have  control,  for  the  term  of  five  years  from  the  date  of 
such  conviction. 

Sec.  8.  It  shall  be  the  duty  of  the  clerk  of  the  police 
court,  upon  any  person  being  convicted  of  a violation  of  the 
provisions  of  this  article,  to  make  a written  return  within  two 
days  thereafter  to  the  city  register,  giving  the  date  and  the  name 
of  the  person  so  convicted;  also,  the  number  of  the  vehicle  of 
which  he  may  be  the  owner  or  driver  ; and  thereupon  it  shall  be 
the  duty  of  the  city  register  to  enter  the  same  in  a book,  to  be 
by  him  kept  for  that  purpose,  which  book  sliall  be  open  at  all 
times  to  public  inspection,  on  application  ; and  upon  any  person 
or  persons  applying  for  a license  for  any  hackney  carriage,  cab, 
cabriolet,  baggage-wagon,  or  other  vehicle,  it  shall  be  the  duty 
of  the  city  register,  before  issuing  a license  to  such  person  or 
persons,  to  examine  such  person  or  persons  under  oath  ; and  if  it 
l)e  found,  on  such  examination,  that  such  person  or  persons  was, 
at  any  time  within  five  years  before  making  such  application, 
convicted  of  violating  any  of  the  provisions  of  tliis  ordinance,  the 
register  shall  refuse  to  issue  a license  to  such  person  or  persons. 

Sec.  4.  Any  officer  whose  duty  it  shall  be  to  enforce  the 
provisions  of  this  ordinance,  and  who  shall  willfully  connive, 
refuse,  or  fail  to  perform  the  same,  shall,  on  conviction,  be 
adjudged  guilty  of  a misdemeanor,  and  fined  not  exceeding  one 
hundred  dollars  and  not  less  than  fifty  dollars. 


ARTICLE  V. 


Co7ice7'7imu;  St7'eel  Passcn^^cr  Pall waijs. 

Who  subject  to  Section  1.  Every  person,  corporation,  company,  or  copartner- 

tills  article* 

ship,  engaged  in  the  business  of  trans})orting  passengers  from  aii}^ 
one  point  to  any  other  point  within  this  city,  for  hire,  on  strt'et 


VVmAC  CAKKIKRS. 


539 


railways,  sliall  1)0  subject  to  all  the  coiiditious,  sti})ulatioiis,  and 
restrictions  of  this  article. 

Sec.  2.  The  following  rules  and  regidations  concerning  the 
running  of  street-railway  cars  shall  he  hinding  upon  every  person, 
corporation,  company,  or  copartnership,  taking  out  license  under 
the  provisions  of  this  ordinance : 

First — No  cars,  when  not  in  actual  use  for  passenger  travel, 
shall  be  kept  standing  on  any  street  or  other  public  thorough- 
fare. 

Second — No  car  shall  be  draAvn  at  a greater  speed  than  six 
miles  an  hour. 

Ttiird — While  any  car  is  turning  the  corners  from  one  street 
to  another,  the  horses  or  mules  shall  not  be  driven  faster  than 
a walk. 

Fourth — Cars  driven  in  the  same  direction  shall  not  approach 
each  other  Avithin  a distance  of  three  hundred  feet,  except  in  case 
of  accident,  or  Avhen  it  may  be  necessary  to  connect  tAvo  cars 
together,  or  at  stations  ; and,  upon  the  approach  of  any  car  to  a 
distance  of  fifty  feet  or  less  from  any  vehicle,  the  conductor  or 
driver  of  such  car  shall  notify  the  driver  or  person  in  charge  of 
said  vehicle  to  vacate  the  track ; and  if,  after  a sullicient  time  has 
elapsed  to  enable  the  driver  or  })erson  in  charge  of  said  vehicle 
aforesaid  to  com})ly  Avith  such  notification,  he  fails  to  do  so,  it 
shall  be  the  duty  of  the  conductor  of  said  cai-  to  fortlnvith  ascer- 
tain the  cause  of  such  detention;  and,  if  the  delay  shall  be  the 
result  i)f  any  accident  to  said  vehicle  or  horses  attached  thereto, 
the  conductor  as  aforesaid  shall  render  such  aid  as  may  be  neces- 
sary for  the  removal  of  the  cause  of  such  detention ; but  in  no 
event  shall  this  ordinance,  or  any  part  thereof,  be  so  construed  as 
to  sanction  oi*  allow  a Avillful  or  Avanton  collision  Avith  any  private 
vehicle  on  the  track  of  any  such  i-ailway  lines;  and  any  person,  cor- 
poration, company,  or  co})artnership,  so  offending,  shall  be  liable 
to  a penalty  of  not  less  than  tAventy-five  dollars,  to  be  recovered 
by  suit  against  such  offending  party,  in  the  name  of  the  city, 
anything  in  section  fifth  of  this  ordinance  [article]  to  the  con- 
trary notAvithstanding. 

Fifth — No  car  shall  be  alloAved  to  stop  on  a crossAvalk,  nor 
in  front  of  any  intersecting  street,  except  to  avoid  collision  or  to 
prevent  danger  to  persons  in  the  street.  This  section  shall  not 


Regulations  for 
running  street 
cars. 


Xo  cars  permit- 
ted to  stand  on 
street. 


Speed  of  cars. 


Speed  in  turn- 
ing. 


Cars  not  to  ap- 
proach within 
certain  dis- 
tance. 


Car  approaching 
vehicle  to  give 
notice. 


Duty  of  conduct- 
or, if  vehicle 
fails  to  leave 
track. 


Penalty  for  vio- 
lation of  this 
section. 


Cars  not  to  stop 
on  crosswalks. 


540 


I'UBLIC  CARRIERS. 


Whore  cars  to 
stop. 


Duty  of  conduct- 
ors and  drivers 
of  cars  to  watch. 


Ladies  or  chil- 
<lren  not  to  leave 
car  while  in  mo 
tion. 

Conductor  to  an- 
nounce names  of 
streets . 


Cars  to  he  pro- 
vided with  sig- 
nal lights. 

Cars  entitled  to 
track. 


Penalty  for  ob- 
structing cars. 


Proceedings  to 
secure  repair  of 
tracks. 


Penalty  for  re- 
fusing to  repair 
track 


lie  SO  construed  us  to  ])revent  any  car  from  stopping  upon  any 
switch  that  may  be  at  the  intersection  of  streets. 

Sixth — When  any  car  shall  be  i*e({uire(l  to  stop  at  the  intersec- 
tion of  streets  to  receive  or  leave  passengers,  it  shall  be  stopped 
so  as  to  leave  the  rear  platform  partly  over  the  crossing. 

Seveiith — The  conductor  and  driver  of  each  car  shall  keep  a 
vigilant  watch  for  all  vehicles,  and  persons  on  foot,  especially 
children,  either  on  the  track,  or  moving  towards  it ; and,  on  the 
first  appearance  of  danger  to  such  vehicles  or  persons,  the  car 
shall  be  stopped  in  the  shortest  time  and  space  possible. 

Eighth — The  conductor  shall  not  allow  ladies  or  children  to 
leave  or  enter  the  cars  while  the  same  are  in  motion. 

J\'*lnth — Conductors  shall  announce  to  the  passengers  the  names 
of  the  streets,  or  the  place  where  the  cars  connect  with  or  inter- 
sect any  raihvay  track. 

Tenth — The  cars,  after  sunset,  shall  be  provided  with  signal 
lights. 

Eleventh — The  cars  shall  be  entitled  to  the  track,  and  any 
vehicle  upon  the  track  shall  turn  out  when  any  car  conies  up,  so 
as  to  leave  the  track  unobstructed ; and  the  driver  of  any  vehicle 
refusing  to  do  so,  wdien  recpiested  by  the  driver  of  any  car,  shall 
be  liable  to  a fine  of  not  less  than  three  dollars,  to  be  recovered 
before  the  city  recorder  ; Provided^  that  persons  moving  any 
articles  from  or  to  any  vehicle  shall  be  allowed  a reasonable  and 
sufficient  time  to  load  or  unload  the  same. 

Sec.  3.  Whenever  any  part  of  the  street  lietween  the  rails  of 
the  track  of  any  street  railroad  in  the  city,  or  within  a space  of 
two  feet  outside  of  the  rails,  or  any  culvert  constructed  by  said 
company,  shall,  in  the  opinion  of  the  city  engineer,  be  out  of 
repair  or  in  bad  condition,  the  city  engineer,  with  the  sanction  of 
the  mayor,  shall  notify  the  president  and  superintendent  of  the 
respective  railroad  company  forthwith  to  cause  the  same  to  l)c 
repaired  and  put  in  good  condition  ; and  if  such  company  shall 
fail  or  refuse  to  obey  such  notice,  then  the  city  engineer  shall 
cause  the  necessary  work  to  be  done,  and  he  shall  certify  the  cost 
thereof,  which  shall  be  paid  by  the  company;  and,  for  refusing  to 
pay  any  bill  so  certified,  the  res})ectivo  company  shall  ]>o  ])i-ose- 
cuted  before  the  recorder,  and,  on  conviction,  shall  be  fined  tlie 
amount  ot‘  such  bill,  together  witli  twenty  pei*  centum  added 


]>UBLIC  CAin^lERS. 


tlicrcto,  not  exceeding,  however,  five  hundred  dollars  In  any 
one  case. 

Skc.  4.  Whenever  ci’osswalk  shall  he  constructed  hy  Proceedinj?  to 

^ secure  payment 

authority  of  any  ordinance  or  order  of  the  city  across  any  street  for  ciosswaiks. 

upon  which  any  railroad  track  is  located,  the  city  engineer  shall 

notify  the  railroad  company  whose  track  is  so  located  on  such 

street  to  lay  so  much  of  the  crosswalk  as  may  be  between  the 

rails  and  two  feet  outside  of  the  rails ; and,  on  the  refusal  of 

the  company  to  do  said  work,  the  city  engineer  shall  proceed  to 

have  the  same  done,  and  the  cost  thereof  certified  and  collected 

in  the  manner  set  forth  in  the  preceding  section. 

Sec.  5.  Any  person,  corporation,  company,  or  copartnership, 
violating  any  of  the  provisions  of  the  foregoing  sections,  shall  sections, 
be  subject  to  a penalty  of  ten  dollars  for  each  and  every  such 

violation,  to  be  recovered  by  suit  against  any  such  offending 

party  in  the  name  of  the  city. 

Sec.  G.  The  city  of  St.  Louis  shall  not  be  held  liable  to  any  city  not  uabie 

,,  • T • 1 1 e 1 1 • f for  certain  dam- 

railway  compau}",  or  individuals,  tor  any  damage  resulting  from  ages. 

the  breaking  of  any  sewer,  or  any  water  or  gas  pipes,  or  from 

any  delay  in  the  transportation  of  })ersons  that  may  be  caused 

thereby,  or  from  delays  or  damages  caused  by  fires  or  otherwise; 

but  any  such  railway  comiiany  or  individuals  shall  be  liable  for  p«"iranies  ua- 

any  loss  or  injury  that  any  person  may  sustain  by  reason  of  damages. 

any  carelessness,  neglect,  or  misconduct  of  their  servants  or 

agents,  in  the  management,  construction,  or  use  of  their  track 

or  cars. 

Sec.  7.  No  iirivilcge  or  aiithoritv  hereby  granted  shall  lie  so  Privileges  of 

. .'^,.'•11  • e railroads 

construed  as  in  any  manner  to  interfere  with  the  operations  of  not  to  interfere 

^ ^ _ with  tire  depart- 

the  lire  department  of  the  city.  ILit  in  all  instances,  in  case 

of  fire,  the  use  of  the  streets  where  railroad  tracks  are  laid  shall  vJd  urtue 

be  subservient  to  the  necessities  of  the  fire  dejiartment.  department. 

Sec.  8.  Vehicles  driving  in  the  direction  of  the  cars  unoii  any  certain  vehicles 
street  railway  shall  be  entitled  to  the  track  used  by  the  cars 
running  in  that  direction.  ■». 

Sec.  0.  No  vehicle  driving  in  a contrary  direction  shall  use  penaityforusing 

, , ...  ...  ....  track  without 

such  track,  except  for  the  purpose  of  crossing  or  avoiding  other  authority, 
vehicles  that  may  be  in  the  way  ; and  any  driver  violating  the 
jirovisions  of  this  section  shall  be  liable,  on  conviction  thereof,  to 
pay  a fine  of  not  less  than  three  dollars. 


54‘2 


PUBLIC  CARRIERS. 


Cars  piititled  to 
track  in  i)rpfer- 
ence  to  vehicles. 


Tax  of  certain 
railroad  com- 
panies. 


Price  of  tickets 
tixed. 


Officers  of  com- 
pany to  make 
oath. 


Tax  to  be  for 
number  of  ears 
run. 


Acceptance  of 
company  lo  be 
tiled. 


Conditions  of 
acceptance. 


Sec.  10.  Notliiiig  contained  in  tlic  preceding  two  sections 
shall  lie  construed  as  in  anj  manner  interfering  with  the  rights  of 
the  passenger  cars  upon  such  track,  or  as  entitling  any  vehicle  to 
any  track  in  preference  to  any  such  car,  without  regard  to  the 
direction. 

ARTICLE  VI. 

Tax  on  Strect-liailroad  Cars. 

Section  1.  The  St.  Louis-  railroad  company,  the  Missouri 
railroad  company,  the  Citizens’  railway  company,  and  the  Peo- 
ple’s railway  company,  hereafter,  in  addition  to  the  tax  required 
to  be  paid  by  State  revenue  hiAv,  shall  each,  for  and  during  the 
term  of  five  years  from  the  approval  of  this  ordinance,  pay  to 
the  city  of  St.  Louis  an  annual  license  of  twenty -five  dollars  for 
each  car  regularly  run  over  the  respective  roads  of  said  compa- 
nies ; and,  as  a further  consideration  of  the  privileges  granted, 
said  companies  shall  prepare  and  keep  on  hand  for  sale,  and  shall 
sell  to  any  citizen  applying  during  business  hours,  passenger 
tickets  in  packages  of  tAventy-five  for  one  dollar,  and  also  chil- 
dren’s tickets,  for  the  use  of  children  not  exceeding  twelve  years 
of  age,  in  packages  of  forty  for  one  dollar,  and  shall  continue  to 
keep  and  sell  tickets  at  the  rate  named  during  said  term  of  five 
years. 

Sec.  2.  The  president  or  superintendent  of  said  respective 
companies  shall  return,  under  oath,  the  number  of  cars  run  regu- 
larly each  day  during  tlie  year,  and  these  shall  be  added  together 
and  divided  by  the  number  of  days  in  the  year,  and  the  number 
thus  given  shall  be  charged  with  the  license  al)ove  provided  for, 
and  the  amount  thus  ascertained  shall  be  paid  by  said  company. 

Sec.  8.  This  ordinance  shall  not  take  effect  as  to  any  of  the 
companies  herein  named  unless  such  company  shall  file  Avitli  the 
city  comptroller  the  acceptance  of  the  company,  Avhicli  accept- 
ance shall  state  that,  in  consideration  of  the  provisions  of  this 
ordinance,  said  company  agrees  to  pay  the  annual  license  of 
twenty-five  dollars  for  each  car  regularly  run  on  their  i-oad,  to  be 
ascertained  as  hereinbefore  provided  for,  and  during  said  term  of 
five  years  ; that  said  company  Avill,  during  said  term  of  five  years, 
keep  on  hand  for  sale,  and  sell  to  any  citizen,  during  business 
hours,  passenger  tickets  in  packages  of  twenty-five  for  one  dollar, 


CAKKIERS. 


r>4‘-^ 


aiul  eliildreii’s  tickets,  for  tlic  use  of  cliildroii  not  exceeding 
twelve  years  of  age,  })ackages  ofc'  fort}^  for  one  dollar  ; Avliich 
acceptance,  when  filed,  shall  constitute  a contract  between  the 
citv  and  said  compan}^  for  and  during  said  term  of  five  years. 

Sec.  4.  In  case  any  of  the  companies  mentioned  in  the  first  faii- 

, iiig  to  pay  li- 

sectioii  of  this  ordinance  [article]  shall  fail  or  refuse  to  pay  the  cense, 
license  provided  for  in  said  section  ten  days  after  the  time 
provided  for  in  the  second  section  of  this  ordinance,  [article] , 
then  every  such  company  shall  be  subject  to  an  annual  license  of 
one  hundred  dollars  for  each  and  every  car  owned  and  used  by  Duty  of  register 

1 1 • 1 n 1 1 1 e 1 ' • • 1 e M Oil  failure  to  pay 

them  ; audit  shall  be  the  tluty  or  the  city  register,  upon  the  failure  license, 
of  every  such  company  to  pay  the  license  lierein  last  specified  within 
ten  days  after  notice  from  the  register  that  the  same  is  due  and 
payable,  to  report  tlie  names  of  the  delimpients,  and  the  amount 
due  by  them  respectively,  to  the  city  comptroller,  who  shall  there- 
upon forthwith  cause  suit  to  be  brought,  or  other  proper  steps  to  comptroller  to 

° , . . . ^ ^ . cau.se  suit  to  be 

be  taken,  to  recover  the  same  ; and  any  failure  of  said  companies  brought 
to  pay  the  license  last  specified  shall  amount  to  a forfeiture  of 
this  contract. 

Sec.  5.  This  ordinance  [article]  shall  not  affect  the  provisions  tius  ordinance 

_ _ _ _ r ^ not  to  all'ect  cer- 

of  the  several  ordinances  reipiiring  said  companies  to  repair  and  tain  provisions, 
pave  that  portion  of  the  streets  occujiied  by  them,  including  two 
feet  outside  of  the  track. 


ARTICLE  VII 
Public  Portirs. 


Section  1.  Any  person  designing  to  exercise  the  Imsiness  of  a 
public  porter  shall  make  proof  to  the  mayor  that  he  is  a man  of 
good  moral  character  and  sober  haliits,  and,  upon  obtaining  the 
certificate  of  the  mayor  that  sucli  proof  lias  been  made  to  him, 
shall  pay  to  the  city  register  the  sum  of  five  dollars,  and  execute 
to  the  city  a bond,  with  sufficient  security,  to  be  approved  by 
the  register,  in  the  sum  of  two  hundred  dollars,  conditioned  for 
the  faithful  performance  of  his  duties,  and  the  delivery  of  all 
jiroporty  and  things  intrusted  to  him  to  be  transported,  and  the 
payment  of  all  damages  which  mayAiccriie  to  any  person  by  his 
negligence  in  the  discharge  of  his  duties,  or  his  failure  or  refusal 
to  perform  them;  and  the  city  register  shall  deliver  to  him  a 


Procofdiugs  to 
obtain  liciMisc 
as  public  porter' 


544 


PUBLIC  CyVPvRIEBS. 


Parlors  to  wear 
badges. 


Hate  of  fare  for 
porterage. 


Penalty  for  vio- 
lating provis- 
ions of  this  ar- 
ticle. 


Penalty  for  us- 
ing hand-barrow 
or  badge  unli- 
censed. 


license  to  act  as  a public  porter  for  one  year,  and  designate  tlie 
number  wliicli  be  shall  use  in  his  said  business. 

Sec.  2.  Every  licensed  public  porter  shall  wear  a badge,  in  a 
conspicuous  place  about  his  person,  on  Avliich  shall  be  printed  his 
name  and  the  number  given  him  by  the  register  as  aforesaid. 

Sec.  3.  Every  licensed  public  porter  shall  be  entitled  to 
receive  for  conveying  a load  on  a wheelbarrow,  handbari’ow,  or 
handcart,  any  distance  not  exceeding  six  blocks,  twenty  cents  ; 
any  distance  more  than  six  blocks,  at  the  rate  of  twenty  cents 
for  six  blocks. 

Sec.  4.  Any  public  porter  who  shall  fail,  neglect,  or  refuse, 
Avhen  re(|uired  to  transport  any  article,  unless  such  porter  shall 
be  at  the  time  actually  otherAvise  employed,  or  Avho  shall  fail  to 
Avear  the  badge  provided  for  in  the  second  section  of  this  ordi- 
nance [article],  shall  be  liable  to  a fine  of  not  less  than  one  nor 
more  than  tAventy  dollars. 

Sec.  5.  No  public  porter  shall  suffer  or  permit  any  other 
person  than  himself  to  carry  an^^  article  in  his  Avheel  or  hand 
barroAV,  or  handcart,  or  to  wear  his  badge,  under  penalty  of  a 
fine  of  not  less  than  one  nor  more  than  twenty  dollars. 

Approved,  August  18,  1864. 


[No.  5428.] 

R E G 1 S T E R . 


AN  ORDINANCE  IN  RELATION  TO  THE  CITY  REGISTER. 


Accounts^  roorister  to  render  to 

auditor,  Avlien § 9 

Attorney  (eity),  register  to  fur- 
nish records  and  documents 

to 1 

Auditor^  reg'ister  to  deliver  cer- 
tain receipts  to G 

to  draw  retpdsitions  on  for 

certain  expenses 8 

ref^ister  to  render  accounts  to, 

Avhen 9 

lilanl;  eertificates ^ reydster  to  fnr- 

nisli  to  certain  ollicers 5 

to  ke(‘p  re^^ister  of 5 

lilank  licenses^  re^ist(*r  to  i)ro- 

cure,  attest,  etc 4 


Pdank  licenses,  to  keep  reglstei’  of  g 4 
Hooks,  re»’ister  to  ])rocaire  for 

certfiin  otli(;ers 7 

expenses  for,  Iioav  paid  8 

Bonds,  reo^ister  to  record 12 

Certificates , blank  [see  Idank  cer- 
tificates) . 

City  'officers,  re»’ister  to  furnish 

' sfatioiKM'v.  etc.,  for 7 

Collectors,  rt'^ister  to  furnish 

blanks  to 4 

Commissions,  rc'i^ister  to  ])r(‘par(‘ 

and  att{*st 8 

to  kt'cp  r(\L>;ist(‘r  of. 8 

Common  council , rc'^ister  to  fur- 
nish stationery,  etc.,  for 7 


REGISTER. 


545 


Coimnon  seal  (see  seal) . 

Contincjent  fand,  certain  expenses 

cliarifeul)l('  to g 8 

Counselor  (city),  rc'^’ister  to  fur- 
nish records  and  docninents 

to 1 

Documents^  certtun,  register  to 

have  custody  of....... ] 

certain,  register  to  .seal  and 

certify....! 1 

ofiicial,  register  to  })repare 

and  authenticate 3 

ofiicial.  register  to  keep  regis- 
ter of. 3 

Expenses  for  stationery,  fuel  ^ etc., 

for  city  officers,  how  paid....  8 
Fuel,  register  to  furnisli  for  cer- 

tain"  ofiicers 7 

expenses  of,  liow  paid 8 

Furniture,  register  to  furnish  for 

certain  officers 7 

expenses  for,  how  paid 8 

Harbor-ma ster , register  to  fur- 
nish blank  certificates  to 5 

Instruments , i)ubiic,  register  to 
authenticate 1 


Licenses,  blaidv  (see  blank  li- 
censes) . 

Lumber  - measurers , register  to 
furnish  blank  certificates  to  5 
Mayor,  official  acts  of,  register 


to  authenticate 1 

registei-  to  furnish  stationery, 

fuel,  etc.,  for 7 

register  to  pay  postage  for.....  7 

Official  acts  of  mayor,  register  to 

authentic.ate 1 

documents,  register  to  pre- 
]>are  and  attest 3 


Official  acts  ofma.yor,  documents, 
register  to  keel)  register  of...  2 


Ordimmces , regist(‘r  to  have  cu.s- 

tody  of  original  rolls  of 1 

register  to  cause  to  be  pub- 

lish(*d,  etc 10 

regisbii-  to  keep  record  of  titles 

of. 11 

Papers,  certain,  register  to  have  . 

custody  of 1 

certain,  register  to  authenti- 
cate  1 

Public  record,  register  to  have 

custody  of 1 

Public  instruments,  legister  to 

authenticate 1 

Record,  public,  register  to  have 

custody  of. 1 

register  to  furni.sh  to  counselor 

oi-  attorney 1 

of  titles  of  ordinances,  register 

to  keep 11 

Register  (city),  powers  and  du- 
ties of...'. 1—12 

Resolutions , register  fo  have  cus- 
tody of 2 

Seal  (city),  register  to  have  cus- 
tody of 1 

to  affix  to  public  instruments  1 

description  of 2 

to  be  accompanied  by  attesta- 
tion of  register 2 

Stationery,  register  to  procure 

for  certain  officers 7 

expenses  for,  how  paid 8 

Weighers  of  hay  and  stone-coal , 
register  to  furnish  l)lanks 
to , 5 


Be  il  ordained  by  the  Cononon  Council  of  the  City  of  St. 

Louis : 

Section  1.  Tlio  city  register  shall  have  the  custody  of  the  duUos  of  regu- 
city  seal,  the  public  record,  the  original  rolls  of  ordinances  and 
joint  resolutions  of  the  city  council,  and  such  other  papers, 
recoi'ds,  and  documents  as  may  he  delivered  into  his  custody.  He 
shall  affix  the  city  seal  to  all  public  instruments  or  official  acts 
of  the  mayor  which,  by  law  or  ordinance,  are  recpiircd  to  be 
attested  by  the  city  seal,  and  countersign  the  same  ; and  shall 
affix  the  seal  to  and  certify  any  documents,  copies,  or  papers  in 
his  office,  required  for  individual  use,  or  by  any  officer  of  the 
city,  and  shall  furnish  to  the  city  counselor  or  city  attorney  any 
record  or  document  in  his  office  which  either  may  call  for,  to  be 
used  in  any  court,  taking  a receipt  therefor. 

35 


546 


REGISTER. 


Common  seal  of 
city. 


Register  to  pre- 
pare commis- 
sions 

To  affix  seal  to 
licenses. 


To  keep  register 
of  licenses. 


To  furnish  blank 
certificates. 


To  deliver  du- 
plicate certifi- 
cates to  auditor. 


To  furnish  sta- 
tionery to  city 
officers. 


Sec.  2.  The  common  seal  of  the  city  of  St.  Louis  shall  he  of 
a circular  shape,  one  and  one-half  inch  in  diameter,  with  a device 
engraved  thereon  of  a steamboat  carrying  the  flag  of  the  Lhiitcd 
States,  surrounded  by  a scroll,  inscribed  with  the  words  ‘‘The 
common  seal  of  the  city  of  St.  Louis,”  in  Roman  capitals, 
engraved  upon  the  face  thereof.  No  impression  of  said  seal  to 
any  contract  or  other  writing  shall  have  validity  or  binding 
obligation  upon  the  city  unless  such  impression  be  accompanied 
by  the  attestation  and  signature  of  the  city  register,  and  then 
only  in  cases  authorized  by  law  and  the  ordinances  of  the  city. 

Sec.  3.  The  register  shall  prepare  all  commissions  and  other 
official  documents  which  the  mayor  is  required  to  issue,  and  shall 
countersign  and  affix  the  city  seal  to  the  same,  and  shall  keep  a 
register  of  all  such  commissions  and  documents,  in  which  the 
substance  thereof  shall  be  noted. 

Sec.  4.  The  register  shall  procure,  sign,  and  affix  the  city  seal 
to  blank  licenses,  for  all  purposes  for  which  a license  is  required 
to  be  issued;  except  water  license,  and  shall,  from  time  to  time, 
in  cases  where  blank  licenses  are  to  be  delivered  to  collectors, 
deliver  any  number  of  the  same  required  by  a collector,  of  which 
he  shall  keep  a register,  stating  the  number  issued,  the  amount 
thereof,  for  what  issued,  and  to  whom  delivered,  and  shall  take 
duplicate  receipts  therefor  from  the  officer  to  whom  the  same  are 
delivered. 

Sec.  5.  The  register  shall,  from  time  to  time,  furnish  the 
weighers  of  hay  and  stone-coal,  the  harbor-master,  and  lumber- 
measurers,  with  blank  certificates,  to  be  issued  by  them,  which 
shall  be  signed  and  numbered  by  him,  and  registered  ])y  num- 
bers in  a book  kept  for  that  purpose,  and  for  which  he  shall  take 
duplicate  receipts. 

Sec.  6.  One  of  the  duplicate  receipts  re(piired  in  the  two 
preceding  sections  shall  immediately  be  delivered  by  the  register 
to  the  auditor,  to  be  charged  to  the  officer  giving  the  same. 

Sec.  7.  The  register  shall  procure  stationery,  books,  fuel, 
furniture,  and  other  articles  necessary  for  his  own  office,  for  the 
mayor’s  office,  for  the  common  council,  and  for  the  oflices  of  all 
other  city  officers  whose  oflices  arc  kept  in  the  city  liall  ; and 
shall  furnish  all  city  officers  with  such  books  as  are  re([uired 
by  ordinance  to  be  kept  by  them,  and  keep  an  accurate  account 


REVENUE. 


rA7 


ot*  tlic  same,  and  to  Avlioin  delivered;  and  sliall  pay  tlic  postage, 
or  other  necessary  expenses,  npon  any  official  document  received 
or  sent  by  him,  the  mayor,  or  by  any  otlier  city  officer. 

Sec.  8.  For  expenses  incurred  under  the  next  preceding  section  to  draw  on  au.t- 
the  register  shall  draw  his  requisition  upon  the  auditor,  wlio  shall  tionery. 
draw  his  warrant  on  the  treasurer  for  the  amount,  payable  out  of 
the  appropriation  for  CQiitingent  expenses. 

Sec.  9.  The  register  shall,  on  the  first  day  of  January,  Ap  ril.  To  account  to 
July,  and  October,  render  his  accounts  with  the  proper  vouchers 
to  the  auditor,  who  shall  settle  and  adjust  the  same. 

Sec.  10.  The  register  shall  cause  the  ordinances  of  the  city  to  cause  ordi- 
to  be  published  as  required  by  the  charter,  and  shall  superintend 
the  printing  thereof,  and  examine  the  proof-sheets  and  compare 
them  with  the  original  rolls. 

Sec.  11.  The  register  shall  keep,  in  a book  provided  for  that  To  keep  record 
purpose,  a record  of  the  bills  of  all  ordinances  and  joint  resolu- 
tions passed  by  the  common  council ; of  the  time  when  the  same 
were  passed,  and  where  and  when  the  same  were  published. 

Sec.  12.  The  register  shall  record  the  official  bonds  of  all  To  record  ofUcial 
city  officers,  and  all  other  bonds  executed  to  the  city  and  placed 
in  his  office,  in  a book  to  be  kept  for  that  purpose. 

Approved,  September  3,  1864. 


bonds. 


( No.  5453.  ) 


K E VENUE. 

AN  OEDINANCE  REGULATING  THE  LEVYING  AND  COLLECTION  OF 


THE  CITY 

Abstract  of  t/'ans  fe7's  of  real  pro})- 
erty,  president  of  board  of 

assessors  to  procure V,  ^ 3 

Account^  with  treasui-er  and  city 
oliicers,  auditor  to  keep...!,  3 

Account-hookff  of  city  ^ auditor  to 

keep 1,  2,  3 

comptroller  to  prescribe  mode 

of. II,  2 

Accounts^  auditor  to  adjust  and 

certify I,  3 

approved , comptroller  to  keep 
reg-ister  of. IF,  4 


REVENUE. 

A dminisf ration  of  city  yovernme^it, 
auditor  to  keep  sepai-ate  ac- 

’ counts  of I,  \ 4 

Affidavit^  to  correct  erroneous 

as.sessmeut V,  24 

on  pawnbroker’s  license. ..X,  2 

Amusements  for  gain^  license  to 

be  procured  for XIV , 1 

Appeals^  court  of  {see  court  of  ap- 
peals) . 

from  assessment,  bow  madeV , 17 

Assessment  of  property  regulat- 
ed   .....V. 


548 


REVENUE. 


Asscfisment  of  taxes,  comptrol- 
ler may  correct IT,  ^ 8 

erroneous,  how  to  be  cor- 
rected, V,  17,  18,  23,  24.  25,  26 
Assessment  lists,  auditor  to  de- 
liver to  board  of  assessors  V , 4 

bow  made V.  5,  6 

Assesso7's,  how  appointed V,  1 

qualiticatious  of V,  1 

Avlieii  to  enter  on  discharge  of 

duties V,  2 

president  to  allot  districts  toV,  7 
responsible  for  correct  assess- 
ment  V,  7 

duties  and  powers  of..y,  5,  6, 

7.  9,  10,  11,  12,  13,  14,  20 

term  of  office  of. V , 27 

to  assess  certain  property  V III,  5 
Auctioneers,  provisions  eoncern- 

cerning XII. 

who  declared XII,  1 

to  procure  license XII,  2 

license  for XII,  3 

to  give  bond XII,  3 

violating  ordinance,  penal- 
ty  XII,  4 

Auditor,  provisions  concerning!. 

duties  and  powers  of VII,  7, 

8,  9;  V,  4,  16,  20,  25;  I,  1— 
17;  XIII,  5,  8. 

term  ot  office  of. I,  12 

duty  of  comptroller  in  absence 

of. I,  15 

treasurer  to  settle  with Ill,  I 

to  make  statement  of  revenue 

of  previous  year....^ IV,  5 

examining  committee  to  ex- 
amine hooks,  etc.,  of.. ..IV,  6 

duty  of,  concerning  re- 
ceipts  IV,  10,  11 

examining  committee  to  settle 

with,  when IV,  7,  8 

asse.ssments  to  be  reported  to, 

when V,  15 

president  of  board  of  assessors 

to  return  lists  to V,  18 

tax-lists  to  be  delivered  to...  V,  20 
statements  of  stock  of  mer- 
chants to  be  delivered 

to XIII,  4 

Auditor's  clerk,  how  appoint- 
ed  I,  13 

duties  of I,  13,  15 

style  of. I,  14 

Bagatelle  - tables , license  to  be 

pi-ocnred  for XIV,  1 

who  declanal  keeix'r  of.. XIV,  8 
Bank-checks  for  city  money,  how 

drawn ....Ill,  3 

Bayck  of  the  State  of  Missouri, 
treasni-er  to  deposit  money 

in HI.  2 

Beer-house  licenses,  penalty  for 
not  paying IX,  14 


Beei'-houses , provisions  concern- 
ing  IX. 

who  declared  keeper  of IX, 

licenses  for IX, 

Billiard-tables , license  to  be  pro- 
cured for XIV, 

who  declared  keeper  of.. .XIV, 

licenses  for XIV, 

penalty  for  keeping  without 

license XIV, 

Board  of  assessors,  comptroller 
to  prescribe  books  to  be 

kept  by II, 

provisions  concerning V . 

how  constituted V, 

duties  of...V,  5,  6,  7,  8.  9,  10, 
11,  12,  13,  14,  15, 

Bond  of  collectors Vll, 

pawnbrokers X, 

auctioneers XII, 

horse-auctioneers XII, 

Bonds  (city) , how  t o b e 

siglKHl.! II, 

comptroller  responsible  for 

])roceeds  ot II, 

comptroller  may  issue,  of  cei-- 

taiii  denomination II, 

Book-keeper,  comptroller  to  ap- 
point  II, 

Brokers,  to  procure  license  XIV, 
Buildings,  how  to  be  as- 
sessed  V, 

Buggies,  who  may  keep  market 

4or  sale  of. XII, 

Cayriages,  who  may  keep  market 

for  sale  of. XII, 

Checks  for  city  money,  how 

drawn ;..III, 

City  bo7ids  {see  bonds). 

City  debt,  comptroller  to  super- 
vise  II, 

com])troller  may  require  aud- 
itor to  pay,  when II, 

City  hall,  auditor  to  keep  sepa- 

' rate  account  of. I, 

Claims  agamst  city,  auditor  to 

adjust  and  certify I, 

to  be  allowed  Avithin  certain 

time I, 

Cle7’k  of  assessors,  ])resident  of 

bofird  may  emi)loy V, 

Collectkm  of  taxes  r(*gnlated  VII. 
Collecto7's  of  7'e-eenue,  pi’ovisions 

concerning VII . 

how  appointed VII, 

qualifications  of VII , 

bonds  of VII. 

duties  of V,  2();  VII,  3,  4, 

6,  7;  IX,  5,  II,  13,  14, 


I 3 
10 

1 

6 

6 


28 


1 

1 

2 

f>, 

15; 


XI,  2;  XII,  3,  6;  XIll,  3, 
7,  11. 

comi)ensation  of. VII,  10 

auditor  to  deliv(‘r  tax -bills 
to XIII,  7;  V,  20 


KEVENUE. 


im 


Committee  to  examine  hooks , etc . , 

of  certain  oflicors I\",  ^ G — 8 

[See  examining  committee.') 
Committee  on  ways  and  means.,  to 
employ  special  tax  attor- 
ney  vin,  ] 

Common  conneil.  auditor  to  fur- 
nish information  to I,  11 

auditor  to  permit  members  of 
to  examine  books,  etc. 11 
compti-oller  to  report  to, 

when j. II,  11 

examining  committee  to  re- 

poi-t  to,  when IV,  7,  8 

to  sit  as  court  of  appeals, 

when V,  17,  18 

Compensation  of  col  lectors. .VII,  10 
Comptroller provisions  concern- 
ing  II. 

to  select  collectors  for  certain 

duties I,  3 

to  o]-der  suit  against  delin- 
quents to  city I,  10 

to  permit  members  of  council 

to  examine,  etc I,  11 

to  audit  accounts  in  auditor’s 

absence I,  15 

powers  and  duties  of..Il,  1 — 13;  V, 
14;  V,  23,  24.  28;  VII,  5,  7; 
VIII,  1;  XIII,  8. 

treasurer  to  settle  with Ill,  1 

examining  <M)mmittee  to  ex- 
amine books  of. IV , 6 

examining  committee  to  settle 

with..... IV,  7 

duty  of  concerning  receipts, 

etc IV,  10,  n 

collectors  to  r e p o r t t o, 

when VII,  3 

beads  of  departments  to  fur- 
nish information  to II,  11 

Contracts,  comptroller  to  report 

what  made 11,  11 

Coupons,  what  interest  to  bear 

when  unj)aid IV,  1 

may  be  received  for  dues  to 

city .IV,  2 

bow  disi)Oseti  of  when  i)aid  to 

city IV,  3 

Court  of  appeals,  common  coun- 
cil to  sit  as V,  17 

liowers  and  duties  of V,  18,  10 

president  of  board  of  assess- 

oi’s  to  attend V,  22 

Debts,  auditor  to  keep  account 

of., I,  3 

Delimpient  tax-hills,  to  be  deliv- 
ered to  siiecial  tax  attor- 
ney  VIII,  3,  5 

Delimpient  taxes,  provisions  con- 
cerning  VIII. 

bow  to  be  recovered VIII,  1 

what  interest  to  b(air...V 1 1 1 , 4,  5 
cost  of  suit  for,  bow  paid  VIII,  4 


Delinquents  to  city,  bow  proceed- 
ed against... I,  10;  II,  ^ 3 

Demands  against  city,  auditor  to 

adj list  and  certify 1 , 3 

Deputy  compitroller , bow  appoint- 
ed  II,  12 

duties  of. II,  12 

compti-oller  liable  for  acts 

of II,  12 

Discount  on  money,  what  account 

• to  be  cbargeil  to IV,  4 

Documents  relating  to  city,  audit- 
or to  receive  and  preserve  I,  2 
Dram-shop  keeper,  who  declared 

to  be IX,  2 

Dram-shop  licenses IX,  10 

penalty  when  not  paid IX,  14 

Dram-shops,  provisions  con- 
cerning  IX. 

certain  provisions  not  to  ap- 
ply to XIII,  12 

Draughtsman , president  of 
board  of  assessors  to  em- 
ploy  V,  28 

Engineer  (city),  to  fnrnisb  cer- 
tain information  to  comp- 
troller  II,  11 

Errors  in  assessjnent , bow  to  be 
corrected. .V,  17,  18.  23,  24,  25 
Estimates  of  expenses,  comptrol- 
ler to  report II,  If 

Examining  committee,  bow  a])~ 

pointed IV,  6 

duties  of IV,  G,  7,  8 

Exempt  from  taxation X IV,  17 
Exhihitions,  license  to  be  pro- 

cmedfor XIV,  1 

dilferent  kinds  of,  licenses 

for XIV.  10 

Fermented  liquors,  not  to  be  sold 

without  license IX,  1 

Financial  condition  of  city, 

comi)ti*oller  to  report  on.. 1 1 , 10 

Fiscal  a.Jf'airs,  comptroller  to 

supervise 11,  1 

Foreign  insurance  companies , tax 

on XIV,  IG 

Funds,  treasurer  to  keep  sepa- 
rate accounts  of Ill,  1 

Goods,  selling  without  paying 

tax,  penalty XI II,  2 

Harbor  improvememts , auditor  to 

keel)  sejiarate  account  of..I,  4 
Hawkers , to  procure  licenseX  IV,  1 

who  declared XIV,  18 

license  for XIV,  10 

kec))  license  about  them,  XIV,  10 
provisions  concerning  vehicles 

of .Xiy,  20 

Heads  of  departments  to  furnish 
('(‘rtain  information  to  com))- 

trollin- 

Horse  auctioneers,  provisions 
concerning  XII. 


REVENUE. 


Horse  auctioneers^  licenses  for 

XII,  ^ 6 

violating'  certain  ordinances, 

penalty XII,  9 

bond  of XII,  8 

Horse  market,  who  may  keep  XII,  5 
Horses,  not  to  be  sold  on  street 

at  auction XII,  7 

Improveynents  ^ how  to  be  as- 
sessed   V,  9 

Income  of  fiscal  year,  comptrol- 
ler to  report,  when II,  11 

Infoymier,  to  receive  one- fourth 

certain  tines XIII,  15 

Insurance  companies ^ foreign,  tax 

on ...XIV,  16 

Intelligence- offices , provisions 

concerning XI. 

who  declared  keeper  of XI,  1 

license  for XI,  2 

penalties  for  certain  offenses 

at XI,  3,  4 

Interest,  auditor  to  keep  sepa- 
rate account  of. I,  4 

Interpreter,  assessor  may  em- 
ploy  Y,  14 

duties  of. V,  14 

Intoxicating  liquor,  merchants 
not  prohibited  from  sell- 
ing   IX,  8 

term  detined IX,  9 

Keeper  of  beer-house,  who  de- 
clared   IX,  3 

not  to  sell  liquors IX,  4 

Keeper  of  intelligence- office,  who 

declared  XI,  1 

to  procure  license XI,  2 

violating  ordinance,  p e n - 

alty  XI,  3,  4 

receiving  fee  .on  false  pre- 
tense   XI,  4 

Legal  qwoceedings,  comptroller 

to  supervise II,  1 

Liability  of  city,  comptroller  to 

report II,  11 

Licenses,  by  whom  to  be  is- 
sued   IX,  5 

provisions  concerning.. IX,  6,  7,  10 
by  whom  tax  on  collected VII,  3 
account  of  to  be  returned  to 

register,  when VII,  3 

by  whom  required  of  parties 

liable  for VII,  3 

how  long  to  remain  in 

force XIV.  11 

to  be  subject  to  provisions  of 

ordinances XIV,  12 

blank  form  of,  who  to  issue 

and  sign XIV,  13 

how  transferred XIV,  14 

for  dram-shoi)S  and  tav- 
erns  IX,  10 

for  beer-houses IX,  10 

for  pawnbrokei'S X,  2,  6 


Licenses,  for  intelligence  of- 
fices  XI.  I 2 

for  auctioneers XII,  3 

for  horse-auctioneers XII,  0 

for  non-resident  traders  XIH,  13 

for  billiard-tables XIV,  6 

for  nine  or  ten  pin  alleysXIV,  7 

for  peddlers XIV,  10 

for  merchandise  or  real -estate 

brokers XIV,  10 

for  money  brokers XIV,  10 

for  shuffle-board  or  bagatelle- 

table XIV,  10 

for  ordinary XIV,  10 

for  exhibitions XIV,  10 

for  hawkers XIV,  19 

Lighting  city,  auditor  to  keep 

separate  account  of. .1,  4 

Liquors,  not  to  be  sold  without 

license IX,  1 

certain  provisions  not  to  au- 
thorize selling XIII,  12 

Lists  of  property , how  made  out 

V,  5,  G 

Live  stock,  who  may  keep  mar- 
ket for  sale  of. XII,  5 

not  to  be  sold  at  auction  in 

street XII,  7 

Manufacturing  establishments , 

how  assessed V,  9 

Market-houses,  auditor  to  keep 

separate  account  of I,  4 

Marshal  (city),  to  arrest  hawk- 
ers without  license XIV,  21 

Mayor,  auditor  to  furnish  cer- 
tain information  to I,  11 

auditor  to  permit  examination 

of  books,  etc. , by I,  11 

to  appoint  auditor’s  clerk... I,  13 

to  sign  city  bonds II,  5 

to  a])prove  certain  requisitions 

on  auditor II,  7 

to  appoint  deputv  comp- 
troller  ■; II,  12 

to  approve  book-keeper  of 

comiffroller II.  12 

to  a})i)rove  checks  for  drawing 

money Ill,  3 

treasurerto reiiortto,  when  III,  4 
to  appoint  committee  to  ex- 
amine books,  etc.,  of  cim-- 

tain  otlieers IV,  6 

to  convene  common  council  as 

court  of  a])])eals V,  16 

to  ai)prove  employment  of  as- 
sessor’s clerk V,  28 

to  emi)lov  si)eeial  tax  nttor- 

ney ^ VIII,  1 

to  api)rove  pawnbroker’s  bond 

X,  3 

to  sign  lieens('s XIV,  11 

Merck andise , s ( * 1 1 i n g a\’ it  h o n t 
paying  tax. on,  i)enahy  XHI,  2 


REVENUE. 


Merchandise  brokers,  to  i)i’Ocnre 

liccMiso XIV.  § 1 

wlio  cl(H*l:ir(Ml XIV,  3 

Merchants,  provisions  to  tax  XIII. 

wlio  declared XIII,  1 

not  prohibited  from  selling 

liqnor IX,  8 

to  make  statement  of  stock, 

when XIll,  3 

failing  to  make  statement  of 

stock,  penalty XIII,  11 

Merchayits^  statement  of  stock, 

how  made XIII,  3 

collectors  to  list XIII,  4 

to  be  delivered  to  auditor  XIII , 4 

Merchants’  tax,  how  levied  and 

collected XIII,  6 

Merchants’  tax-bills,  who  to  make 

out XIII,  7 

form  of. XIII,  7 

how  returned  when  not 

paid XIII,  8 

failing  to  pay,  penalty... XIII,  9 

Avhen  to  be  c o mV  u t e d 

from XIII,  10 

Minors,  pawnbrokers  not  to  re- 
ceive pledges  from X,  7 

Miscellaneous  provisions  concern- 
ing treasury  department  IV. 
Money  brokers,  to  procure  li- 
cense  XIV,  1 

who  declared XIV,  2 

Moneys,  ti’easurer  to  receive  and 

disburse Ill,  1 

not  to  be  used  b}"  treasiu-er  III,  5 

Nme-pin  alleys,  license  to  be 

pro(*,ured  for XIV,  1 

who  declared  keeper  of..XIV.  7 

license  for. XIV,  7 

Non-resident ■ traders,  provisions 

concerning XIII. 

license  for XIII,  13 

Non-residents,  not  to  .sell  without 

licen.se XI 11,  13 

not  to  sell  in  name  of  resi- 
dents   XIll,  14 

Oaths,  auditor  and  comi)ti'oller 

may  administer I,  5;  II,  4 

Officers,  auditor  to  ])ermit  to  ex- 
amine books,  etc I,  11 

comi)troller  to  sui)ervise....  1 1 , 1 

comptroller  to  exannne  books 

of..... II,  2 

to  furnish  certain  information 

to  comptrolhu- II,  11 

Ordinaries , license  to  be  ))ro- 

cured  for XIV,  1 

who  declared  keeper  of..XIV,  9 

licen.se  for XIV,  10 

Payers  relating  to  conti-acts, 
auditor  to  receive  and  pre- 

.«erve I,  2 

Pawnbrokers,  provisions  con- 
cerning  X. 


Pawnbrokers,  who  declared,  X,  § 1 

to  i)roeure  license X,  2 

license  of. X , 2,  0 

to  give  bond X,  3 

to  keep  register  of  loans... X,  4,  5 
to  i‘eeeive  no  pledges  from 

minors X,  7 

not  to  make  loans  at  certain 

hours X,  8 

not  to  make  loans  on  certain 

articles X,  9 

to  keep  one  place  of  l)usiness  X,  10 
to  report  place  of  business  to 

register X,  10 

violating  ordinance,  penaltyX,  11 
Pawnbrokers’  register,  to  be  open 

to  inspection X,  5 

Pay-roll  account,  how  kept  I,  16,  17 
Peddlers,  to  procure  license  XI V , 1 

who  declared XIV,  2 

license  for XIV,  10 

Penalties  for  certain  offenses IX, 

12,  14;  X,  11;  XI,  3,  4;  XII, 
4,  9;  XIII,  2,  9,  15;  XIV,  6, 
15,  16,  22. 

Plats,  president  of  board  of  as- 
sessoi's  to  make  and  cor- 
rect  V,  3,  22 

President  of  board  of  assessors, 

how  appointed V,  1 

qualiti(-ations  of. V,  1 

term  of  office  of. V,  2 

powers  and  duties  of V,  3 — 7, 

13,  22—26 

Property,  how  to  be  assessed... V,  5, 

11,  12 

owners  of,  to  furni.sh  list  to 

as.sessors V,  10 

assessment  of,  may  be  .sepa- 
rated  V,  23,  24,  25 

Public  improvements , comptroller 

to  keep  1‘eglster  of. II,  6 

Real  estate,  owners  of  to  repoid 

to  assessors,  when V,  3 

how  to  be  assessed V,  3,  5,  8 

in  arrears  for  taxes,  list  of  to 

be  made V,  22 

as.sessment  of,  may  be  .sepa- 
rated  :.V,  23,  24,  25 

Real-estate  brokers,  to  i)rocure 

licen.^e XIV,  1 

who  declared XIV,  4 

Receipts,  ti’easnrer’s,  how  to  be 

made  out Ill,  1 

of  comptroller,  to  be  coun- 
tersigned by  register IV,  10 

to  be"”  delivered  to  audit- 
or  IV,  10,  11 

of  r(‘gister,  to  be  counb'r- 
signed  by  comptroller...!  V,  11 
Register  (city),  to  countersign 

money  checks Ill,  3 

to  coulib'r.iiign  receipts  of 
comptroller IV,  10 


552 


REVENUE. 


RegUter  (city),  receipts  of,  to  be 
coiiiitersig’ned  by  comptrol- 
ler  IV,  ^ 

to  deliver  delinquent  tax-bills 
to  s})ecial  tax  attorney  VIII, 
to  kee])  account  of  delinquent 

tax-bills Vin, 

collectors  to  report  to, 

Avhat IX, 

to  issue  licenses  in  blank XIV, 
Register  of  property  ^ president  of 
board  of  assessors  to  keepV, 
Register  of  xoater-rates  ^ exam- 
iniug  committee  to  examine 

books,  etc.,  of. TV, 

examininar  committee  to  settle 

Avith....\ IV, 

Reports,  comptroller  to  require 

of  officers II, 

comptroller  to  make  to  com- 
mon council II,  3, 

auditor  and  treasurer  to 

make IV, 

Residents,  not  to  permit  non- 
residents to  sell  in  name 

of. XTII, 

Revenue,  auditor  to  keep  state- 
ment of. I, 

comptroller  to  supervise. ..II, 
Sewers,  auditor  to  keep  separate 

account  of. I, 

Shows,  license  to  be  procured 

for XIV, 

license  for  divers XIV, 

Shu/f  e-boards , license  to  be  pro- 

‘ cured  for XIV , 

Avbo  deckired  keeper  of..XIV, 

license  for XIV, 

Special  tax  attorney,  bow  em- 
ployed  VIII, 

duties  of. V^III,  1- 

Spirituous  liquor,  not  to  be  sold 

without  license IX, 

Statement  of  receipts  and  ex- 
penditures, comptroller  to 

make 1 1, 

auditor  and  treasurer,  what  to 

contain IV, 

Statement  of  stock  of  mercha.nts, 
bow  and  when  made  XIII, 
Street  inspectors , to  arrest  hawk- 
ers without  license XIV, 

Suit  against  delinquents,  who  to 

order I, 

Suits,  special  tax  attorney  may 

brino’,  when VIII, 

Taxerns,  provisions  conceiMiin^  IX. 
keener  of,  who  declared... IX, 

license  foi’ IX, 

Tax,  merchants’  {see  merchants'’ 
tax) , 

Tax  attorney,  special  {see  special 
tax  attorney) . 


Tax-hills,  assessors  to  make 

out V,  ^ 20 

when  to  be  delivered  to  aud- 
itor  V,  20 

when  to  be  delivered  to  col- 
lectors  V,  20 

Avho  may  correct  eri-ors  in  V,  21 
collectors  to  keep  account 

of. VII,  3 

comptroller  to  give  notice  of, 

when VIT,  4 

comptroller  may  separate  into 

several VII,  o 

Tax-bills,  merchants’  {see  mer- 
chants'’ tax-bills). 

Tax-books,  to  be  open  for  in- 
. spection  of  compti-oller..II,  8 
Tax-lists,  auditor  may  correct 

errors  in V,  21 

Taxes,  provisions  for  levy- 
ing   VI. 

provisions  for  collecting VII. 

by  Avhom  to  be  collected  VII,  3 
foreign  insurance  companies, 

to  pay XIV,  1() 

comptroller  to  superintend  as- 

ses-simnit  of. II,  8 

Taxes,  delinquent  {see  delinquent 
taxes) . 

Ten-pin  alleys,  license  to  I)e  pro- 
cured foi‘ XIV,  1 

who  declared  keeper  of  XIV  , 7 

license  for XIV,  7 

Theaiers,  to  i)rocure  license 

for XIV,  1 

license  for XIV,  10 

Traders  {see  non-resident  traders) . 
Treasurer,  i)rovisions  concern- 
ing   I II. 

duties  of. I,  17;  II,  5; 

III.  1_7;  IV,  5. 
examining  committee  to  ex- 
amine books,  etc.,  of.. ..TV,  8 

examining  committee  to  set- 
tle with IV,  8 

when  collectors  to  pay  mon- 
eys to 3 

Treasurer'’ s clerk , how  appoint- 
ed  Ill,  0 

duties  of. Ill,  0 

treasurer  liable  for  acts  of  1 II,  7 

treasurer  may  require  bond 

from Ill,  7 

Vouchers  for  city . auditor  to  i’(*- 

ceive  and  pi’(*s(a‘V(' 1,  2 

Wares,  selling  without  paving 

tax,  penalty XIIl',  2 

Warra7its,  aiulitor  to  rc'gis- 

tei- I,  3 

how  and  when  to  be  drawn 

I,  7,  8,  9 

to  be  countei’sigiKMl  by  (*omp- 
troller II,  4 


^ 11 

2 

2 

11 

13 

3 

6 

8 

3 

, 11 

5 

14 

3 

1 

4 

1 

10 

1 

8 

10 

1 

L— 5 

1 

10 

5 

3 

21 

10 

1 

2 

10 


KEVENFE. 


Warrants,  treasurer  to  kiM']-) 

register  of  paid Ill, 

exainiiiiii^  coiumittee  to  des- 
troy  IV, 

Waterworks,  auditor  to  keep 
separate  ae.eouiit  of. I, 


^ 1 


W/iarf,  auditor  to  kee])  S(‘pa- 

rati‘  aeeouiit  of. I , 

Wme,  not  to  be  sold  witliout  li- 
cense  IX,  ^ 

certain  ])rovisious  not  to  au- 
thorize selling  of XI 11, 


12 


Be  it  ordained  by  the  Common  Councit  of  the  City  of  St. 
Louis . 

ARTICLE  I. 


Treasury  Dejmrtment — Auditor. 

Section  1.  The  treasury  department  of  the  city  government  Treasury  de- 
shall  consist  of  the  auditor,  comptroller,  treasurer,  one  tax  col-  composed, 
lector  for  each  ward  of  the  city,  and  the  delinquent  tax  collector. 

Sec.  2.  The  city  auditor  shall  be  the  general  accountant  for  Auditor  to  be 
the  city,  and  shall  receive  and  preserve  in  his  office  all  city  anro/ cuy 
account-books,  and  all  vouchers,  documents,  and  papers  relating 
to  the  accounts  and  contracts  of  the  city,  its  revenue,  debt,  and 
fiscal  affairs,  whether  between  the  city  and  any  officer  thereof  or 
between  tlie  city  and  any  person  or  Imdy  corporate,  except  where 
said  Imoks,  vouchers,  or  documents  are,  by  ordinance,  placed  in 
the  custody  of  some  other  officer  or  person. 

Sec.  3.  It  shall  be  the  duty  of  the  city  auditor,  in  addition  to  Dut  ies  of  audit- 
the  duties  ])rescribed  by  the  city  charter: 

First — To  examine,  audit,  and  adjust  all  accounts,  claims,  and  to  examine  and 
demands,  for  or  against  the  city,  for  the  payment  of  Avhich  mjy 
money  may  be  drawn  out  of  the  city  treasuiy ; and,  after  having 
examined  the  same,  Avith  all  accompanying  vouchers  and  docu- 
ments, to  ceiTify  the  balance  or  true  state  of  such  claims  or  de- 
mands, exce})t  wliere  some  other  officer  is  charged  Avith  such  duty. 

Second  — To  keep  a day-l)ook,  journal,  and  ledger,  or  other  to  keep  account 
proper  books,  in  Avhich  the  accounts  of  the  city  sliall  l)e  kept  l)y 
double  entry.  The  city  shall  be  represented  in  said  books  by  the  Manner  of  keep- 
term  “City  Revenue,”  and  all  moneys  coming  into  the  treasury 
shall  be  carried  to  the  del)it  of  the  city  revenue,  specifying  the 
objects  from  Avhich  said  revenue  is  derived;  and  the  city  revenue 
shall  be  credited  Avith  all  appropriations,  specifying  on  Avhat 
account  the  appropriation  is  made. 

Third  — To  keep  in  proper  books  the  accounts  betAveen  the  to  keep  account 
city  and  city  treasurer,  charging  him  Avith  all  the  moneys  received  ancTtrVasuVer. 


554 


REVENUE. 


into  the  treasury,  specifying  the  objects  from  which  said  moneys 
have  been  derived',  and  crediting  him  witli  all  warrants  drawn. 

To  keep  account  F OUT  til  — To  keep  ill  proper  hooks  the  accounts  between  the 

and  officers.  City  aiid  all  officci’s,  pcrsoiis,  or  bodies  corporate,  who  may  have 
the  collection  of  any  money  for  the  city,  charging  each  with  the 
amount  which  may  be  in  his  hands  for  collection,  or  with  blank 
licenses  or  certificates  issued  to  him,  and  crediting  him  with  all 
payments  made  into  the  city  treasury. 

To  keep  detailed  Fifth — To  keep  in  sucli  books  a detailed  and  specific  state- 

statement  of  ^ 

revenue.  meiit  of  the  coiiditioii  of  the  city  revenue,  entering  every  fund 
which  by  law  or  ordinance  is  made  a separate  fund,  crediting 
each  fund  with  all  receipts  into  the  treasury  on  account  thereof, 
and  charging  it  with  all  appropriations  thereof  and  warrants 
drawn  thereon. 

To  keep  regis-  Sixth — To  keep  a register  of  all  warrants  drawn  on  the 

ter  of  warrants  • r*  • i i ‘ i e 

drawn.  treasury,  specifying  the  date,  number,  and  amount,  the  name  of 

the  person  to  whom  and  out  of  what  fund  payable. 

To  keep  account  Seventh  — To  keep  an  account  of  all  debts  due  to  or  from  the 
city,  and  a bill-book,  into  which  he  shall  enter  all  bonds,  notes, 
bills,  and  other  obligations  given  by  or  payable  to  the  city,  with 
the  person  by  or  to  whom,  and  the  time  when  principal  and 
interest  are  payable,  and  the  rate  of  interest;  and  all  accounts, 
notes,  bonds,  or  claims  against  persons  for  purchases  of  land 
in  the  common,  or  for  rent  due  on  land  therein,  shall  be  entered 
as  other  claims  and  accounts  on  the  books  of  the  auditor,  and 
the  collection  thereof  sliall  be  accounted  for  as  other  claims  are ; 

Comptroller  may  but  the  Comptroller  may  select  whichever  of  the  citv  collectors 

select  collector.  ^ n i ^ i i 

he  deems  proper  to  collect  such  claims,  accounts,  notes,  or  bonds. 

Certain  ac-  gsc.  4.  The  auditor  sliall  keep  a separate  account  of  the 

counts  to  be  _ ^ ^ 

kept  separate,  revenue  applicable  to  the  following  objects,  namely:  Interest  on 
the  city  debt,  waterworks,  lighting  the  city,  the  wharf,  harlior 
improvements,  sewers,  city  hall  and  market-house,  and  the  gen- 
eral administration  of  the  city  government. 

Auditor  may  ad-  Sec.  5.  Tlie  auditor  may  administer  oaths  or  affirmations  to 

minister  oaths.  • ' i •,  • • i • i i ? 

parties  and  witnesses  in  any  case  in  Avliicli  lie  may  deem  it 
necessary  for  the  due  examination  of  any  accounts  or  claims, 
presented  to  him  to  be  audited. 

Certain  claims  Sec.  6.  No  claiiii  agaiiist  the  city  Avhich  is  not  founded 

lowed.  on  a bond  or  other  writing  executed  by  the  city  shall  be  audited 


IIEYENUE. 


uiul  settled,  Avliieli  lias  not  lieeii  jiresented  witliiii  one  year  from 
the  time  said  claim  became  due. 

Sec.  7.  The  auditor  shall  not  draw  a warrant  on  the  treasurer 
in  favor  of  any  person  indebted  to  the  city,  or  the  assignee  of 
such  person,  except  for  the  balance  which  may  appear  to  be  due 
to  such  persons  over  and  above  the  debt  due  the  city ; or  in  favor 
of  any  officer  who  is  in  arrear  or  in  default  to  the  city. 

Sec.  8.  The  auditor  shall  draw  his  warrant  on  the  city  treasurer 
for  any  money  found  to  be  due  and  owing  by  the  city,  and  for 
which  there  is  an  appropriation,  specifying  the  fund  or  appro- 
priation out  of  which  such  warrant  is  to  be  paid. 

Sec.  9.  The  preceding  section  shall  not  be  held  to  authorize 
any  warrant  to  be  issued  unless  there  be  actually  in  the  treasury 
money  to  pay  the  same. 

Sec.  10.  Whenever,  upon  the  adjustment  of  any  account,  a 
sum  of  money  shall  be  found  by  the  auditor  to  be  due  to  the  city 
from  any  city  officer,  and  the  same  shall  not  be  paid  into  the  city 
treasury  within  ten  days  after  the  adjustment  of  the  account,  and 
the  treasurer’s  receipt  therefor  delivered  to  the  auditor,  that 
officer  shall  add  to  the  sum  due  the  commission,  if  any,  to  which 
the  delinquent  is  entitled,  which  shall  be  forfeited  to  the  city  ; 
and  the  auditor  shall  certify  the  amount  due  to  the  comptroller, 
who  shall  order  suit  to  be  commenced  against  the  delimpient,  or 
take  such  other  measures  as  in  his  judgment  will  most  elfectually 
secure  the  city  from  loss. 

Sec.  11.  The  auditor,  wlienever  refpiired,  shall  furnish  the 
mayor  or  common  council,  or  committee  of  the  council,  copies  or 
abstracts  of  any  ])ooks,  accounts,  records,  vouchers,  or  documents 
in  his  office,  or  any  information  in  relation  to  any  thing  pertain- 
ing to  his  office  or  to  tlie  revenue  of  the  city  ; and  he  shall  at  all 
times  permit  the  mayor,  any  mem])er  of  tlie  common  council,  the 
comptroller,  or  any  other  city  officer  interested,  to  examine  any 
books,  papers,  or  documents  in  his  office. 

Sec.  12.  The  official  term  of  the  auditor  shall  commence  on 
the  second  Monday  in  April  in  each  year. 

Sec.  13.  There  shall  be  appointed  by  the  mayor,  with  the 
approval  of  the  common  council,  a clerk  of  the  auditor,  who  shall 
perform  such  duties  in  the  auditor’s  office,  connected  with  the 
duties  thereof,  as  the  auditor  may  direct. 


No  warrant  to 
be  drawn  for  cer- 
tain persons. 


What  warrants 
he  may  draw. 


Warrants  not  is 
sued,  ui.less 
money  in  treas- 
ury. 


Proceedings  on 
failure  of  offi- 
cers to  pay  mon- 
ey into  treasury 


Auditor  to  cer- 
tify amount  due. 

Comptroller  to 
bring  suit 
against  delin- 
quent. 


Amlitor  to  fur- 
nish certain  in- 
formation. 


Oflicial  term  of 
auditor. 


Auditor’s  clerk 
to  be  appointed. 


556 


REVENUE. 


Stylo  of  clerk. 


Duty  of  comp- 
troller (iuriiig 
vacdiicy  in  aud- 
itor’s office. 


Auditor  to  pay 
over  moneys 
each  month 


Treasurer  to 
keep  pay-roll  ac- 
count. 


Office  of  comp- 
troller. 

Duty  of  comp- 
troller to  super- 
vise city  officers. 


Over  city  debt 

Over  city  pro- 
perty. 

Over  legal  pro- 
ceedings. 


To  prescribe 
manner  of  keep- 
ing books. 


To  require  re- 
ports to  be 
made. 


Sec.  14.  The  person  so  appointed  shall  he  styled  the  ‘^audit- 
or’s elerk.” 

Sec.  15.  In  case  of  a vacancy  in  the  office  of  the  auditor,  or 
of  his  absencT)  from  the  city,  or  sickness,  or  other  inability  to 
perform  his  duties,  the  comptroller  shall  audit  and  settle  all 
accounts  or  claims  against  the  city,  and  the  auditor’s  clerk  shall 
sign,  in  the  place  of  the  auditor,  all  warrants  on  the  treasury. 

Sec.  16.  The  auditor  is  hereby  required,  at  the  end  of  each 
month,  to  pay  over  to  the  treasurer,  and  take  his  receipt  therefor, 
all  moneys  that  may  remain  unpaid  on  any  pay-roll  appertaining 
in  any  way  to  his  office. 

Sec.  17.  The  treasurer  shall  keep  a pay-roll  account,  which 
shall  show  proper  dates,  persons,  objects,  and  amounts  ; and  he 
shall  credit  said  account  Avith  all  moneys  paid  over  hj  the 
auditor,  as  provided  for  in  section  sixteenth,  and  shall,  on 
demand,  pay  such  persons  as  may  appear  entitled  thereto  their 
proper  sum,  take  their  receipt  for  the  same,  and  charge  the 
amount  to  said  pay-roll  account. 

A n T I C I.  E II. 

Co?npfro/ler. 

Section  1.  There  shall  l)e  a comptroller,  Avhose  duty  it  shall 
be  to  exercise  a general  supervision  over  all  the  city  officers 
regarding  the  ])ro})er  discharge  of  their  official  duties  ; over  the 
collection  and  return  into  the  city  treasury  of  the  revenue  of  the 
city,  of  Avhatever  description;  over  the  city  debts  and  all  other 
fiscal  concerns  of  the  city ; over  any  property  of  the  city ; over 
all  legal  and  other  proceedings  in  Avhich  the  city’s  interest  is 
involved  or  in  any  manner  concerned. 

Sec.  2.  He  shall  describe  the  form  and  manner  in  Avhich  all 
accounts  and  account-books  of  the  several  city  officers  shall  be 
kept;  and  he  shall  examine  the  books  of  said  officers  as  often 
as  he  shall  think  proper,  and  see  that  they  are  properU  and 
neatly  ke])t ; and  said  books  shall  be  at  all  times  subject  to  the 
inspection  of  the  comptroller. 

Sec.  8.  He  shall  reipiire  of  all  officers  in  receipt  of  city’s 
money,  or  those  holding  office  under  the  city,  to  submit  semi- 
annual rejiorts  in  detail  of  the  business  of  their  office,  and  he 


shall  lay  the  same  before  the  eoiiniioii  council  on  the  first  day  of 
each  regular  session  thereof;  and  he  iiiay  re([uire  re})orts  to  he 
made  from  any  city  officer,  as  often  as  he  shall  see  fit  to  re({uire 
it,  by  any  reg'ulation  which  he  may  adopt;  and  if  any  such  officer 
shall  refuse  or  negdect  to  make  an  adjustment  of  his  accounts 
when  re(|uired,  and  to  pay  over  such  moneys  so  received,  it  shall 
then  be  the  duty  of  said  comptroller  to  issue  a notice  in  writing 
to  such  officer  and  his  securities  to  make  a settlement  of  his 
accounts  with  the  auditor,  and  to  pay  over  the  l)alance  of  moneys 
found  to  be  due  and  in  his  hands  belonging  to  the  city ; and  in 
case  of  refusal  or  neglect  of  such  officer  to  adjust  his  accounts, 
or  pay  over  said  balance  to  the  treasurer,  it  shall  then  be  the  duty 
of  the  comptroller  to  report  the  delimpiency  of  such  officer  to  the 
mayor,  who  shall  at  once  suspend  him  from  office,  and  report  to 
the  common  council  the  act.  The  comptroller  shall  then  institute  to  institute 

ITT  .....  ...  si’it  against  de- 

suit  against  such  deJiiupient  anti  Ins  securities,  to  recover  all  the  unqueut. 
money  due  to  the  city. 

Sec.  4.  He  shall  examine  all  accounts  against  the  city  settled  to  examine  ac- 
hy said  auditor,  and  countersign  all  warrants  on  the  treasurer 
drawn  by  said  auditor,  in  case  of  aiiiiroval  of  said  accounts.  He  administer 

^ ^ ^ . . . oaths. 

shall  be  empowered  to  administer  oaths  to  parties  or  witnesses  in 
any  case  in  which  he  may  deem  it  necessary  for  the  due  examina- 
tion of  such  accounts.  He  shall  also  keep  a register  of  all  aSunfs'’ali- 

accounts  approved  as  aforesaid.  ■ pio\td. 

Sec.  5.  He  shall  sign,  with  the  mayor  and  treasurer,  and 
receive  for  safe  keeping  and  sale,  all  bonds  issued  by  the  city. 

He  shall  be  res})onsibIe  for  the  proceeds  of  said  bonds  when  sold, 
until  placed  to  the  credit  of  the  treasurer.  imnds 

Sec.  G.  He  shall  keep  in  his  office  a correct  account  of  all  to  kecii  account 

_ o!  improvc- 

public  improvements  ordered  by  the  council  and  under  contract,  mcnts. 
copies  of  which  shall  be  furnished  him  by  the  several  departments 
authorized  to  make  contracts  ; said  books  shall  show  the  estimate, 
how  much  there  is  paid  on  it,  the  dates  when  paid,  and,  when 
every  separate  contract  is  finished,  the  name  of  the  conti’actor 
and  description  of  such  contract. 

Sec.  7.  The  comT)troller  is  es])ecially  charged  with  the  nreserva-  charged  with 

. ^ ^ . . ° . . . Cie  credit  of 

tion  of  the  credit  and  faith  of  the  city  in  relation  to  its  public  ‘-ity- 
debts,  and  all  other  obligations  on  the  part  of  the  city;  and  he 
is  therefore  authorized,  whenever  it  becomes  necessary,  with  the 


558 


REVENUE. 


To  draw  on  aud- 
itor tor  nioiiey 
to  pay  debt. 


To  snporintend 
a>sessment  of 
t Axes. 


May  make  alter- 
ations in  assess- 
ment or  bills. 


To  attend  to  sale 
and  renting  of 
property. 


To  publish  state- 
ment of  receipts 
and  expendi- 
tures. 


Contents  ot 
statement. 


To  report  esti- 
mate of  neces- 
sary expenses. 


Contents  of  re- 
port. 


approval  of  tlio  mayor,  to  draw  liis  retpiisition  upon  the  auditor 
for  a warrant  on  the  treasurer  for  any  money  whicli  may  be 
needed  to  pay  any  part  of  the  principal  or  the  interest  of  the 
public  debt,  and,  with  the  mayor’s  approval  in  writing,  to  do  any 
act  herein  which  ma}^  be  proper  to  accomplisli  the  fiscal  objects 
contemplated  in  regard  to  the  city  debt. 

Sec.  8.  lie  shall  also  superintend  the  assessment  of  taxes 
and  prescribe  the  books  and  rolls  to  be  used  by  the  board  of 
assessors  in  the  assessment  of  the  valuation  of  the  property  for 
the  purpose  of  taxation,  and  said  books  shall  at  all  times  be 
subject  to  the  inspection  of  tlie  comptroller.  He  shall,  when 
satisfied  that  errors  have  been  committed  in  the  assessment  or 
in  the  bills  for  taxes,  or  when  property  has  been  omitted  to  bo 
assessed,  make  such  alterations  or  additional  assessment  as  he 
thinks  just,  giving  notice  tliereof  to  the  auditor,  to  be  credited 
or  charged  to  the  different  collectors  on  the  auditor’s  books. 

Sec.  9.  He  shall  also  attend  to  the  sale,  renting,  or  any  other 
disposition  of  any  property  belonging  to  the  city,  and  the  col- 
lection of  all  notes,  rents,  and  other  dues  to  the  city,  except 
when  in  tlie  hands  of  the  fund  commissioner. 

Sec.  10.  The  comptroller  shall  make  out  an  annual  statement 
for  publication,  in  the  month  of  March  in  each  year,  giving  a full 
and  detailed  statement  of  all  receipts  and  expenditures  of  money 
during  the  year  ending  the  first  day  of  said  month.  The  state- 
ment shall  also  detail  the  liabilities  of  the  city,  the  condition  of 
all  appropriations  and  contracts  unfulfilled,  the  balance  of  money 
in  the  treasury  and  the  sums  due  and  outstanding,  the  names  of 
all  persons  who  have  become  defaulters  to  the  city  and  the 
amount  in  their  hands  unaccounted  for,  and  all  other  things 
necessary  to  exhiliit  the  true  financial  condition  of  the  city. 

Sec.  11.  He  shall  also,  in  the  month  of  April  in  each  year, 
at  the  first  stated  session  of  the  common  council,  sulnnit  to  the 
same  a report  of  the  estimates  necessary,  as  nearly  as  may  he,  to 
defray  the  expenses  of  the  city  government  during  the  ensuing 
fiscal  year.  He  shall,  in  said  report,  class  tlie  different  objects 
of  said  city  expenditures,  giving,  as  nearly  as  may  lie,  the 
amount  reipired  for  each,  a statement  of  all  contracts  made  or 
directed  by  tlie  council  and  not  peiTormed  or  completed,  and 
upon  which  any  money  remains  unpaid,  with  the  amount  so 


HEVENin^:. 


559 


unpaid  on  eacli  ; and  for  tliis  purpose  lie  slnill  reipiire  from  the 
city  engineer,  and  other  city  officers  and  heads  of  departments, 
such  information  as  he  sliall  need  to  enable  him  to  fulfill  the  duty 
imposed  upon  him  by  this  section.  He  shall  also,  in  such  report, 
show  the  aggregate  income  of  the  preceding  fiscal  year  from  all 
sources,  the  amount  of  all  liabilities  outstanding,  and  of  bonds, 
interest,  and  any  other  kind  of  city’s  debt  payable  during  the 
year,  and  when  due,  so  that  the  common  council  may  fully 
understand  the  money  exigencies  and  demands  of  the  city  for  the 


Sec.  12.  The  mayor  shall  appoint,  with  the  approval  of  the  Deputy  comp- 

1 T f.  -1  1 n 1 1 11  droller  to  be  ap- 

board  or  common  council,  a deputy  comptroller,  who  shall  pointed, 
perform  such  duties  in  the  comptroller’s  office  connected  with  the 
duties  thereof  as  the  comptroller  may  direct,  who  shall  act  and 
sign  in  his  place  in  case  of  absence  from  the  city  or  sickness. 

The  comptroller  and  his  securities  shall  be  responsible  for  his  comptroller  re- 
official  acts.  He  shall  also,  with  the  approval  of  the  board  of 
common  council,  appoint  a book-keeper. 

Sec.  18.  The  city  comptroller  is  hereby  authorized  to  issue  ^ay  issue  bonds 
bonds  of  the  city  of  the  denomination  of  five  hundred  dollars,  dollars. 
instead  of  one  thousand  dollars  as  heretofore  ordered,  whenever, 
in  his  opinion,  it  will  be  advantageous  to  the  city  so  to  do,  any 
provisions  or  ordinances  to  the  contrary  notwithstanding. 

ARTICLE  III. 

Treanurer. 

Section  1.  There  shall  be  elected  a city  treasurer,  whose  omce  of  treas- 
duty  it  shall  be ; 

First  — To  receive  and  keep  all  mone3's  of  the  city  which  Duty  of  trea.s- 
may  come  to  his  hands,  and  disburse  the  same  upon  the  warrant  moneys* 
of  the  auditor,  legalW  drawn. 

S(.i(j7i(l  1 o keep,  in  a da^^'book,  journal,  and  ledger,  or  other  to  keep  account 
proper  books,  by  double  entiy,  a full  and  accurate  account  of  ceived  and  dis- 
all  moneys  received  and  disbursed  by  him  in  behalf  of  the  city, 
specifying  the  time  of  receipt  and  disbursement,  from  whom 
received  and  to  whom  disbursed,  and  on  what  account  received 
and  disbursed. 

Third  — To  keep  a separate  account  of  each  fund  or  appro-  to  keep  account 
priation,  and  the  debts  and  credits  belonging  thereto. 


560 


REVENUE. 


To  kppp  register 
of  warrants. 


To  give  receipts 
for  moneys  paid. 


Fourth  — To  keep  a register  of  all  warrants  redeemed  or 
paid  into  tlie  treasury,  describing  such  warrant  by  its  date, 
amount,  number,  and  the  name  of  the  payee,  and  specifying 
the  time  of  the  receipt  thereof,  from  whom  received,  and  on 
what  account,  and  to  cancel  all  such  warrants  and  file  the 
same. 

Fifth — To  deliver  to  every  person  paying  money  into  the  city 
treasury  a duplicate  receipt  therefor,  specifying  the  date  of  pay- 
ment, upon  what  account  paid,  and  whether  paid  in  money,  or 
warrants,  or  certificates. 

To  settle  raontii-  Sixtti  — To  Settle  at  the  end  of  each  month  with  the  auditor 

and  comptroller,  and  Comptroller,  and  ascertain  the  balance  in  his  hands. 

To  deposit  mon-  Sec.  2.  Whenever  the  moneys  of  the  city  in  the  hands, 

blnk.*^  ^ custody,  or  subject  to  the  order  of  the  treasurer  shall  exceed 
the  sum  of  ten  thousand  dollars,  he  shall  forthwith  deposit  the 
surplus  in  the  Bank  of  the  State  of  Missouri,  to  the  credit  of 
the  city  of  St.  Louis. 

Manner  of  draw-  Sec.  3.  Whcu  it  becouies  neccssary  to  use  the  moneys,  or  parts 

mg  money  from  , t e i • • , . , 

bank.  thereof,  deposited  to  the  credit  of  the  city,  as  mentioned  in  the 

preceding  section,  the  same  shall  only  be  drawn  out  of  the  bank 
on  the  check  of  the  treasurer,  payalile  to  himself  as  such, 
approved  by  the  mayor,  and  countersigned  by  the  register,  wdth 
the  st^al  of  the  city  thereon. 

Auditor  and  Sec.  4.  It  shall  be  the  duty  of  the  auditor  and  treasurer  to 

treasurer  to  re-  i i • r ^ r • • i 

port  surplus  make  each  a written  report  to  the  mayor  whenever  there  is  in  the 
hands  of  the  treasurer  a surplus  of  moneys  to  be  deposited  as- 
mentioned  in  the  second  section,  specifying  the  amount  thereof; 
and  the  treasurer  shall,  when  such  surplus  has  been  deposited  to 
the  credit  of  the  city,  report  the  fact  to  the  mayor  and  to  the 
auditor  in  writing. 

Sec.  5.  The  treasurer  is  hereby  expressly  prohibited  from  using, 
either  directly  or  indirectly,  the  public  money  or  Avarrants  in  his 
custody  and  keeping,  for  his  oivn  use  or  benefit;  and  any  viola- 
tion of  the  provisions  of  this  section  shall  subject  the  treasurer 
to  removal  from  office  forthwith  by  the  mayor. 

Treasurer’s  Sec.  6.  There  shall  be  a treasurer’s  clerk,  ivlio  shall  be  nom- 

puinted.  iiuited  by  the  common  council,  upon  the  recommendation  of 
the  treasurer,  and  confirmed  as  other  city  officers,  ivliose  duty  it 
shall  be  to  assist  the  treasurer  in  keeping  the  books  and  accounts 


N'ot  to  use,  pub- 
lic money. 


Penalty. 


Duty  of  clerk. 


liEVENUE. 


561 


of  Ills  office,  ami  wlio  sliaH  liold  liis  office  foi*  tlie  same  term  as 
the  treasurer. 

Sec.  7.  The  treasurer  shall  be  liable  for  the  official  acts  of  Treasurer  uabie 
the  said  clerk  in  the  same  manner  as  if  performed  by  himself, 
and  may  rcupiire  from  him  sufficient  bond  for  the  faithful  dis- 
charge of  his  duty. 


ARTICLE  lY. 

MiscellaTicous  Provisions  Touching  the  Treasury 
Department. 

Section  1.  All  interest  coupons  of  the  bonded  debt  of  the  interest  cou- 
city  of  St.  Louis,  when  not  paid  at  maturity,  shall  bear  interest  terest.^ 
at  the  rate  of  six  per  centum  per  annum  from  their  maturity  until 
they  are  paid. 

Sec.  2.  Such  coupons,  as  well  as  the  interest  matured  upon  coup  ons  receiv- 
them,  as  provided  in  the  next  jireceding  section,  shall  be  received 
as  money  in  payment  of  all  taxes  and  dues  to  the  city,  except  the 
ad  vatorem  tax  on  real  and  personal  property. 

Sec.  8.  All  coupons  received  into  the  treasury  under  the  coupons  to  be 
foregoing  provisions  shall  bo  accounted  for  and  disposed  of  as  mayor!  ^ 
may  be  directed  by  the  mayor  and  comptroller,  with  the  approval 
of  the  fund  commissioner. 

Sec.  4.  All  discount  on  money  sold  or  paid  out  by  the  city  Discount charge- 

^ to  interest 

shall  be  charged  to  the  interest  account.  account. 

Sec.  5.  The  auditor  and  treasurer  shall,  at  the  opening  of  Auditor  and 

, , . 1 -1  f • 1 1 1 1 treasurer  to  fur- 

eacli  stated  session  or  the  common  council,  turnish  that  body  nisu  joint state- 

....  1*1  t-  • 1 • 1 of  income, 

With  a joint  statement  showing  the  amount  of  income  derived  etc. 
from  the  revenue  of  the  preceding  fiscal  year,  the  sources  from 
which  it  was  derived,  and  the  appropriations  thereof,  and  to  what 
object  appropriated ; and  also  the  revenue  received  during  the 
then  fiscal  year,  how  much  less  has  been  appropriated,  and  to 
what  object  it  has  been  appropriated;  and  an  estimate  of  the 
amount  to  be  received  into  the  treasury  during  the  current  fiscal 
year,  from  what  source  to  be  derived,  and  to  what  it  may  be 
applied. 

Sec.  6.  Immediately  after  the  general  election  in  each  year  Mayor  to  ap- 
the  mayor  shall  select  a committee  of  two  members  elect  of  the  committee, 
board  of  common  council,  and  two  citizens  not  members  of  said 
36 


562 


REVENUE. 


Duty  of  examin- council,  to  examine  tlie  books,  accounts,  and  vouchers  of  the 

ing  committee.  , ^ ’ 

auditor,  comptroller,  and  register  of  water-rents,  to  see  if  the 
same  have  been  properly  kept,  and  to  this  end  may  employ 
a competent  and  experienced  book-keeper  or  accountant  to 
assist  them  ; to  make  settlement  ^with  that  officer  to  the  com- 
mencement of  the  fiscal  year,  and  to  witness  the  delivery  of 
all  books,  papers,  and  property  in  his  office  to  his  successor  in 
office. 

cominittee  to  Sec.  7.  Said  Committee  shall  report  their  proceediims  to  the 

report  to  coun-  ^ -l  to 

common  council  at  its  first  stated  or  special  meetings  thereafter, 
and,  if  approved  by  that  body,  they  shall  cause  the  necessary 
entries  to  be  made  in  the  books  of  the  auditor,  comptroller,  and 
register  of  water-rents  to  show  the  condition  of  his  office  at  the 
end  of  the  fiscal  year,  and  the  delivery  of  the  effects  of  his  office 
to  his  successor,  which  entries  shall  be  attested  by  the  signatures 
of  the  committee. 

Committee  to  Sec.  8.  The  Said  Committee  shall,  in  like  manner,  examine 

examine  books 

of^treasurer,  the  books,  papers,  accounts,  and  vouchers  of  the  treasurer,  count 
the  money  in  the  treasury  and  the  auditor’s  warrants  and  certifi- 
cates on  hand,  and  compare  them  with  the  treasurer’s  register 
thereof,  and  make  settlement  with  that  officer  to  the  end  of  the 
fiscal  year,  and  also  for  the  time  elapsing  between  tliat  and  the 

To  report  to  time  of  liis  going  out  of  office,  and  report  their  proceedings  to 
the  council  as  in  the  preceding  section  directed  ; and,  if  such 
, proceedings  and  report  bo  approved  by  that  body,  the  committee 
shall  perform  the  same  service  as  is  required  in  relation  to  the 
sliall,  moroover,  destroy,  by  burning,  all  auditor’s 
warrants  and  certificates  which  they  have  examined  in  the  treas- 
urer’s office  and  found  correct. 

Expense  of  com-  Sec.  9.  The  expoiisos  of  tlio  officoi’s  of  tliis  Committee  shall 

mittee,  how  • i i i i • • e 

paid.  be  paid  by  the  city  out  or  the  appropriation  tor  contingent 

• expenses,  at  an  expense  not  exceeding  five  hundred  dollars. 

Receipts  by  Sec.  10.  All  receipts  given  by  tlie  comptroller  foi-  money 

be  counter-  recc'ived  on  account  of  the  city,  shall,  before  being  delivered 

signed  by  regis-  . i • i 

ter.  to  the  ])arty  paying  any  such  sums  ot  money,  be  countersigned 

Duty  of  register  bv  the  citv  register,  the  latter  taking  a receipt  in  diiiilicate  from 

concerning  re-  o / o i i 

ceipts.  the  comptroller  setting  forth  that  such  money  had  lieeii  jiaid, 

and  for  what  pur[)ose  it  was  paid,  to  said  comptroller;  the  register 
retaining  one  of  said  receipts,  and  the  other  he  shall  deliver  to 


IIEVENI'E. 


the  city  auditor,  'who  sliall  open  an  account  in  liis  hooks  cliarging 
such  sums  as  sho'wii  by  said  receipt  to  the  comptroller. 

Sec.  11.  All  receipts  given  by  the  register  for  money  received  Receip^ts  by  reg- 
on  account  of  the  city,  shall,  before  being  delivered  to  the  party  countersigned 

^ ° ^ hj  comptroller. 

paying  any  such  sums  of  money,  be  countersigned  by  the  comp- 
troller, the  latter  taking  a receipt  in  duplicate  from  the  register  of  comp- 

’ ^ i ^ ® troller  touching 

setting  forth  that  such  money  had  been  paid,  and  for  'what  receipts, 
purpose  it  -was  so  paid,  to  said  register ; the  comptroller  retaining 
one  of  said  receipts,  and  the  other  he  shall  deliver  to  the  city 
auditor,  who  shall  open  an  account  in  his  books  charging  such  co'^merning'^Je-'^ 
sums  as  shown  by  said  receipt  to  the  register.*  ceipts. 

ARTICLE  Y. 

Board  of  ^dssessors — Assessment  of  Frojierty  Regulated. 


Section  1.  At  the  first  stated  session  of  the  common  council 
in  each  year  it  shall  be  the  duty  of  the  mayor  to  appoint,  by 
and  with  the  consent  of  the  board  of  common  council,  five 
competent  men  as  assessors,  each  of  whom  shall  have  resided  in 
the  city  at  least  five  years  next  preceding  their  appointment,  and 
at  least  one  year  in  the  district  from  which  they  shall  be  selected, 
and  they  shall  be  selected  as  follows  ; One  from  the  first  or 
second  ward  ; one  from  the  third  or  fourth  ward  ; one  from  the 
fifth  or  sixth  ward ; one  from  the  seventh  or  eighth  ward  ; 
one  from  the  ninth  or  tenth  ward  ; and  at  the  first  stated  session 
of  the  common  council  in  each  year  the  mayor  shall  likewise,  by 
and  with  the  consent  of  the  common  council,  appoint  a competent 
person  as  president  of  the  lioard  of  city  assessors,  who  shall  have 
been  a resident  of  the  city  of  St.  Louis  at  least  five  years  next 
preceding  his  appointment  ; and  the  said  city  assessors,  together 
with  such  president,  shall  constitute  and  be  the  “board  of  city 
assessors.” 

Sec.  2.  The  president  of  the  board  shall  enter  upon  the 
discharge  of  his  duties  on  the  first  Monday  of  September  in  each 
year  ; the  other  five  assessors  shall  enter  upon  the  discharge  of 
their  duties  on  the  first  Monday  of  October. 


rive  assessors 
to  be  appointed. 


Qualifications 
of  assessors. 


now  selected. 


President  of 
board  of  asses.s- 
ors  to  be  ap- 
pointed; qual- 
ifications of 
president. 

Board  of  assess- 
ors, bow  consti- 
tuted 

When  assessors 
to  enter  on  dis- 
charge of  duties. 


* Hk3  tenth  and  eleventh  sections  of  this  article  are  not  in  the  original 
ordinance,  hut  form  sections  one  and  two  of  ordinance  No.  5572, 
approved  March  23,  1805. 


564 


REVENUE. 


Duties  of  presi- 
dent. 


Auditor  to  de- 
liver assess- 
ment lists  to 
president. 

Lists  to  be  re- 
turned within 
six  months. 

Duties  of  board 
of  assessors. 


Sec.  3.  The  president  of  the  board  of  assessors  sliall,  on  and 
after  the  first  Monday  in  October  in  each  year,  proceed  to  prepare 
and  correct  the  plats  of  the  city  ; and  shall,  immediately  after 
the  passage  of  this  ordinance,  procure  from  the  recorder  of  the 
connty  of  St.  Louis  an  abstract  of  all  transfers  of  property 
within  the  city  filed  and  recorded  from  the  day  of  the  date  of  the 
taking  and  completion  of  the  last  city  assessment,  and  enter  the 
same  alphabetical!}"  in  a suitable  register  to  be  kept  in  the 
assessor’s  office  as  a record  therein  ; the  names  of  the  purchaser 
and  vender  to  be  suitably  columned,  the  date  of  the  transfer,  the 
description  of  the  property,  the  amount  of  the  consideration,  with 
such  brief  remarks  in  the  last  marginal  column  as  in  the  presi- 
dent’s view  may  be  necessary  and  useful ; he  shall  change  the 
plats  of  the  city  to  correspond  with  such  conveyances,  and  make 
such  other  preparations  as  will  enable  the  board  of  assessors  to 
proceed  to  assess  the  property  within  the  limits  of  the  whole  city 
on  and  after  the  first  Monday  of  Oc toiler  following,  as  hereinafter 
provided ; he  shall  also,  by  advertising  in  two  English  and  one 
German  newspapers  of  this  city,  recpiest  all  persons  who  may  own 
or  have  charge  of  any  real  estate  in  the  city  to  call  at  his  office 
at  the  city  hall  and  give  a correct  description  of  such  property  ; 
he  shall  also  certify  to  the  city  auditor  the  number  of  abstracts 
procured  from  said  recorder,  as  aforesaid,  and  also  the  amount  of 
said  advertising,  to  be  paid  out  of  the  appropriation  for  contin- 
gencies. No  assessment  shall  be  made  by  any  assessor  of  real 
estate  in  the  city  of  St.  Louis  in  the  name  of  any  person  whose 
name  does  not  appear  from  the  records  of  the  county  of  St.  Louis 
as  the  owner  of  such  real  estate. 

Sec.  4.  On  the  first  Monday  of  September  in  each  year  the 
city  auditor  shall  deliver  to  the  president  of  the  board  of  assessors 
the  entire  preceding  assessment  lists  of  the  city,  which  lists  shall 
be  returned  to  tlie  auditor  within  six  months. 

Sec.  5.  The  board  of  assessors  shall,  on  the  first  Monday  of 
October  succeeding  their  appointment,  proceed  to  examine  and 
assess  all  property  within  the  city  subject  to  taxation  at  its  casli 
value,  the  value  of  real  estate  to  be  determined  by  a majority  of 
the  assessors  ; and  shall  make  out,  in  suitalile  liooks,  one  for 
each  ward  (two  of  which  books  shall  be  made  out  by  eacli  of  the 
assessors),  a list  of  all  such  property  and  of  persons  chargeable 


\vitli  a poll-tax,  descvibiiig  in  sc])ara-tc  columns  the  property,  and, 
where  the  same  is  real  estate,  giving  the  (piantity,  metes,  and 
hounds  thereof,  and  the  value  of  the  ground  and  that  of  the 
iinprovements  separately,  and  shall  charge  all  personal  property 
to  the  oAvner,  according  to  the  rate  Avhere  located,  with  his  real 
estate,  if  he  has  any  ; and,  Avhen  real  estate  is  leased,  the  owner 
thereof  shall  be  authorized  to  list  Avith  the  assessors  in  such  pro- 
portions as  it  is  leased. 

Sec.  ().  Said  lists  shall  be  arranged  by  blocks,  according  to 
their  numerical  order  on  the  city  map  in  the  city  engineer’s  office, 
and  opposite  the  name  of  each  person  Avdio  pays  a poll-tax  shall 
be  stated  the  street  and  number  of  the  house  in  Avhich  such  person 
resides,  if  the  same  be  numbered,  otherAvise  such  designation  as 
Avill  enable  the  collector  readily  to  find  the  person  ; and  each  list 
shall  1)6  made  out  in  a separate  book  for  each  Avard,  as  shall  also 
the  census  of  the  city  ; and  the  lists  shall  be  so  arranged  as  to 
distinguish  the  property  and  other  taxes  in  the  old,  iieAV,  and 
new  extended  limits  of  the  city,  separately. 

Sec.  7.  The  president  of  the  board  of  assessors  shall,  in 
assessing  property,  determine  as  to  the  portions  of  the  city  Avhich 
the  assessors  shall  attend  to  in  discharging  their  duties  ; and  each 
assessor  shall  be  responsible  for  a correct  assessment  of  the  per- 
sonal property,  and  also  a correct  list  of  tlie  real  estate  in  the 
tAvo  adjoining  Avards  apportioned  to  him  to  assess. 

Sec.  8.  Tdie  board  of  assessors  shall,  after  they  have  each 
separately  assessed  all  the  personal  property  as  aforesaid,  and 
examined  the  real  estate  and  listed  the  same  Avith  the  OAAUiers 
thereof,  proceed  jointly  to  assess  all  the  real  estate  in  the  city, 
the  value  of  Avhich  is  to  be  determined  on  the  premises  by  a 
majority  of  the  assessors  in  case  of  disagreement. 

Sec.  0.  The  value  of  the  improvements,  buildings,  manufac- 
turing establishments  and  their  machinery,  and  so  forth,  shall  be 
fixed  and  determined  by  the  assessors. 

Sec.  to.  Either  of  the  aforesaid  assessors  is  authorized  to 
demand  of  every  person  OAvning  or  having  charge  of  any  taxable 
property,  as  agent,  guardian,  curator,  trustee,  or  otherAvise,  a 
list  of  such  property,  Avith  such  description  as  Avill  enable  him 
to  list  and  assess  the  same;  and,  if  any  person  refuse  to  shoAV 
the  assessor,  Avhen  called  on,  all  such  taxable  property,  then  the 


Lists  of  proper- 
ty, bow  uiade 
out. 


Assessors  re- 
sponsible for 
certain  assess- 
ment. 


Value  of  real 
estate  to  be  as- 
sessed by  board. 


Value  of  im- 
provements, 
etc.,  to  be  fixed. 


Assessors  au- 
thorized to  de- 
mand list  of 
property,  etc. 


566 


REVENUE. 


Penalty  for  re- 
fusing to  list 
property. 


Unknown  own- 
ers, how  to  be 
ascertained. 


Assessment  of 
property  not  as- 
sessed formerly. 


President  to  su- 
perintend as- 
sessments. 

Books  to  be  made 
out  at  city  hall. 


Interpreter  may 
be  employed. 


Board  to  make 
return  to  aud- 
itor. 


Auditor  to  noti- 
fy mayor. 


Mayor  to  con- 
vene council  as 
court  of  appeals. 


I’arties  ag- 
grieved by  as- 
sessment, may 
appeal. 


assessor  shall  proceed  to  assess  the  same  according  to  his  best 
judgment,  and  shall  add  twenty  per  cent,  to  said  assessment  as 
a penalty  for  such  refusal. 

Sec.  11.  If  either  of  the  assessors  find  property  within  the 
city  the  owner  of  which  is  unknown,  he  shall  apply  at  the 
county  recorder’s  office  for  the  requisite  information,  and  take 
such  other  measures  as  may  be  in  his  power  to  obtain  the  same ; 
failing  in  which,  he  shall  mark  the  property  as  that  of  an  owner 
unknown. 

Sec.  12.  If  any  of  the  assessors  shall  discover  any  taxable 
property  which  has  not  been  assessed  in  any  previous  year,  the 
same  shall  be  assessed  for  each  year  in  which  it  was  not  assessed 
at  the  value  thereof  when  the  same  should  have  been  given  in, 
and  the  assessor  shall  note  the  same  upon  his  books. 

Sec.  13.  The  president  of  the  board  of  assessors  shall  exercise 
a general  superintendence  and  direction  over  the  manner  in  which 
the  assessment  shall  be  made,  and  also  the  making  out  of  the 
books  or  lists  of  property  as  aforesaid,  which  shall  be  made 
out  at  his  office  at  the  city  hall,  and  each  assessor  shall  devote 
his  whole  time  to  the  discharge  of  his  duties  until  the  assessment 
is  finished  and  returned  as  hereinafter  provided. 

Sec.  14.  Each  assessor,  when  necessary  in  making  the  assess- 
ment, may  employ  an  interpreter,  by  and  with  the  written  consent 
of  the  comptroller,  but  not  otherwise,  who  shall  be  sworn  faith- 
fully and  truly  to  interpret  in  all  cases  where  his  services  may  be 
necessaiy . 

Sec.  15.  It  shall  be  the  duty  of  the  board  of  assessors  to  make 
a joint  return  to  the  city  auditor,  on  or  before  the  first  day  of 
April  of  each  year,  of  the  whole  assessment  of  the  property  in 
the  city. 

Sec.  16.  Upon  the  receipt  of  the  assessment  lists  as  aforesaid 
the  city  auditor  shall  notify  the  mayor  thereof,  who  shall  there- 
upon call  a meeting  of  the  board  of  common  council  to  hear  and 
determine  all  appeals  from  the  assessment,  and  to  correct  all  errors 
that  may  be  found  in  the  lists,  and  to  give  notice  in  the  papers 
doing  the  city  printing  of  the  time  and  place  of-'  meeting  of  said 
board  at  least  ten  days  pilor  to  the  meeting  of  the  same. 

Sec.  it.  All  persons  who  feel  themselves  aggrieved  by  the 
assessment  of  their  property  may  api)eal  to  the  said  ])oard  of 


REVENUE. 


567 


comnion  council,  sitting  as  a court  of  appeals,  and  every  appeal 

shall  be  in  writing  and  shall  state  specifically  the  grounds  of  the  ^ipp^ais,  wiiat 

appeal  and  the  matter  or  thing  complained  of; ; and  no  other 

matter  shall  be  considered  by  the  board. 

Sec.  18.  The  board  of  comnion  council,  sitting  as  a court  of  court  of  ap- 

° peals,  how  to 

appeals,  shall  hear  and  determine  all  appeals  in  a summary  way,  proceed, 
and  correct  any  error  that  they  may  discover  in  the  assessment 
lists,  and  place  upon  such  lists  any  assessable  property  not 
already  listed,  and  may  increase  or  diminish  any  assessment,  as 
they  see  fit. 


Sec.  19.  Wlien  the  said  board  of  appeals  shall  have  corrected 
and  adjusted  the  lists,  the  president  thereof  shall  certify  the 
same  and  cause  them  to  be  delivered  to  the  city  auditor. 

Sec.  20.  Upon  the  receipt  of  such  lists  the  auditor  shall 
extend  the  same  and  enter  in  an  appropriate  column  the  amount 
of  tax  due  from  each  person.  He  shall  deliver  the  books  to  the 
respective  assessors,  who  shall  immediately  make  out  the  tax-bills 
for  their  respective  districts  and  deliver  the  same  to  the  auditor, 
with  the  certificate  that  the  bills  so  made  out  are  a true  transcript 
from  the  assessor’s  books ; and  the  auditor  shall  immediately 
deliver  to  each  collector  all  accounts  for  taxes  in  his  ward  and 
take  their  respective  receipts  for  the  aggregate  amount  delivered 
to  each,  and  charge  the  same  to  them  respectively. 

Sec.  21.  Any  errors  in  the  extension  of  such  lists  which  may 
at  any  time  be  discovered  may  be  corrected  by  the  auditor,  and 
new  accounts  for  taxes  delivered  to  the  collector  either  before  or 
after  the  payment  of  the  erroneous  account;  as  shall  also  in  case 
of  any  errors  corrected  as  hereinbefore  mentioned. 

Sec.  22.  The  president  of  the  board  of  assessors  shall  attend 
the  sessions  of  the  court  of  ap})eals  and  furnish  all  the  informa- 
tion he  can  to  the  said  court  relative  to  the  property  in  any 
assessment  from  which  there  may  be  an  appeal,  as  well  as  upon 
all  subjects  appertaining  to  his  office  or  upon  which  the  said 
court  may  desire  information;  and  shall,  Avhen  not  otherwise 
employed,  correct  the  plats  of  the  city  in  his  office  connected 
with  the  assessments,  and,  when  necessary,  make  out  new  ones 
and  mark  the  subdivisions  and  the  names  of  the  owners  of  the 
property  thereon.  He  shall  also,  wdien  recpiested  by  the  common 
council,  make  out  a list  of  all  real  estate  which  may  be  in  arrears 


Lists  to  be  cer- 
tified by  presi- 
dent of  court  of 
appeals. 


Diities  of  aud- 
itor concerning 
tax  lists. 


Errors  in  exten- 
sion may  be  cor- 
rected by  aud- 
itor. 


President  of  as-, 
sessors  to  at- 
tend court  of  ap- 
peals ; duties  o£ 
president. 


568 


REVENUE. 


Comptroller  and 
president  to 
make  certain 
corrections  in 
assessments. 


Corrections  not 
to  be  made,  ex- 
cept upon  affi- 
davit. 


Auditor  to  be 
notified  of  cor- 
rections made. 


Taxes  erroneous- 
ly paid  to  be  re- 
funded. 


Parties  failing 
to  list  properly, 
not  entitled  to 
relief,  except 
upon  payment 
of  additional 
tax. 


to  the  city  for  taxes,  and,  if  necessary,  ascertain  the  owners  of 
the  property  at  the  time  of  making  out  said  lists  ; and  do  and 
perform  such  other  duties,  not  interfering  with  the  stated  duties 
of  his  office,  as  the  common  council  may  direct. 

Sec.  28.  The  city  comptroller  and  president  of  the  hoard  of 
city  assessors,  acting  jointly,  are  authorized,  and  it  is  hereby 
made  their  duty,  to  correct  (after  the  adjournment  of  the  court 
of  appeals)  clerical  errors  found  to  exist  in  the  city  tax-books, 
errors  in  the  assessment  of  personal  property,  and  errors  as  to 
quantity  in  the  assessment  of  real  estate ; they  shall,  moreover, 
cancel  all  assessments  of  improvements  where  no  improvements 
are  found  to  exist;  and  they  shall,  in  case  of  assessment  of 
personal  property  with  such  real  estate  as  after  the  date  of 
the  assessment  may  have  changed  ownership  by  foreclosure  of 
mortgage  or  deed  of  trust,  judgment  of  court,  or  other  compul- 
sory operation  of  law  beyond  the  control  of  the  party  who  was 
owner  at  the  time  of  the  assessment,  separate  the  assessment  of 
the  personal  from  the  real  estate. 

Sec.  24.  No  assessment  of  property  shall  be  corrected,  can- 
celed, or  separated,  as  provided  in  the  preceding  section,  unless 
the  party  assessed,  or  his  attorney  or  agent,  it  the  facts  are  of 
the  personal  knowledge  of  such  attorney  or  agent,  shall  first  file 
an  affidavit  with  the  city  comptroller,  and  produce  such  other  and 
further  testimony  as  may  be  required  by  said  conqitroller  and  the 
president  of  the  board  of  assessors,  detailing  all  the  facts  con- 
cerning such  assessment,  and  particularly  stating  the  amount  and 
the  kinds  of  personal  property  for  which  said  party  was  legally 
assessable,  and  whether  said  personal  property  was  all  assessed 
or  not. 

Sec.  25.  The  comptroller  and  the  president  of  the  board  of 
assessors  shall  notify  the  city  auditor  ol‘  all  corrections  and  other 
acts  by  them  made  or  done  under  the  provisions  of  this  ordinance ; 
and  the  city  auditor  shall  thereiqion,  as  the  case  may  reipiire, 
issue  new  accounts  to  the  collectors  or  draw  his  warrant  on  the 
city  treasurer,  payable  out  of  the  contingent  fund,  for  the  amount 
of  tax  erroneously  collected:  Provided^  a/ivaijs^  that  jiersons 
who  may  have  failed  to  file  a list  of  their  projierty,  as  reipiired 
by  section  tenth  of  the  ordinance  to  which  this  is  amendatory, 
shall  not  be  entitled  to  the  benefits  of  any  provisions  contained 


llEYENUJ^l 


in  tills  ordinance,  except  upon  tlie  iiayinent  liy  tlieni  of  an  addi- 
tional tax  of  twenty  })er  centum  upon  tlie  propei'ty  legally  assessed 
against  them  and  included  in  any  tax-bill  sought  by  them  to  he 
corrected  ; and  the  certificates  of  the  com])troller  and  the  jiresident 
of  the  hoard  of  assessors  to  the  city  auditor,  issued  under  this 
ordinance,  shall  be  drawn  specially  with  the  \dew  to  secui’e  the 
collection  of  said  additional  per  centage. 

Sec.  26.  It  shall  he  the  duty  of  the  collectors  of  revenue  to  (Collectors  to  re- 

■>  • 1 oil  1 r*  e changes  of 

report  to  ttie  president  ot  the  board  or  assessors  all  changes  or  ownership. 
OAvnership  in  real  estate  Avhich  may  come  to  their  knmvledge 
during  the  time  they  are  collecting  the  real- estate  taxes  ; Avhere- 
upon  he  shall  correct  the  plats  of  the  city  connected  ivith  the 
ass es s m en t a c c or di n gly . 

Sec.  27.  Each  assessor  shall  hold  his  office  for  one  year,  or  Term  of  office  of 
until  his  successor  is  appointed  and  tpialified,  or  until  othenvise 
provided  by  the  common  council,  or  unless  sooner  removed  by 
the  mayor  for  inability  or  non-performance  of  his  duties,  as^ 
hereinafter  stated. 

Sec.  28.  The  president  of  the  board  of  assessors  is  authorized  President  mav 

^ employ  additi on- 

to emiiloy  a suitable  person  to  act  as  clerk  of  the  board ; and, 

, , ^ . . draughtsman. 

Avliencver  an  additional  clerk  or  draughtsman  is  needed  in  the 
assessor’s  office,  ap})lication  therefor  shall  be  made  by  the  presi- 
dent of  the  board  to  the  mayor  and  comptroller,  who,  upon 
being  satisfied  of  the  necessity  of  the  same,  shall,  by  authority 
in  Avriting,  autliorize  the  president  to  employ  such  needful  clerk 
or  draughtsman.  Such  authority  shall  state  the  time  for  Avhich 
such  employment  shall  last,*  and  no  clerk  or  draughtsman  shall 
be  deemed  liired  or  in  the  pay  of  the  city  until  his  appointment 
liy  the  president  shall  he  countersigned  ])y  the  mayor  and  comp- 
troller; and  the  pay-rolls  of  such  clerk  or  drauglitsman  shall  he 
made  out  and  certified  to  by  the  president,  and  countersigned  by 
the  mayor  and  comptroller,  before  the  same  are  audited. 

*Tli(;  words  ‘‘and  tlie.  amount  of  salary,  Avlueli  sliall  not  exceed  ei^'lity- 
tliree  and  tlilrtv-tlirec  hundredths  dollars  ])(“r  month,”  contained  in  the 
original  ordinance*,  after  the  words  “tlu;  time  for  which  such  emi)loyuient 
shall  last,  ” in  the  twe'nty-ei^hth  section,  article  V,  are  rc'pealed  by  ordi- 
jiance  No.  5489,  approv(Ml  January  27,  18(15. 


570 


REVENUE. 


Levying  of  tax- 
es. 


Collectors  of 
revenue  to  be 
appointed. 


Qualifications  of 
collectors. 


Beginning  of 
term  of. 


Bonds  of  col- 
lectors. 


Duties  of  col- 
lectors. 


To  collect  ac- 
counts. 


To  collect  li- 
cense taxes. 


ARTTGLE  VI. 

Taxes. 

Section  1.  For  the  support  of  the  city  government,  payment 
of  the  city  debt,  and  interest  thereon,  and  for  the  improvement, of 
the  city,  a tax  shall  be  levied  annually,  to  be  fixed  by  ordinance, 
upon  all  property  made  taxable  by  the  laws  of  the  State  within 
the  limits  of  the  city,  together  with  a poll-tax  upon  all  free  white 
male  persons  over  twenty- one  years  of  age,  and  all  free  colored 
persons  over  said  age,  who  shall  have  resided  six  months  in 
the  city. 

ARTICLE  VII. 

Collectors  and  Collection  of  Taxes. 

Section  1.  At  the  second  stated  session  of  the  board  of 
common  council  in  each  year  there  shall  be  appointed,  by  and 
with  the  advice  and  consent  of  said  board,  a collector  of  the  city 
revenue  for  each  ward  of  the  city,  who  shall  be  a resident  of  the 
ward  from  which  he  is  appointed,  and  possess  the  other  qualifica- 
tions requisite  to  city  officers,  and  who  shall  enter  upon  his  duties 
on  the  first  day  of  January  next  succeeding  his  appointment. 

Sec.  2.  The  official  bond  of  the  collectors  shall  be  as  follows : 
Fifth  and  Sixth  wards,  fifty  thousand  dollars  each;  all  others, 
in  the  sum  of  twenty-five  thousand  dollars,  with  at  least  four 
sufficient  securities,  to  be  approved  by  the  mayor. 

Sec.  3.  It  shall  be  the  duty  of  each  collector,  within  the  ward 
for  which  he  is  appointed  : 

First — To  collect  all  accounts  for  taxes  placed  in  his  hands 
for  collection. 

Second  — To  receive  from  the  city  register  and  issue  and 
deliver  all  licenses  which  are  recpiired  to  l)c  tahen  out  for  the 
prosecution  of  any  business,  or  for  any  exhibition  or  other  thing, 
when  the  duty  of  issuing  such  license  is  not  imposed  upon  another 
officer;  and  to  collect  the  tax  upon  such  license,  and  to  register 
all  such  licenses  in  a suitable  book,  with  the  name,  business,  and 
residence  of  the  licentiate,  and  the  amount  collected  thereon,  and 
to  make  return  co})y  of  such  register  to  the  city  register  on  every 
Saturday. 


llEAa^NUE. 


571 


Third — To  keep  in  suitable  books,  to  be  fiirnislicd  by  tlic 
city  comptroller  upon  bis  entering  on  the  duties  of  bis  office, 
separate  and  correct  accounts  of  all  bills  for  taxes,  of  wbatsoever 
kind,  under  their  appropriate  heads,  as  received  from  any 
authorized  city  officer,  specifying  tlie  amount  of  each  bill  sepa- 
rately, and  the  name  or  names  of  the  person  or  persons  from 
whom  such  amount  is  due ; and,  when  any  such  bill  shall  be 
collected,  the  amount  and  the  name  of  the  party  paying  the  same 
shall  be  immediately  entered  opposite  the  original  entry  of  such 
bill.  At  the  time  of  making  annual  settlement  these  books  shall 
be  delivered  to  the  city  comptroller,  therein  directly  setting  forth 
the  entire  amount  of  bills  received  during  the  year,  the  amount 
collected  therefrom,  deposits  made  in  the  city  treasury,  and  the 
amount  of  bills  returned  to  the  auditor  as  delinquent  and 
uncollected. 

Fourth — To  pay  to  the  treasurer,  on  Saturday  of  each  week, 
all  money  or  auditor’s  warrants  collected  by  him,  taking  receipts 
therefor,  one  of  which  shall  be  fded  with  the  auditor  immediately. 

Fifth — To  require  all  persons  doing  any  business  for  which 
they  are  required  to  take  out  a license,  to  do  so. 

Sixth — To  report  to  city  attorney  and  recorder  all  persons 
engaged  in  any  business  illegally,  without  license ; and 

Seventh — To  report  to  the  comptroller,  under  oath,  on  the  last 
Saturday  of  each  and  every  month,  the  whole  amount  of  money 
and  warrants  collected  and  payments  made  into  the  treasury 
during  the  month  preceding. 

Skc.  4.  Upon  the 'delivery  of  the  accounts  for  taxes  to  the 
collectors  by  the  auditor,  the  comptroller  shall  give  notice  of  the 
fact  in  the  papers  employed  by  the  city,  and  in  one  or  more 
German  papers,  for  twenty  days,  embracing  in  said  notice  the 
name  of  the  collector  of  each  ward  and  the  location  of  his  office. 

Skc.  5.  Whenever  any  real  estate  included  in  one  tax-bill  is 
proved  to  the  satisfaction  of  the  comptroller  to  consist  of  two 
or  more  lots  or  ])ieces  of  ground,  owned  by  two  or  more  diffierent 
persons  or  parties,  he  shall  cause  to  be  made  out,  on  application, 
separate  bills  for  the  pro})erty  of  such  jiersons,  dividing  the 
amount  of  the  original  tax-bill  in  the  same  proportion  as  the 
property  is  owned  by  the  said  })ersons  ; and  to  receive  from  each 
of  them,  respectively,  the  amount  of  such  separate  bills. 


To  collect  and 
keep  account  of 
tax-billa. 


To  pay  over 
moneys  to  treas- 
urer every  Sat- 
urday. 


To  require  per- 
sons to  take  out 
license. 

To  report  par- 
ties doing  busi- 
ness without  li- 
cense. 

To  report  to 
comptroller 
amounts  col- 
lected. 


Delivery  of  tax- 
bills  to  be  pub- 
lished. 


Comptroller 
may  divide  tax- 
bills. 


572 


REA^ENUE. 


Collectors  to 
call  on  parties 
owing  taxes 


Proceedings,  if 
payment  be  not 
made. 


To  report  delin- 
quent taxes. 


Duty  of  auditor 
and  comptroller 
touching  delin- 
quent taxes. 


To  return  unpaid 
tax-bills. 


.Vuditor  to 
transfer  unpaid 
tax-bills  to 
comptroller. 


Compensation 
of  collectors. 


Sec.  0.  The  collectors  of  the  several  wards  shall,  within  three 
weeks  after  the  first  appearance  of  said  notice,  call  upon  each 
and  every  person  from  whom  taxes  are  due,  or  their  authorized 
agents,  and  demand  payment  of  same;  and  in  case  such  payment 
be  not  made  before  the  time  for  returning  such  Itills  to  the 
auditor,  they  shall  make  a statement  upon  every  bill  unpaid  at 
that  time,  verified  by  an  oath,  setting  forth  the  facts,  in  each 
particular  case,  why  said  bids  could  not  be  collected,  whether 
payment  was  refused  by  the  persons  from  whom  due  or  their 
authorized  agents,  or  if  such  persons  are  non-residents  and  could 
not  be  found. 

Sec.  7.  Each  collector  may,  from  time  to  time,  report  to  the 
cit}^  auditor  a list  of  all  taxes,  other  than  those  upon  real  estate, 
which  from  any  cause  cannot  be  collected.  Such  list  shall  be 
accompanied  by  a statement  of  the  collector,  verified  by  an 
affidavit,  why  such  taxes  are  uncollectable,  to  the  best  of  his 
knowledge  and  belief ; that  he  has  made  diligent  effort,  and  has 
not  been  able  to  collect  said  taxes  ; that  he  does  not  know  of  any 
way  in  which  the  same  can  ])c  made,  and  believes  they  can  not  be 
made  if  kept  in  his  hands.  The  city  auditor,  in  connection  with 
the  city  comptroller,  shall  examine  such  lists,  and  if,  in  their 
opinion,  proper  efforts  have  been  made  for  the  collection  of  the 
taxes  specified  in  such  lists,  they  shall  endorse  thereon  their  joint 
certificate  to  that  effect,  and  the  auditor  shall  credit  the  collector 
making  such  report  with  the  amount  of  the  taxes  specified  and 
collected  in  any  such  list. 

Seo.  8.  On  the  first  Monday  of  November  in  each  year  the 
collectors  shall  make  out  a complete  list,  in  the  numerical  order 
of  city  l)locks,  of  all  tax-bills  for  real  estate  then  in  their  pos- 
session unpaid,  and  return  such  lists  and  all  tax-bills  named 
therein  to  the  auditor,  who  shall  allow  each  credit  in  his  bDoks 
for  the  aggregate  amount  returned  by  him. 

Sec.  9.  Upon  such  return  being  made,  the  auditor  shall,  as 
soon  as  he  has  examined  said  lists  and  bills,  transfer  them  to 
the  comptroller,  taking  his  receipt  therefor  and  charging  him 
therewith. 

Sec.  10.  Each  collector  shall  receive  for  his  services  the  fol- 
lowing compensation  ; On  each  sum  collected  by  him  from  any 
one  person,  copartnership,  or  association,  if  all  the  taxes  assessed 


to  and  to  bo  collcctod  from  suoli  person,  oopartnorsliip,  oi-  asso- 
ciation, at  any  one  time  do  not  exceed  the  sum  of*  one  dollar, 
twenty-five  i)tr  cent.;  if  it  exceed  two  dollars,  and  be  less  than 
live  dollars,  five  per  cent.;  if  it  exceed  five  dollars,  and  be  less 
than  ten  dollars,  three  per  cent.;  if  it  exceed  ten  dollars,  and  be 
less  than  twenty  dollars,  two  per  cent.;  and  if  it  exceed  twenty 
dollars,  one  and  a (piarter  per  cent.;  Provided however,  that 
when  said  collectors  shall  have  collected  sufficient  taxes  to  entitle 
them,  respectively,  to  fifteen  hundred  dollars  commission  under 
the  provisions  of  this  section,  that  then,  for  all  further  collection 
of  taxes,  they  shall  be  entitled  to  a fee  of  one-half  of  one  per 
cent.,  but  no  more.* 

ARTICLE  VIII. 

Delinquent  Taxes. 

Section  1.  The  mayor  and  comptroller,  and  committee  on 
ways  and  means,  are  hereby  authoi’ized  and  directed  to  employ  a 
special  tax  attorney,  on  such  terms  as  they  may  deem  reasonal)le, 
to  enforce  the  collection  of  all  delimpient  tax-bills  or  accounts 
due  to  the  city,  now  on  file  in  the  office  of  the  city  register;  and 
it  shall  be  the  duty  of  said  attorney  to  institute  legal  proceedings 
forthwith,  in  conformity  with  existing  laws,  for  tlie  recovery  of 
such  delinquent  taxes,  in  all  cases  where,  in  his  opinion,  suits  at 
law  will  be  availing.  Said  attorney  sliall  also,  when  directed  by 
the  comptrollei*,  bring  suits  in  the  proper  courts  to  obtain 
possession  of  such  real  estate  as  has  been  sold  for  taxes  and 
bought  in  by  the  city,  ])rovided  the  time  limited  ])y  ordinance  for 
the  redemption  of  the  same  has  exq)ired. 

Sec.  2.  It  sliall  lie  the  duty  of  the  city  ix'gister  to  mahe  out 
and  deliver  to  sai  1 attormyq  under  the  seal  of  his  office,  copies 
of  such  delimpiont  tax-bills  or  accounts  on  record  in  his  office 
as  may  be  required  of  him  for  collection  under  the  jirovisions  of 
this  ordinance,  and  to  take  the  receipt  of  said  attorney  therefor. 
The  register  shall  also  keep,  in  a separate  book,  an  account 

*A11  iift(‘r  tlu*  words  ‘‘but  no  more,”  in  section  ten  of  artiele  VII  of 
the  original  ordinance,  is  repealed  by  ordinance  No.  5489,  approved 
January  17,  I8G5. 


Special  tax  at- 
torney to  be  em- 
ployed. 


Duty  of  special 
tax  attorney. 


Register  to  de- 
liver to  tax  at- 
torney copies  of 
deliiKiuent  tax- 
bills. 


574 


REVENUE. 


Delinquent  tax- 
bills  to  be  deliv- 
ered to  tax  at- 
torney. 


■Rate  of  interest 
on  delinquent 
taxes. 


Assessors  to  as- 
sess property 
not  before  as- 
sessed. 


Rate  of  interest 
on  certain  tax- 
bills. 


Liquors  not  tobe 
sold  without  li- 
cense. 


Drtini-shop  keep- 
er dell  tied. 


of  all  bills  delivered  to  said  attorney  for  collection  and  of  all 
moneys  received  from  him. 

Sec.  3.  All  taxes  which  shall  hereafter  be  returned  to  the 
city  comptroller  as  delinquent,  shall,  on  the  first  day  of  January, 
eighteen  hundred  and  sixty-four,  and  thereafter  on  the  first  day 
of  January  each  and  every  year,  be  delivered  to  the  special  tax 
attorney  for  collection,  as  provided  by  an  act  of  the  general 
assembly  of  the  State  of  Missouri,  approved  January  seventh, 
eighteen  hundred  and  sixty- three,  and  entitled  An  act  in  rela- 
tion to  the  assessment  and  collection  of  taxes  in  the  city  o.f  St. 
Louis,  levied  for  the  purpose  of  the  government  thereof.” 

Sec.  4.  All  delinquent  taxes  remaining  unpaid  after  the  dates 
last  above  mentioned  shall  bear  interest  at  the  rate  of  one  per 
cent,  per  month  from  the  time  the  same  were  returned  to  the 
comptroller  as  delinquent  until  the  same  shall  be  fully  paid;  and 
the  parties  delinquent  shall  also  pay  all  costs  of  any  suits  that 
may  have  been  instituted  for  the  collection  of  such  taxes,  together 
with  all  other  lawful  charges. 

Sec.  5.  The  city  assessors  shall  at  once  proceed  to  assess  the 
taxes  on  all  property  upon  which  the  assessment  of  any  former 
year  has  not  been  made,  and  upon  which  assessments  have  been 
made  to  the  wrong  party,  or  in  any  other  erroneous  manner ; and 
all  such  tax- bills,  as  soon  as  made  out,  shall  be  delivered  to  the 
special  tax  attorney,  and  shall  be  collected  in  the  manner  pro- 
vided for  delinquent  taxes.  All  such  bills  shall  bear  the  same 
interest  as  is  provided  for  in  this  ordinance  and  the  ordinance  to 
which  this  is  supplementary. 

ARTICLE  IX. 

Taverns^  Dram-Shops^  and  Beer- Houses. 

Section  1.  No  person  or  copartnership  of  persons  shall,  in 
this  city,  directly  or  indirectly,  in  person  or  by  another,  sell, 
barter,  or  deliver,  or  knowingly  permit  to  be  sold,  bartered,  or 
delivered,  for  or  on  his  or  their  account,  any  wine  or  spirituous 
or  fermented  liquor,  without  a license  first  obtained,  according 
to  the  provisions  of  this  ordinance,  as  a dram-shop  keejier, 
tavern  keeper,  or  keeper  of  a beer-house. 

Sec.  "1.  A dram-shop  keeper,  or  tavern  keeper,  is  a ])erson 
permitted  by  law,  being  licensed  according  to  the  provisions  of 


REVENUE. 


575 


this  ordinance,  to  sell  intoxicating  and  i'crnionted  li([nors  in  any 
quantity  less  than  a (juart,  to  bo  drunk  at  the  place  of  sale.* 

Sec.  3.  A keeper  of  a becr-honse  is  a person  permitted  by  necr-house 

, , . T T , ......  ..  keeper  defined. 

law,  being  licensed  according  to  the  provisions  or  tins  ordinance, 
to  sell  fermented  liquors  in  any  quantity  less  than  a quart,  to  be 
di’iink  at  the  place  of  sale. 

Sec.  4.  No  keeper  of  a beer-house  shall  barter  or  give  away  Beer-house 

^ ^ keeper  not  to 

at  his  beer-house  any  wine  or  spirituous  liquor,  under  any  pre- 
tense  whatever. 

Sec.  5.  On  payment  to  the  collector  of  the  ward  in  which  the  collector  to  is- 

^ r*  1 1*0  licenses  for 

business  is  proposed  to  be  carried  on  of  the  sum  hereinafter  six  months, 
required,  he  shall  issue  a license  to  the  applicant  to  keep  the  kind 
of  establishment  applied  for,  for  six  months  from  the  date  of  the 
license,  in  the  tenement  designated  in  the  license. 

Sec.  6.  No  person  or  persons  so  licensed  shall,  under  such  Persons  licensed 

^ ^ to  sell  only  at 

license,  keep  a tavern  or  dram-shop  at  any  other  place  than  the  place  designated 
place  designated ; Provided ^ that  he  or  they  may  remove  the 
carrying  on  of  such  business,  during  the  continuance  of  such 
license,  from  the  tenement  designated  therein  to  any  other  tene- 
ment in  the  city. 

Sec.  7.  No  license  granted  under  this  articlef  shall  be  assign-  i licenses  not 

° ° transferable. 

able  or  transferable. 

Sec.  8.  This  articlef  shall  not  be  construed  to  apply  to  the  Not  to  apply  to 

11  1 .....  1 . 1 merchants. 

sale,  by  a person  as  a merchant,  of  intoxicating  Inpiors,  accord- 
ing to  the  provisions  of  the  article  regulating  merchants’  licenses. 

Sec.  9.  The  term  ‘‘intoxicating  liipiors,”  as  used  in  this  TerTu  ‘^intoxi- 
articlef,  shall  lie  construed  to  mean  wine  and  spirituous  liipior,  dehned.'^*'^'^*'' 
and  any  composition  of  Avhich  Avine  and  spirituous  liquor,  or 
either,  is  a part. 

Sec.  10.  For  a license  as  a tavern  kee})er  or  dram-shop  Amount  of  u- 
keeper  there  shall  be  paid  tiventy-five  dollars,  and  for  a license 
to  keep  a beer-house,  ten  dollars  ; and  any  such  license  shall 
authorize  the  business  therein  designated  to  be  carried  on  at  one 
place  only. 

* The  words  “to  be  drunk  at  tlie  place  of  .sale,”  are  added  by  ordi- 
nance No.  5552,  apjiroved  March  24,  18G5. 

f The  word  “ordinance,”  in  the  .seventh,  eighth,  and  ninth  sections 
of  article  IX  of  this  ordinance,  is  changed  to  “article”  by  ordinance 
No.  5489,  approved  Janiifiry  17,  18G5. 


REVENUE. 


Collect  ors  to  re- 
port amount  of 
licenses  granted  o*tcll 


Sec.  11.  It  shall  bo  the  <liity  of  the  collector  of  the  revenue 
ward  of  the  city  of  St.  Louis  to  report  to  the  city 


Penalty  for  vio- 
lating this  arti- 
cle. 


register,  on  the  first  Monday  of  every  month,  the  number  of 
license  granted  to  keep  a tavern,  dram-shop,  or  beer-house,  and 
the  names  of  the  persons  to  whom  granted,  and  whether  the  same 
was  for  a tavern,  dram-shop,  or  beer-house,  and  the  name  of  the 
street  and  the  number  of  the  house  for  which  the  license  was 
granted. 

Sec.  12.  Whoever  shall  violate  any  of  die  provisions  of  this 
ordinance  shall  forfeit  and  pay  to  this  city,  for  the  first  offense, 
not  less  than  twenty  dollars  ; for  the  second  and  each  subsequent 
offense,  not  less  than  fifty  dollars  ; and,  upon  a third  conviction, 
the  license  of  the  person  so  convicted  shall  be  adjudged  to  be 
forfeited  ; and  no  license  to  keep  a tavern,  dram-shop,  or  beer- 
house, shall  again  be  granted  to  the  person  so  convicted. 

Sec.  13.  It  shall  be  the  special  duty  of  the  collector  of  each 
ward  of  this  city  to  see  that  the  provisions  of  this  ordinance  are 
enforced. 

Sec.  14.  That  for  the  collection  of  all  dram-shop  and  beer- 
house licenses  which  shall  not  be  paid  within  ten  days  after  the 
time  required  by  law,  the  city  collector  shall  be  allowed  a fee  of 

Penalty  for  fail-  0110  dollar,  to  be  charged  on  and  collected  with  the  license  ; and 

ing  to  pay  li-  . i t i n i • i • i i ^ 

cen.se  in  time,  m caso  any  sucli  licoiise  shall  not  be  paitl  within  the  tune  above 
specified,  and  after  demand  by  the  collector,  then  and  in  that 
case  it  shall  be  the  duty  of  the  collector  to  report  the  delinquent 
to  the  city  recorder;  and,  in  case  of  conviction,  the  collector’s  fee 
of  one  dollar,  together  with  usual  witness  fees  for  his  attend- 
ance at  the  trial,  shall  be  taxed  against  the  defendant  and  shall 
1)0  collected  as  other  costs,  and,  when  collected,  shall  be  paid  to 
the  collector. 

Sec.  15.  The  fee  allowed  to  the  collector  liy  this  ordinance 
shall  not  be  considered  due  until  ten  days  after  the  license  shall 
have  become  due  or  demand  has  been  made  therefor  by  the 
collectors. 

AllTtCLE  X. 


Duty  of  collect- 
ois  to  enforce 
ordinance. 


Compensation 
of  collectors. 


Collector’s  fees, 
when  due. 


Who  declared  a 
pawnbroker. 


Pairiihrokcrs. 

Section  I.  Any  jierson  who  loans  money  on  deposit  of 
personal  property,  or  who  deals  in  the  purchase  of  personal 


REVENUE. 


577 


property,  on  condition  of  selling  the  same  l)ack  again  at  a 
stipulated  price,  or  who  makes  a public  display  at  his  place  of 
business  of  the  sign  generally  used  by  pawnbrokers  to  denote 
tbeir  business,  to-wit,  ‘‘  three  gilt  or  yellow  balls  or  who  pub- 
licly exhibits  a sign  of  money  to  loan  on  personal  property 
or  deposit,”  is  hereby  declared  to  be  a pawnbroker. 

Sec.  2.  No  person  shall  do  business  as  a pawnbroker  in  the  Pawnbrokers  to 
city  of  St.  Louis  without  having  first  obtained  license  therefor.  license. 
Such  license  shall  conform  to  those  now  in  use,  as  provided  by 
ordinance,  with  a form  of  affidavit  attached  thereto,  which  the 
applicant  shall  subscribe  and  make  oath  that  he  will  faithfully 
carry  out  the  provisions  of  this  ordinance. 

Sec.  3.  Every  person  to  whom  a license  shall  be  granted  to  Pawnbrokers  to 
carry  on  the  business  of  pawnbroker  shall  enter  into  bond  to  the  ' 

city  of  St.  Louis,  with  good  and  sufficient  security,  to  be  approved 
by  the  mayor,  in  the  penal  sum  of  one  thousand  dollars,  condi-  Amount  of  bond, 
tioned  for  the  due  observance  of  all  such  ordinances  as  may  be 
passed  or  in  force  respecting  pawnbrokers  at  any  time  during 
the  continuance  of  such  license. 

Sec.  4.  Every  pawnbroker  shall  keep  a register  of  all  loans,  Pawnbrokers  to 
which  register  shall  have  the  date  and  names  of  all  persons  who  loans, 
have  left  any  description  of  property  on  deposit;  opposite  such 
name  and  date  shall  be  written,  in  a plain  hand,  a full  description 
of  such  property,  the  time  when  the  loan  falls  due,  the  amount 
loaned,  and  the  interest  charged.  In  addition  to  this  he  shall 
give  the  party  negotiating  a plain  written  or  printed  ticket, 
having  upon  it  a copy  of  the  entries  required  by  ordinance  to 
be  kept  in  his  register.  For  this  ticket  he  shall  not  be  entitled 
to  make  any  charge. 

Sec.  5.  The  said  register  shall  at  all  times  be  open  to  the  Register  to  be 

. L*  1 • o f t • 1 'ft*  open  to  inspec- 

inspection  or  tiie  mayor,  chiet  or  police,  city  attorney,  sheriti,  tiou. 
marshal,  or  constable,  within  and  for  the  county  of  St.  Louis,  or 
any  or  either  of  them,  or  of  any  person  who  shall  be  duly 
authorized,  in  writing,  for  that  purpose,  by  any  or  either  of 
thorn,  and  who  shall  exhibit  such  written  authority  to  such 
pawnbroker. 

Sec.  6.  Every  pawnbroker  shall  pay  a license  to  the  city  of  Amount  of  u- 
St.  Louis  of  three  hundred  dollars  per  annum. 

37 


578 


REVENUE. 


Minors  to  obtain 
no  loans. 


No  loans  to  be 
made  during  cer- 
tain hours. 

No  loans  to  be 
made  on  divided 
articles. 

To  file  certain 
statement  with 
register. 


Penalty  for  vio- 
lating this  arti- 
cle. 


Who  declared 
keeper  of  intel- 
ligence-office. 


Keeper  of  intel- 
ligence-office to 
obtain  license. 


Amount  of  li- 
cense. 


Sec.  7.  No  pawnbroker  shall  receive,  by  way  of  pledge  or 
pawn,  any  goods,  articles,  or  things  whatsoever,  from  a minor. 

Sec.  8.  No  pawnbroker  shall  loan  any  money  on  pledges 
between  the  hours  of  eight  o’clock  p.  M.  and  seven  o’clock  a.  m. 

Sec.  9.  No  pawnbroker  shall  make  any  loan  on  the  separate 
or  divided  part  or  parts  of  any  article. 

Sec.  10.  Every  pawnbroker  doing  business  under  the  pro- 
visions of  this  ordinance  shall  file  with  the  city  register  his  place 
of  business,  and  shall  not  be  allowed  to  have  more  than  one  place 
for  transacting  the  business  of  pawnbroker  without  having  first 
obtained  a license  for  every  such  place  of  business  ; nor  shall  it 
be  lawful  for  any  one  to  act  as  agent  for  a pawnbroker  at  any 
other  place  than  the  stated  place  of  business  filed  with  the  city 
register. 

Sec.  11.  Any  pawnbroker  who  shall  neglect,  violate,  or  refuse 
to  comply  with  any  or  either  of  the  provisions  of  this  article, 
shall,  on  conviction  before  the  recorder,  be  fined  in  a sum  not 
less  than  fifty  nor  more  than  five  hundred  dollars  ; and,  in  addition 
thereto,  his  license  may  be  forfeited  to  the  use  of  the  city  if  it 
be  so  adjudged  by  the  mayor. 

ARTICLE  XI. 

InteUi^ence-  Offices. 

Section  1.  Whoever  shall  open  an  office  or  place  in  the  city 
for  the  procurement  of  situations  or  employment  for  the  unem- 
ployed, or  for  the  procurement  of  employees  for  an  employer, 
and  shall  ask,  demand,  or  receive  a compensation  for  the  services 
thus  rendered,  shall  Im  deemed  and  is  hereby  declared  to  be  a 
keeper  of  an  intelligence- office. 

Sec.  2.  It  shall  not  be  lawful  for  any  person  to  exercise 
within  the  city  the  business  of  keeper  of  an  intelligence-office 
without  a license  therefor  first  had  and  ol)tained  from  the 
collector  of  the  ward  in  which  the  same  shall  ])e  located,  said 
license  to  be  signed  and  attested  as  other  licenses  issued  ])y  the 
city  ; and  for  such  license  the  applicant  or  person  receiving  the 
same  shall  pay  the  sum  of  fifty  dollars  per  annum,  for  which 
term  said  license  sliall  issue,  and  said  sum  sliall  l)e  paid  into  the 
city  treasury. 


KEVENUE. 


r)79 


without  license. 


keeping  intelli- 


victioii  thereof;'  before  the  i-eeorder,  forfeit  and  pay  to  the  city  a 
sum  not  loss  than  ten  nor  more  tlian  one  hundred  dollars  for  each 
and  every  day  he  so  violate. 

Sec.  4.  Any  keeper  of  an  intelligence- office  who  shall,  by  a penalty  for  cer- 

^ . T 1 tain  offenses. 

positive  misrepresentation,  demand  and  receive  rrom  any  appli- 
cant any  fee,  or  who  shall  willfully  deceive  such  applicant,  and 
through  such  deception  receive  from  him  or  her  any  fee,  shall  be 
deemed  guilty  of  a misdemeanor,  and,  upon  conviction  before  the 
recorder,  be  subject  to  a fine  of  not  less  than  five  nor  more  than 
fifty  dollars  for  every  such  offense. 

AKTICLE  XII. 

Auctioneers  and  Horse- Auctioneers. 

Section  1.  Whoever  shall  sell  or  off'er  to  sell  anv  goods,  who  declared  an 


wares,  merchandise,  or  • other  personal  property,  or  any  real 
estate,  or  any  interest  therein,  at  any  store,  stand,  or  other  place 
in  the  city  of  St.  Louis,  at  public  outcry,  whether  the  same  shall 
fie  exempt  from  auction  duty  or  not,  for  his  own  gain,  or  shall 
advertise  or  in  any  other  way  hold  liimself  out  as  an  auctioneer 
for  public  patronage,  and  shall  receive  fees  as  a commission  for 
his  services,  is  hereby  declared  to  be  an  auctioneer. 

Sec.  2.  No  iierson  shall  exercise  the  business  or  trade  of  an  Auctioneers  to 

. procure  license. 

auctioneer,  or  sell  any  property  at  public  auction  or  outcry, 
without  a license  therefor  first  had  and  olitained. 

Sec.  3.  Licenses  shall  be  granted  by  the  several  collectors  in  Amount  of  u- 
their  respective  wards  to  any  person  applying  therefor  on  the 
payment  of  the  sum  of  one  hundred  and  fifty  dollars,  which 
license  shall  continue  in  force  for  the  period  of  six  months  ; 
provided  such  a])plicant  shall  execute  a bond,  with  two  or  more  Bond  to  bo  giv- 
responsible  securities,  approved  by  the  collector,  in  the  sum  of 
five  hundred  dollars,  conditioned  for  the  faithful  observance  of 
this  article:  Provided,  lioivever,  that  ao;ents  or  dealers  in  real 
estate  or  stocks,  and  incorporated  companies,  shall  pay  only  of. 

seventy-five  dollars  for  such  license. 

Sec.  4.  Any  person  violatiim  any  of  the  foregoing  sections  Penalty  for  vio- 

1111  1 • n 1 1 111  foregoing 

sliall  be  subject  to  a fine  or  not  less  tnan  one  hundred  nor  more  sections. 


REVENUE. 


580 


than  five  hundred  dollars  for  eveiy  offense,  to  be  sued  for  and 
recovered  as  in  other  cases  of  breaches  of  ordinances. 


Who  may  keep 
horse  market. 


Amount  of  li- 
cense for  horse 
markets. 


Live  stock  not 
to  be  sold  on 
streets. 


Bond  of  horse 
auctioneer. 


Penalty. 


Sec.  5.  Any  person  or  persons  complying  with  the  provisions 
following  in  this  article  are  authorized  to  establish  and  keep  a 
public  horse  market  at  any  place  within  the  city  (not  in  the 
streets  thereof)  for  the  sale  of  horses  and  other  live  stock, 
and  for  buggies  and  carriages  of  all  descriptions,  at  public 
auction. 

Sec.  6.  Upon  the  payment  of  one  hundred  dollars  by  any 
person  or  persons  applying  therefor,  a license  shall  be  issued, 
in  the  manner  that  other  licenses  are  issued,  for  the  purposes 
mentioned  in  section  fifth  of  this  article,  to  such  person  or  per- 
sons, for  the  period  of  one  year. 

Sec.  7.  From  and  after  the  passage  of  this  ordinance  no 
horses  or  other  live  stock  shall  be  sold  upon  the  streets  at 
public  auction. 

Sec.  8.  Every  person  licensed  as  a horse-auctioneer,  as  afore- 
said shall  give  bond,  with  two  good  securities,  in  the  sum  of  tAvo 
thousand  dollars,  conditioned  for  the  protection  of  any  person 
intrusting  horses* or  other  stock  to  said  auctioneer  for  sale,  and 
to  guard  the  public  against  fraud  or  misrepresentation  on  the 
part  of  said  auctioneer. 

Sec.  9.  Any  person  found  violating  any  portion  of  the  fore- 
going section  of  this  article  shall  ])e  subject  to  a fine  of  not 
less  than  ten  nor  more  than  fifty  dollars,  and  it  shall  be  the 
duty  of  the  city  police  and  street  inspectors  to  report  any  such 
persons. 


ARTICLE  XIII. 


Merchants  and  A^on- Resident  Traders. 


Who  declared  a SECTION  1.  Wlioevor  shall  (leal  in  the  selling  of  any  goods, 
Avares,  or  merchandise,  at  any  store,  stand,  or  place  Avithin  the 
city,  is  declared  to  be  a merchant. 

Penalty  for  sell-  gpx’.  2.  Auv  pcrsoii  who  sliall,  Avitliin  the  city,  sell  or  offer 

ing  without  li-  ^ , i t • i i* 

cense.  for  sale  any  goods,  Avares,  or  merchandise,  Avithout  first  com- 

plying with  the  provisions  of  this  ordinance,  shaU  forfeit  and 
pay  to  the  city  of  St.  Ijouis  a sum  not  less  tlian  tAvo  dollars  nor 
more  than  five  hundred  dollars. 


IIKVENITE. 


m 


Sk(\  8.  The  collectors  shall,  after  the  second  and  hefore  the  collectors  to 

procure  stale- 

fourth  IMoiida}"  in  April  in  each  year,  call  upon  every  inerclnint 
vithin  their  respective  wards  for  a statement  of  the  actual  cash 
value  of  all  goods,  wares,  and  merchandise  kept  for  sale,  which 
may  be  in  the  possession  or  custody  or  under  the  control  of 
such  merchant  oti  the  second  Monday  of  April  aforesaid;  which 
statement  shall  he  in  writing,  and  shall  l)e  sworn  to  by  the 
merchant  making  it,  or  by  some  credible  person  duly  authorized 
by  him,  before  some  judge  or  justice  of  the  peace,  or  other 
officer  authorized  to  administer  oaths  ; and  shall  be  delivered  to 
the  collector  of  the  ward,  at  his  office,  on  or  before  the  first 
Monday  of  May  following. 

Sec.  4.  The  collectors  shall  enter,  in  lists  arranged  alphabeti-  statements  to 

, 1 1 f ■ 1 1 • 1 entered  in 

cally,  every  statement  made  to  them  as  aforesaid,  showing  the  books, 
names,  places  of  business,  and  amount  of  goods,  wares,  and 
merchandise  kept  for  sale,  stated  by  each  nierchant : which  lists 
shall  be  made  out  for  the  old  and  new  limits  separately,  and  shall 
be  delivered  to  the  auditor  on  or  before  the  second  Monday  of 
May  in  each  year. 

Sec.  5.  It  shall  be  the  duty  of  the  auditor  to  reiiort  without  Auditor  to  re- 

^ ^ port  to  common 

delay  to  the  common  council*  the  amount  rejiorted  by  each  council. 

collector  within  the  old  and  new  limits  of  each  ward,  separately, 

the  respective  amount  for  each  ward,  and  the  aggregate  amount 

for  the  whole  citv,  and  to  transmit  said  lists  to  the  board  of transmit usts 

to  court  of  ap- 

commoii  council,  sitting  as  a court  of  appeals  ; and  said  lists  ^eais. 
shall  remain  open  to  the  inspection  of  the  public  during  the 
sitting  of  the  court  of  ap})eals,  of  which  five  days’  notice  shall  be 
given  in  the  papers  employed  by  the  city. 


Sec.  G.  There  shall  be  levied  and  collected  on  the  val  Ue  of  Ad  valorem  tas 

1 • 1 on  merchandise. 

goods,  wares,  and  merchandise,  stated  as  aforesaid,  a tax  of 
one-half  of  one  per  centum,  annually,  which  shall  be  paid  to  the 
collectors,  by  each  merchant,  on  or  before  the  first  Monday  of 
August  in  each  year,  together  with  two  dollars,  which  shall  be 
})aid  every  year  by  each  merchant  or  mercantile  firm,  in  addition 
to  the  per  centum  tax  hereinbefore  provided  for. 


*The  words  “each  braiicli  of  the  city  council,”  as  contained  in  the 
original  ordinance,  are  clian^ed  to  “the  coininon  council”  by  ordinance 
No.  5489,  approved  January  27,  ISGo. 


582 


REVENUE. 


Auditor  to  make 
out  merchants’ 
tax-bills. 


Form  of  tax- 
bills. 


Delinquent  mer- 
chants’ tax-bills, 
how  proceeded 
with. 


To  be  reported 
to  recorder. 


Penalty  for  fail- 
ing to  pay  mer- 
chants’ ta.x-bills. 


Tax  for  frac- 
tional year. 


Sec.  7.  It  shall  be  the  duty  of  the  auditor,  immediately  after 
receiving  the  lists  from  the  court  of  appeals,  to  make  out  bills 
for  taxes  levied  and  to  be  collected  as  aforesaid,  and  deliver  them 
to  the  collectors,  take  their  receipts  therefoi*,  and  charge  them 
with  the  aggregate  amount  thereof ; which  bills  shall  be  in  the 
following  form  ; 

The  City  of  St.  Louis.,  to  all  who  shall  see  these  presents.,  greeting : 

Know  ye,  that  A B , liaving,  on  the  day  of , A.  D. 

18—,  paid  C I) collector  for  the ward  of  tlie  city  of  St.  Louis, 

the  sum  of dollars,  being  the  tax  imposed  on  him  as  merchant; 

tlierefore,  the  said  A B is  hereby  authorized  to  sell  any  goods, 

wares,  or  merchandise  of  any  description,  at  any  one  store,  stand,  or 
place  of  business  within  the  city,  for  the  period  of  one  year,  ending  on 
the  second  Monday  of  April,  18—. 

In  testimony  whereof,  I,  E F , auditor  of  the  city  of 

[l.  s.]  St.  Louis,  have  hereunto  set  my  hand  and  seal,  this  

daj^  of  , 18 . 

(Signed)  E F , Auditor. 

Delivered,  this day  of , 18 . 

(Signed)  C D , Collector. 

No.  . 

Dollars.,  . 

Limits. 

Sec.  8.  All  bills  for  taxes  levied  in  virtue  of  this  article,* 
which  may  remain  unpaid  on  the  first  Monday  of  August  in 
each  year,  shall  on  that  day  be  returned  by  the  collector  to  the 
auditor,  who  shall  place  the  amounts  thereof  to  the  credit  of 
the  collectors,  and  shall  deliver  them  to  tlie  comptroller,  take 
his  receipt  therefor,  and  charge  him  with  the  same ; and  the 
comptroller  shall  report  the  names  and  places  of  residence  of 
all  persons  delimpient  as  aforesaid,  together  w'ith  the  amount  of 
tax  due  by  each,  to  the  recorder. 

Sec.  9.  Every  person  who  shall  fail,  neglect,  or  refuse  to  pay 
the  tax  levied  under  this  ordinance,  within  the  time  above 
specified,  shall  forfeit  and  pay,  in  addition  to  the  tax  due, 
a fine  of  one-half  the  amount  of  said  tax,  to  be  recovered  as 
other  fines  are. 

Sec.  10.  Any  person  or  copartnership  of  persons  Avho  may 
establish  themselves  as  merchants  within  the  city  after  the  second 

*The  woi'd  ‘‘ordinance,”  in  tbe  original,  is  changed  to  “aiMicle”  by 
ordinance  No.  5480,  approved  January  27,  1805. 


KEVENUE. 


583 


Monday  in  April  in  any  year,*  shall  pay  for  the  remainder  of* 
said  fiscal  year  such  part  of  the  tax  levied  under  this  articlef 
as  shall  be  in  proportion  to  the  unex})ired  term  of  such  fiscal 
year. 

Sec.  11.  If  aii}^  person  or  copartnership  of  persons  shall 
fail,  neglect,  or  refuse  to  deliver  the  statement  recpiired  by 
this  article  within  the  time  specified,  he  shall  be  deemed  guilty 
of  a violation  of  the  second  section  of  this  article ; and  the 
collector  of  the  ward  shall  assess  the  goods,  wares,  and  mer- 
chandise of  such  merchant  at  double  their  actual  cash  value,  to 
be  ascertained  according  to  the  best  information  he  can  obtain. 

Sec.  12.  The  provisions  of  this  articlej  shall  not  be  construed 
to  extend  to  persons  who  pay  a dram-shop  license ; nor  to  author- 
ize any  person  to  sell  wines  or  spirituous  liquors,  in  any  quantity, 
to  be  drank  at  his  store,  stand,  warehouse,  or  other  place  of 
business. 

Sec.  13.  No  person  or  persons  not  being  a resident  or  resi- 
dents of  this  State  shall  sell,  offer  for  sale,  or  expose  for  sale, 
within  the  limits  of  the  city  of  St.  Louis,  any  goods,  wares, 
or  merchandise  of  any  kind  whatever,  other  than  agricultural 
products  of  this  or  other  States,  and  articles  manufactured  in 
private  families  within  the  limits  of  said  city,  whether  by 
sample,  card,  or  otlier  specimen,  or  by  written,  printed,  or  trade 
list,  or  catalogue,  or  otherwise,  whether  such  persons  be  the 
makers  or  manufacturers  thereof  or  not,  witliout  first  having  a 
license  so  to  do;  and  such  license  shall  be  issued  ]>y  the  register 
to  such  persons  applying  for  the  same  upon  the  payment  to  him 
of  the  sum  of  three  hundred  dollars,  and  of  the  fees  rcupiired 
by  ordinance  on  the  issue  of  licenses  to  resident  traders,  for  the 
use  of  this  city ; vdiich  license  shall  be  for  the  term  of  one  ^mar 
then  next  ensuing,  and  no  longer. 


*Tlie  words  eontaiiied  between  tlie  words  “in  any  year’’  and  “shall 
pay  for  the  remainder,”  ete.,  as  contained  in  tlie  original,  are  repealed 
by  ordinance  No.  5489,  approved  January  27,  18G5. 

fThe  word  “ordinance,”  in  the  ori^'inal,  is  changed  to  “article”  by 
ordinance  No.  5489,  api>roved  January  27,  18(55. 

JTbe  word  “ordinance”  in  this  section,  in  the  original,  is  clianged  to 
“article”  by  ordinance  No.  5489;  and  the  words  “in  a less  quantity 
than  one  quart  or”  are  repealed  by  ordinance  No.  5552,  approved  March 
24,  1805. 


i 


Amount  of  mer- 
chandise, how 
ascertained  on 
refusal  to  make 
statement. 


This  article  not 
to  authorize  the 
sale  of  liquors  to 
he  drank  at  place 
of  sale. 


Non-residents  to 
procure  license 
for  sale  of  goods. 


Amount  of  li- 
cense. 


584 


REVENUE. 


Residents  not  to 
permit  non-res- 
idents to 
der  their 
cense. 


Penalty  for  vio- 
lating foregoing 
sections. 


Sec.  14.  That  from  and  after  the  passage  of  this  ordinance 
seiiun- 110  person  or  persons,  resident  or  residents  of  this  State,  and  of 
the  city  of  St.  Louis,  and  licensed  to  sell  therein,  shall  suffer 
or  permit  any  person  or  persons  not  a permanent  resident  or 
residents  of  this  State,  and  of  the  said  city,  and  not  in  his 
or  their  regular  service  or  employ,  to  sell  any  goods,  wares,  or 
merchandise,  by  sample,  card,  or  other  specimen,  or  b}"  written, 
printed,  or  trade  lists,  under  his  or  their  ffrm  or  copartnership, 
or  at  the  store,  counting-room,  or  warehouse,  in  his  or  their 
occupation,  or  used  at  his  or  their  place  of  business. 

Sec.  15.  That  any  person  or  persons  offending  against  the 
provisions  of  the  foregoing  two  sections,  upon  convictio-n  before 
the  recorder,  shall  be  adjudged  to  pay  a sum  of  not  less  than 
twenty-five  nor  more  than  five  hundred  dollars  for  each  and 
every  offense  ; one- fourth  of  which  sum  shall,  when  collected  by 
the  marshal,  be  paid  to  the  informer,  and  the  informer  shall  be 
a competent  witness. 


ARTICLE  XIV 


Licenses  for  Sundry  Avocations. 


Licenses  to  be  Section  1.  It  shall  not  be  lawful  for  any  person  to  exercise 

tain  avocations.  within  the  city  the  business  of  a peddler,  hawker,  merchandise, 
real-estate,  or  money  broker,*  or  keep  a l)illiard-table,  nine  or 
ten  pin  alley,  shuffle- board,  bagatelle- table,  or  ordinary  ; or  to 
own,  conduct,  or  manage  for  gain,  a theater,  or  other  exhibition, 
show,  or  amusement,  without  a license  therefor. 

Who  declared  to  Sec.  2.  Wlioevor  is  declared  by  the  laws  of  the  State  of 

be  peddler,  -»/r-  • ^ i i 

money  broker.  Missouri  to  be  a peddler  or  money  broker  shall  be  so  considered 
under  this  ordinance. 

Sec.  3.  A merchandise  broker  is  one  who,  for  commission  or 
other  compensation,  is  engaged  in  the  selling,  or  who  negotiates 
sales,  of  goods,  wares,  or  merchandise  belonging  to  others. 

Sec.  4.  A real-estate  broker  is  one  who,  for  commission  or 
other  compensation,  is  engaged  in  the  selling,  or  who  negotiates 
sales,  of  real  estate  lielonging  to  others. 


Merchandise 

broker. 


Real-estate  bro- 
ker 


^'riie  words  “money  or  pawn  broker,  ’ ’ in  the  ori^nnal,  are  ehanyc'd  to 
or  money  broker,  ” by  ordinance  No.  5d8t),  approved  .January  27,  18(55. 


REVENUE.  r>Hr) 

Sec.  5.*  (Repealed.) 

Sec.  G.  a kee})cr  of  a billiard-taGlc  is  one  wlio  possesses  or 
keeps,  or  lias  the  control  or  management  of,  a billiard-table 
whereon  others  are  permitted  to  play,  and  for  the  use  of  which, 
or  privilege  of  playing  thereon,  or  for  the  hire  thereof,  any 
money  or  its  eipiivalent,  or  any  check  or  counter  in  lieu  of  money, 
shall  be  paid  or  received  therefor;  and  all  billiard-tables  within  Bcnard  tables 
the  city  shall  be  held  and  taken  to  be  so  kept,  and  to  come 
within  the  meaning  and  province  of  this  ordinance,  except  such 
as  maybe  kept  within  dwelling-houses  for  the  owners’  recreation, 
and  not  for  the  purpose  of  letting  the  same  to  others  to  play 
thereon  for  money,  or  anything  representing  or  in  lieu  of 
money,  or  for  wagers  or  bets  ; and  there  shall  be  levied  and 
collected  on  every  license  to  keep  a billiard- table,  kept  for  hire 
as  aforesaid,  the  sum  of  ten  dollars  for  each  table ; and  each 
table  shall  be  numbered,  and  the  license  for  each  table  taken  and 
paid  for  one  year  in  advance.  Wlioever  shall  violate,  or  negdect  I’^naity  for  vio- 

^ ....  lifting  this  sec- 

or  refuse  to  conform  to  and  observe,  tlie  provisions  of  this  sec- 
tion,  shall  be  liable  and  subject  to  pay  a fine  of  not  less  tlian 
fifty  dollars  nor  more  than  tliree  hundred  dollars  (for  each  and 
every  table  that  such  person  neglects  or  refuses  to  take  out  a 
license  for),  to  be  sued  for  and  recovered  as  in  other  cases  of 
breaches  of  city  ordinances. 

Sec.  7.  A keeper  of  a nine  or  ten  })in  alley  is  one  who  owns,  Keppor  of  nim- 
possesses,  or  keeps  such  alley  (without  regard  to  the  number  of  ays.^"  ^ 
pins  used),  on  which  persons  are  permitted  to  play;  but  this 
shall  not  include  such  alley's  as  are  constructed  by  associations  of 
individuals  and  ke})t  by  them  exclusively  for  their  own  private 
recreation  ; and  for  license  to  keep  a idne  oi*  ten  pin  alley  there  Amount  of  ii- 
shall  be  levied  and  collected,  semi-annually,  the  sum  oh  ten  dollars 
in  advance,  on  each  alley. 

Sec.  8.  A kee[)er  of  a shuflle-board  or  bagatelle-table  is  one  Kpopor  of  shuf- 
who  owns,  possesses,  or  keeps  such  a board  or  table  at  which  per-  ateue'ub^e/’'^*’' 
sons  are  permitted  to  play. 

Sec.  9.  A keeper  of  an  ordinaiy  is  one  Avho  sells  or  offers  for  Keeper  of  orui 
sale  in  any  house,  cellar,  booth,  shed,  or  stand,  any  article  of 


*Tli(;  fifth  section  of  tliis  article*,  in  tlic  original  ordinance,  is  repealed 
by  ordinance  No.  5489,  api)roved  January  27,  1895. 


586 


REVENUE. 


Amount  of  li- 
cense to  be  col- 
lected. 


For  peddlers. 

Merchandise  or 
real-estate  bro- 
ker. 

Money  broker. 


Shuftle-board  or 
bagatelle. 


Ordinary. - 

Circus,  eques- 
trian exhibi- 
tion, concert, 
etc. 


Licenses,  how 
long  to  continue 
in  force. 


Licenses  subject 
to  ordinances. 


meat,  fruit,  or  other  food,  to  be  used  or  eaten  or  consumed  in  or 
at  the  place  of  sale. 

Sec.  10.  There  shall  be  levied  and  collected  on  every  license 
granted  for  any  business  or  object  hereinafter  specified,  as 
follows  : 

First — Upon  a peddler’s  license,  fifteen  dollars. 

Second — Upon  a merchandise  or  real- estate  broker’s  license, 
fifty  dollars.  * 

Third — Upon  a monev  broker’s  license,  one  hundred  and 
twenty-five  dollars. 

, Fourth — Upon  a license  to  keep  a shuffle-board  or  bagatelle- 
table,  fifteen  dollars. 

Fifth — Upon  a license  to  keep  an  ordinary,  fifteen  dollars. 

Sixth — Upon  a license  for  an  exhibition  of  a circus  or  eques- 
trian exhibition,  musical  party  or  concert,  exhibition  of  rope  or 
wire  dancing,  puppets,  wax  figures,  painting,  statuary,  tricks  of 
legerdemain,  pugilism.,  menagerie,  or  any  other  exhibition,  show, 
or  amusement,  within  the  meaning  of  this  ordinance,  twenty-five 
dollars  : Provided^  that  for  musical  concerts  or  parties,  and  the 
exhibition  of  painting  or  statuary,  given  or  made  by  the  citizens 
of  this  city,  and  thespian  performances  for  benevolent  or  charita- 
ble purposes,  no  license  shall  be  required;  and  j)roidded  also^ 
that  for  any  exhibition  coming  within  the  purview  of  this  section, 
which  shall  be  continued  for  a season  of  more  than  one  month, 
and  not  exceeding  six  months,  the  sum  of  seventy-five  dollars 
shall  be  charged;  and  all  theatrical  exhibitions,  not  hereinbefore 
excepted,  shall  be  licensed  at  the  rate  of  one  hundred  dollars  per 
annum  ; but  no  license  shall  be  granted  for  any  theatrical  exhibi- 
tion for  a shorter  period  than  one  month. 

Sec.  11.  Licenses  granted  under  this  article  shall  continue  in 
force  as  follows : 

First  — For  a theatrical  or  other  exhibition,  show,  or  amuse- 
ment, hereinbefore  specified,  one  month. 

Second.  — For  a peddler,  three  months. 

Third  — For  all  other  objects  or  purposes,  six  months. 

Sec.  12.  All  licenses  issued  in  pursuance  ot‘  the  foregoing 

* Tlie  words  “upon  a pawnbroker’s  license,  one  hniidn'd  dollars,” 
are  struck  out  by  ordinance  No.  5181),  api)roved  January  27,  18()5. 


KEVKNUE. 


r>8T 


provisions  shall  be  subject  to  the  ordinances  of  the  city,  existing 
Avben  tbej  are  issued,  or  subsecpiently  passed. 

Skc.  18.  All  licenses  shall  be  issued  in  blank  bv  the  register,  i^icpnses,  iiow 
under  the  seal  of  the  city,  and  signed  by  the  mayor,  and  shall  be, 
as  near  as  may  be,  in  the  following  form ; 

City  of  St.  Louis, . 

/, , Mayor  of  the  City  of  St.  Louis,  to  all  who  shall  see  these  Form  of  lieeus- 

presents,  greeting: 

Know  ye  that,  whereas, , on  tlie clay  of , in 

the  year  of  our  Lord , paid  to tlie  sum  of  dollars, 

being  the  tax  imposed  on  as  , and  otherwise  complied  with 

the  requisitions  of  the  city  ordinances,  in  this  behalf;  therefore,  the 

said is  hereby  aiitiiorized  and  empowered  to for  the 

term  of months  from . 

In  testimony  whereof,  I have  hereunto  set  my  hand,  and  caused  tlie 
[l.  s.]  seal  of  the  city  to  be  allixed,  at  the  city  hall  in  said  city, 
this day,  of , A.  D.  . 

, Mayor. 

Attest: Register. 

And  when  any  license  shall  be  issued,  the  officer  issuing  the 
same  shall,  underneath  said  license,  add  the  following,  which  he 
shall  sign : 

Granted,  this day  of , A.  D.  . 

Sec.  14.  No  license  granted  by  this  city,  except  water,  cart.  Licenses  not 

1 T 1 11  1 • 11  e 1 1 transferable,  ex- 

wagon, or  dray  licenses,  shall  be  assignable  or  transterable ; cept  certain. 

nor  shall  any  such  license  authorize  any  person  to  do  business 

or  act  under  it  but  the  person  named  therein,  nor  at  more  than 

one  place ; and  no  assignment  or  transfer  of  any  license  shall  Transfer  ot  cer- 

be  valid,  or  give  any  right  or  permission  to  the  assignee  or  hiw 

transferee  to  act  thereunder,  unless  such  assignment  or  transfer 

shall  be  approved  and  countersigned  by  the  city  register,  or,  if 

a water  license,  by  the  register  of  water-rates;  .and  it  shall  be 

the  duty  of  those  officers  to  keo])  a registry  of  all  assignments 

or  transfers  of  licenses  approved  and  countersigned  by  them, 

respectively. 

Sec.  15.  Whoever  shall  violate,  or  neglect  or  refuse  to  con-  Peuauy. 
form  to  or  observe,  the  preceding  provisions  of  this  ordinance, 
and  any  or  either  of  them,  shall  be  liable  and  subject  to  pay  a 
fine  of  not  less  than  ten  dollars  nor  exceeding  three  hundred 
dollars,  to  be  sued  for  and  recovered  as  in  other  breach  of  city 
ordinances. 


588 


REVENUE. 


Tax  on  foreign 
insurance  com- 
panies 


Penalty  for  re- 
fusing to  pay 
tax. 


Arms,  etc.,  ex- 
empt from  tax. 


Who  declared  a 
hawker. 


Ijicense  of  hawk- 
ers. 


Hawkers  to  car- 
ry license  with 
them. 


Regulations  con- 
cerning hawk- 
ers. 


Hawkers  with- 
out license  to  be 
arrested. 


Sec.  16.  The  collectors  of  the  several  v/’ards  shall  collect  of 
all  foreign  insurance  companies  doing  business  in  the  city  hy 
agency  the  tax  authorized  hy  an  act  of  the  general  assembly  of 
this  State,  approved  February  27,  1857,  entitled  “An  act 
amendatoiy  of  an  act  entitled  ^ an  act  to  license  and  regulate 
agencies  of  foreign  insurance  companies,  approved  December 
8,  1855,’”  one  hundred  dollars  annually,  in  advance;  and  any 
agent  failing  or  refusing  to  pay  said  tax,  when  called  upon  by 
the  collector  for  the  same,  shall  forfeit  and  pay  to  the  city  as  a 
fine  therefor  the  sum  of  two  hundred  dollars,  to  be  recovered  as 
other  fines  are  by  the  city. 

Sec.  17.  Arms  and  accoutrements  kept  for  military  duty, 
necessary  wearing  apparel,  cooking  utensils,  beds,  bedding,  and 
the  necessaiT  provisions  for*  a family,  shall  not  be  subject  to 
taxation. 

Sec.  18.  A hawker  is  one  who  sells  or  offers  for  sale  in  any 
wagon,  vehicle,  or  other  conveyance,  drawn  by  hand  or  otherwise, 
in  streets,  alleys,  or  other  thoroughfares  or  public  places,  by 
outcry,  or  by  going  from  place  to  place  in  the  city,  any  fruit, 
vegetable,  ice-cream,  or  other  article  of  food:  Provided^  that 
tins  section  may  not  apply  to  any  person  who  may  have  raised 
said  articles  from  his  own  soil. 

Sec.  19.  There  shall  be  levied  and  collected  of  every  person 
following  the  business  of  a hawker  the  sum  of  ten  dollars,  the 
payment  of  which  will  entitle  such  hawker  to  a license  for  the 
period  of  six  months  ; and  such  hawker  shall  carry  such  license 
with  him,  and  exhibit  the  same  whenever  ]-e(|uired  by  any  street 
inspector,  day-guard,  or  other  officer  authorized  under  the  ordi- 
nances to  make  arrests. 

Sec.  20.  No  hawker  shall  lie  permitted  to  carry  the  articles 
offered  by  him  for  sale  in  any  Avagon,  vehicle,  or  other  convey- 
ance, drawn  by  hand  or  otherwise,  unless  the  said  Avagon,  vehicle, 
or  conveyance  be  of  one  uniform  dark  color ; nor  shall  he  be 
permitted  to  affix  to  or  have  on  or  about  said  Avagon,  vehicle,  or 
conveyance,  any  flags,  riblions,  poles,  or  other  thing  calculated  in 
any  manner  to  scare  or  frighten  horses,  mules,  or  oxen,  in  the 
sti’eets  or  other  places  Avithin  the  city. 

Sec.  21.  It  is  hereby  made  the  duty  of  the  city  marshal,  street 
inspectoi's,  and  members  of  the  day  and  night  gunrds,  to  arrest 


SCALES  AND  WEIGHERS. 


589 


any  person  'whom  they  sliall  find  exercising  tlie  ])usiness  of  a 
hawker  'without  a license,  or  in  violation  of  the  next  preceding 
section. 

Sec.  22.  Any  person  found  guilty,  on  trial  before  the  Penalty, 
recorder,  of  violating  any  of  the  provisions  of  the*  nineteenth, 
twentieth,  and  twenty-first  sections  of  this  article,  shall  be  fined 
in  a sum  not  less  than  ten  nor  more  than  one  hundred  dollars. 

This  ordinance,  having  been  returned  by  the  mayor  with  his 
objections  thereto,  and,  after  reconsideration,  having  passed  the 
common  council  by  a vote  of  two- thirds  of  all  the  members 
elected  to  the  council,  as  provided  and  required  by  the  city 
charter,  has  become  a law  this  sixth  day  of  September,  A.  D. 
one  thousand  eight  hundred  and  sixty-four. 


( No.  5438.  ) 

SCALES  AND  WEIGHERS, 

AN  ORDINANCE  IN  RELATION  TO  SCALES.  WEIGHERS.  AND  THE  WEIGH- 


ING AND  MEASURING  OF  HAY, 

Auditor^  wei others  of  hay  and 
stone-coal  to  settle  with. 

when II,  ^ 11 

Blank  certificates,  register  to  fur- 
nish to  wc'ighers 1,  5;  IV,  10 

weigliers  of  hay  and  stone- 

coal  to  receipt  for 11,  12 

Bond  of  city  weighers Ill,  2 

Breach  of  bond  of  weighers,  what 

deemed  to  he II,  2 

how  proceeded  upon II,  2 

ollice  of  weiglier  to  cease  on 

second  couvicliou  foi- II,  4 

Bushel  of  stone-coal,  liow  com- 
puted  II,  13 

Center-market  scales,  located...!,  4 

Certificate  of  measurement  of  fire- 
wood. what  to  contain... IV , 2 

not  to  he  given,  when IV , 4 


SIONE-COAL,  AND  FIREWOOD. 

Certificate  of  measurement  of  fire- 
wood, to  he  delivt'red  to 

purchaser IV,  | 0 

chaiigiug  or  altering,  jieual- 

ty IV,  0 

Certificate  of  weight  ofJtay  or  stone- 

coal,  what,  to  contain II,  5 

not  to  ])(»,  delivered,  when...  1 1,  t) 

not  to  he  valid,  when II,  10 

otfering  coal  or  hay  under, 
issued  hy  ceilain  ])arties  II,  10 
issuing  from  forfeited  scales  II,  II 

falsifying  or  changing II,  15 

issuing  at  u n a u t li  o r i / e d 

scales II.  19 

Certificates,  oWy  weigliers  to 

give,  what Ill,  2 

Charcoal,  to  he  sold  by  bushel  II , 22 

measui'(!s  of,  to  be  inspected  1 1 , 22 


* The  words  “nineteenth,  twentieth,  and  twenty-first  sections  of”  are 
added,  and  the  word  “ordinance!”  changed  to  “article,”  by  ordinance 
No.  .5489,  approved  . I annary  27,  1805. 


SCALES  AND  WEIGHERS. 


Charcoal,  selling  in  measures, 
not  inspected , penalty. . . II , ^ 23 
Citizens,  authorized  to  ascertain 
weight  ofhay  or  stone-coal  11,  8 

may  arrest  tlriver  of  hay  or 

coal  team,  when .".II,  8 

City -market  scales,  located I,  3 

City  weighers,  provisions  con- 
cerning  III. 

how  license  for,  may  be  ob- 
tained  Ill,  1 

duties  and  powers  of. Ill,  2 

exercising  office  of,  without 

license.. Ill,  3 

Coal-yards , regulations  concern- 
ing  II,  24 

Cord  of  firewood,  how  much  to 

contain IV,  8 

Deputies,  city  weighers  not  to 

employ." Ill,  3 

Di  leers  of  hay  or  coal  teams, 

weighers  not  to  treat II,  17 

Falsifying  certificate  of  loeight  II,  15 

Fees  of  city  vieighers,  city  weigli- 

ers  to"  report Ill,  2 

regulated Ill,  G 

Fees  of  inspectors  of  weights  and 
measures , for  testing 

scales II,  8 

for  inspecting  charcoal  bas- 
kets  II,  22 

how  paid II,  8 

Fees  of  weighers  of  hay  and  stone- 

coal II,  9 

for  measuring  lire-wood...IV,  7 
Fireioood,  provisions  concern- 
ing measurement  of IV. 

what  vehicles  to  be  brouglit 

in IV.  1 

to  be  measured  before  sell- 
ing  IV,  3 

how  to  be  measured IV,  2 

not  to  be  diminished  after  re- 
ceiving certilicate •••IV,  5 

cord  of,  what  to  measure..!  V,  8 
committing  fraud  in  selling. 

pemdty IV,  9 

delivering  less  than  certified, 

penalty IV,  12 

llay,  sel ling  without  b e i n g 

weighed,  penalty II,  5,  14 

bringingin  wagon  notstamped 

with  weight II,  0 

vehicles  bringing,  when  to  be 

weighed II,  7 

Informer,  to  receive  one -half 

certain  fines II.  3,  5 — II, 

14—19,  23;  IV,  12. 
Inspector  of  weights  and  yneasures, 

f(;e.s  of  for  testing  scales  II,  8 
to  Inspect  charcoal  meas- 
ures  11,  22 

fee.  ol‘,  for  inspecting  imais- 
ures II,  22 


Interfering  with  weigher  in  dis- 
charge ot  his  duties II,  \ 20 

License  of  city  weighers,  how  ob- 
tained  Ill,  1 

amount  to  be  paid  for Ill,  1 

not  granted  to  certain  jier- 

sons Ill,  4 

to  be  forfeited,  when Ill,  4 

Marshal  (city),  to  sell  hay,  coal, 

and  vehicle,  when II,  8 

Mayor,  to  appoint  weighers  ot 

hay  and  stone-coal II,  1 

North-levee  scales , located I,  1 

Office,  city  weighers  to  keep  III,  2 

Orders  for  weighing,  city  weigh- 
ers to  keep  book  for Ill,  8 

city  weighers  failing  to  till, 

penalty Ill,  8 

Owners  of  public  scales,  to  file 

certain  statement II,  11 

Penalties  for  certain  offenses II, 

2.  3,  5 — 11,  14  — 19,  20,  23; 

III,  3,  8;  IV,  9,  12. 

Police,  to  ascertain  weight  of 

hay  and  stone-coal II,  8 

to  arrest  drivers  ofhay  or  coal 

team,  when II,  8 

Public  scales,  provisions  con- 
cerning   II. 

owners  of,  or  stockholders  in, 

to  tile  statement II,  11 

Recorder,  to  try  breach  of  bond 

of  weighers 11,  2 

apjieal  from,  when  to  be  taken 

in  certain  cases II,  8 

Register  (city),  to  furnish  printed 
blanks  to  weighers  I,  5;  IV,  10 
to  issue  licenses  to  citv  weigh- 
ers  ." Ill,  1 

citv  weighers  to  report  to, 

when.." Ill,  2 

Register  of  weighing  done,  city 

weighers  to  keep Ill",  2 

of  weighing,  to  be  open  to 

public Ill,  7 

Salaries  of  weighers  at  city 

scales I,  5 

»S'co/e.5,  public  {see 'public  scales'). 
Scales,  of  weighers  of  hay  and 
stone-coal,  to  be  tested, 

when II,  21 

city  weighers  to  provide... Ill,  2 
city  weighers  to  have  tested, 

when Ill,  5 

Selling  jiart  of  load , certified  1 1 , 15 

umier  false  certilicate 1 1 , IG 

under  certificate  of  unauthor- 

iz(Hl  scale 11,  18 

South-levee  scales,  located I,  2 

Stockholders  in  scales  not  to  buy 

or  s(4l  (‘ertaiii  artichL*^ II,  3 

to  lile  c(n-tahi  stati'iiuMit IT,  11 

Stone-coal,  siGIing  without  Ix'ing 
weighed,  ])enalty 11,  5,  14 


SCALES  AND  WEIGHERS. 


m 


stone-coal^  bnii<*-in^*  in  voliiclos 

not  stain])(Hl  with  weight  11 , ^ G 
vehicles  hrin^lno',  to 

wei^iied,  when II,  7 

how  ninch  to  be  computed  a 

bushel II,  13 

Tickets,  reo-ister  to  f u r n i s h 

W('is’hers  with I,  5;  IV,  10 

Treat  mg  drivers  of  liay  or  coal 

teams ..II,  17 

Weighers  at  city  scales,  register 

to  furnish  blanks  to I,  5 

salaries  of. I,  5 

Weighers  of  hay  and  stone-coal , 

provisions  concerning II . 

how  appointed II.  1 

breacli  of  bond  of,  w h a t 
deemed 1 1,-  2 


Weighers  of  hay  and  stone-coal, 
otiice  of  to  cease  on  second 

breacli  of  bond  of. II,  \ 4 

fees  of,  for  weighing  and 

marking II,  9 

duties  of IV,  8;  II,  12 

interfering  with,  penalty... II,  20 

to  have  scales  tested,  when  II , 21 

fees  of  for  measuring  tire- 

wo(xl IV,  7 

Weighing  by  city  weighers,  fees 

for : : Ill,  6 

by  weighers  of  bay  and  stone- 

coal *. II,  9 

Wood,  weighers  of  hay  and  stone- 

coal  to  ineasure II,  12;  IV,  2 

Wood-yards , provisions  concern- 
ing  : IV,  11 


Be  it  ordained  hy  the  Common  Council  of  the  City  of  St. 
Lo  uis . 


A 11  T I C I.  E I . 

Public  Scales. 

Section  1.  The  [public]  scales  on  tlie  levee  between  Carr  and 
Biddle  streets,  by  authority  ot^  ordinance  entitled  ‘‘An  ordinance 
to  erect  public  scales  on  the  levee  between  Carr  and  Biddle 
streets,”  approved  July  31,  1858,  together  witli  the  office  build- 
ing connected  tliereivitli,  are  berelty  established  and  continued 
as  public  scales,  under  the  name  of  “North  Levee  Scales.” 

Sec.  2.  The  scales  erected  on  tlie  southern  ])art  of  the  levee, 
near  the  present  landing  of  the  Wiggins’  ferry  company,  erected 
by  authority  of  ordinance  entitled  “An  ordinance  providing  for 
the  erection  of  hay  and  coal  scales  on  the  south  levee,  near  the 
ferry  landing,”  approved  INIarch  20,  1858,  together  with  the 
office  l)uilding  for  the  weigher,  are  herel)y  esta])lished  and  con- 
tinued as  public  scales,  under  the  name  of  “South  J^evee  Scales.” 

Sec.  8.  The  scales  at  the  point  north  of  the  City  market, 
l)etween  Broadway  and  Fifth  street,  are  hereby  established  and 
continued  under  the  name  of  “City-market  Scales,”  subject  to 
the  provisions  of  eharter  and  ordinances  in  relation  to  public 
weighing  scales. 

Sec.  4.  The  scales  erected  at  the  southeast  corner  of  Eighth 
and  Spruce  streets,  by  authority  of  an  ordinance  entitled  “An 
ordinance  for  establishing  public  scales  at  or  near  the  corner 
of  Eighth  and  Spruce  streets,”  approved  December  11,  18G3, 


North-levee 

scales. 


South-levee 

scales. 


City-market 

scales. 


Center-uiarket 

scales. 


SCALES  AND  WEIGIIEllS. 


59*2 


together  with  the  office  hiiildiiig  connected  therewith,  are  hereby 
established  and  continued  as  public  scales. 

Register  to  fur-  Sec.  5.  The  citv  register  shall  furnish  the  weighers  at  all  the 

nish  tickets  to  tit  ...  , . , . , . , , 

weighers.;  scales  belonging  to  the  city,  niontlily,  with  printed  tickets  ; and 
charge  the  same  as  cash  to  each  weigher,  to  be  accounted  for  at 
his  monthly  settlements.  The  salary  of  all  weighers  in  the  city 
service  shall  be  four  hundred  dollars  per  annum,  payable  monthly, 
except  [that  of]  the  weigher  of  the  City-market  Scales,  which 
shall  be  six  hundred  and  sixty  dollars.* 

Private  scales  to  0^  ;^o  public  scales  belonging  to  private  persons  or 

as  city.  compaiiies  shall  charge  a greater  fee  for  weighing  than  that 

allowed  in  the  third  article  of  this  ordinance, t nor  shall  they 
charge  a less  fee  than  city  scales  charge,  nor  deliver  tickets 
without  payment  therefor  at  the  time  of  delivery,  upon  penalty 
of  the  loss  ot*  privilege  conferred  by  ordinance,  and  the  abolish- 
ing of  the  defaulting  scales. 


ARTICLE  II. 


JVeig/ie7's  of  Hay  and  Stone-Coal. 


Weighers  to 
.appointed. 


Breaches  of 
weighers’  bond 


Section  1.  There  shall  be  appointed,  on  or  before  the  first 
Monday  in  June,  in  each  year,  by  the  mayor,  with  the  advice 
and  consent  ot  the  board  of  common  council,  a weigher  of  hay 
and  stone-coal  for  each  public  scale  now  authorized  or  which 
may  hereafter  be  erected  or  authorized  by  the  city. 

Sec.  2.  The  following,  among  others,  shall  be  deemed  a 
breach  or  breaches  of  the  official  l>ond  ot  a city  weigher  : 

Ji'irst — It  the  scales  and  weights  under  the  control  of  any  such 
weigher  shall  be  at  any  time  so  much  out  ot  order  as  to  weigh 
one  hundred  pounds  more  or  less  than  the  standard  weight,  and 
he  shall  continue  to  weigh  therewith,  and  issue  and  charge  for 
certificates  of  such  weighing,  without  giving  notice  to  the  city 
inspector  of  weights  and  measures  of  the  inaccuracy  ot  liis  scales 
and  weights,  and  ceasing  all  weighing  thereon  until  the  same  be 
tested  and  adjusted  by  the  said  inspector,  at  whose  office  notice 


* Ordinance  No.  5484,  approved  January  24,  1805,  fixes  (lie  salary  of 
weighers  at  the  north  and  south  levee  scales  at  $900  each. 

fThc  word  ‘‘section,”  in  the  original  ordinance,  is  changed  to  “article,” 
and  the  word  “article,”  in  the  oi-iginal,  is  changed  to  “ordinance,”  by 
ordinance  No.  5404,  approved  December  1804. 


SCALES  ANT)  WEIGHERS. 


rm 


in  writing  ot‘  the  error  in  sucli  scales  and  weights  shall  he  left 
within  fortj-eiglit  hours  after  the  error  in  the  same  is  found  to 
exist. 

Second — If  any  such  weigher  shall,  through  intent,  issue  any 
certificate  of  Aveighing  Avhich  shall  contain  of  gross  or  tare  or  net 
Aveight  one  hundred  pounds  more  or  less  than  the  true  gross  or 
tare  or  net  Aveight  of  the  article  AA  cighed ; or  if  any  A\migher  shall 
deduct  as  tare  the  number  of  pounds  marked  on  any  Avagon  or 
other  vehicle,  Avithout  himself  or  other  such  laAvful  AAmigher 
having  first  Aveighed  such  Avagon  or  other  veliicle  and  marked  or 
stamped  on  it  the  true  Aveight  thereof  and  the  number  of  the 
Avagon,  together  Avith  his  name  and  the  initials  of  the  scales  of 
AAdiich  he  is  Aveigher  and  the  date  of  the  weighing  thereof ; or  if 
any  such  Aveigher  shall  mark  or  stamp,  as  last  aforesaid,  any 
AA'agon  or  other  vehicle  for  a Aveight  Avliich  is  ten  pounds  more 
than  the  true  standard  Aveight  thereof,  at  the  time  of  such 
marking  or  stamping,  with  intent  to  defraud;  or  if  any  such 
Aveigher  shall  fail  to  demand  of  and  charge  every  person  pre- 
senting hay,  stone-coal,  or  anything  to  be  Aveiglicd,  the  sum 
prescribed  by  ordinance  to  be  paid  therefor,  no  more,  no  less, 
before  delivering  the  certificate  of  tlie  Aveight  thereof ; or  if  any 
such  Aveigher  shall  fail  to  keep  a book  or  books,  and  enter  therein 
daily,  item  by  item,  in  legible  hamlAvriting,  every  load  of  hay  or 
stone-coal,  and  every  other  load  or  thing  Aveighed,  designating  its 
kind,  the  gross,  tare,  and  net  Aveight  thereof,  the  OAvner  and  driver 
thereof,  and  the  true  amount  of  fees  charged  and  received  there- 
for; or  if  he  shall  fail  or  refuse  at  anytime  to  permit  all  the 
books  and  papers  belonging  to  his  office  to  he  examined  by  the 
mayor,  comptroller,  or  any  member  of  the  common  council,  and 
to  furnish  them  copies  or  extracts  of  any  part  thereof  ; or  if  any 
Aveigher  of  hay  or  stone-coal,  or  any  of  his  deputies,  shall, 
directly  or  indirectly,  in  person  or  by  another,  be  engaged  in  the 
buying  or  selling  of  hay  or  stone-coal,  or  other  article  to  be 
weighed,  except  so  much  as  may  be  necessary  for  his  private 
family  use — in  every  such  case,  among  others,  a breach  of  such 
bond  shall  be  deemed  in  laAV  to  be  made  ; upon  complaint  Avhereof , 
in  AATiting,  specifying  the  breach  made,  before  the  recorder  of 
the  city,  it  shall  be  the  duty  of  the  recorder  to  hear  and  entertain 
the  same,  as  other  misdemeanors,  according  to  ordinance,  and,  in 
38 


594 


SCALES  AND  WEIGHERS. 


Stockholders  not 
to  buy  or  sell  hay 
or  stone-coal. 


Penalty  for 
breach  of  bond. 


Bringing  hay  or 
coal  into  city 
without  being 
weighed. 


Penalty. 


Wagon  not 
stamped,  pen- 
alty. 


case  of  conviction,  adjudge  a penalty  of  not  less  than  fifty  dollars 
nor  more  than  one  hundred  dollars  for  every  such  breach  against 
such  weigher,  to  he  collected  as  provided  in  section  three  of  this 
ordinance  [article]. 

Sec.  3.  No  person  pecuniarily  interested  as  stockholder  in 
scales  whereat  public  weighing  is  done,  as  aforesaid,  in  the  city 
and  county  of  St.  Louis,  shall,  directly  or  indirectly,  in  person 
or  by  another,  be  engaged  in  the  buving  or  selling  of  hay,  stone- 
coal,  or  other  article  subject  to  be  weighed,  except  so  far  as  may 
be  necessary  for  his  own  private  family  use,  under  a penalty  of 
one  hundred  dollars  for  every  violation  of  this  section,  to  be 
recovered  before  the  recorder  ; and,  upon  conviction,  the  one-half 
of  the  fine  to  be  paid  to  the  complainant  and  the  other  into  the 
city  treasury. 

Sec.  4.  Any  weigher  who  shall  be  convicted  twice  before  the 
recorder  of  a breach  of  his  bond,  shall,  by  virtue  of  his  con- 
viction, cease  to  be  a weigher  from  and  after  the  day  on  v/iiich 
said  second  conviction  is  had. 

Sec.  5.  Any  person  who  brings  or  sends  into  the  city  of  St. 
Louis,  for  sale,  any  hay  or  stone-coal,  in  any  wagon  or  other 
vehicle,  and  actually  sells,  or  offers  the  same  for  sale,  without 
first  having  had  the  same,  and  tlie  wagon  or  other  vehicle 
containing  the  same,  duly  and  legally  weiglied  at  some  scale 
within  the  city  limits,*  and  procuring  a certificate  of  the  weight 
thereof  on  the  day  or  the  day  previous  to  wliicli  the  same  is  sold 
or  offered  for  sale,  which  certificate  shall  contain  the  gross,  tare, 
and  net  weight  of  the  article  contained  in  said  load,  as  also  the 
true  fee  paid  the  weigher  therefor,  and  tlie  weigher’s  name 
printed  or  written  thereon,  shall  bo  deemed  guilty  of  a misde- 
meanor ; upon  conviction  whereof,  before  the  recorder,  he  shall 
1)0  fined  not  less  than  fifty  dollars  nor  more  than  one  liundred 
dollars,  payable  as  aforesaid,  in  section  three,  to  the  complainant 
and  the  city  treasury. 

Sec.  0.  Any  person  who  l)rings  or  sends  into  the  (dty  of  Sc. 
Ti.mis  any  hay  or  stone-coal,  in  any  wagon  or  otlier  vehicle 
which  has  not  marked  or  stamped  thei-(H)n,  in  plain  and  legible' 

'Flic  words  “at  some  scale  within  the  city  limits”  are  added  hy 
ordinance  No.  5404,  ai)i)roved  December  5,  I8(;4. 


SCALES  AND  WEOJIIERS. 


r>95 


cliuractcrs,  the  weight  tliei’eof,  l)y  a Aveigliev  legally  authorized 
tliereto  in  the  maiiiier  mentioned  in  the  second  subdivision  of  the 
third  section  hereof,  or  whose  wagon  or  other  vehicle  weighs  ten 
pounds  more  than  the  weight  marked  or  stamped  thereon  as 
aforesaid,  shall  be  deemed  guilty  of  a misdemeanor,  and,  upon 
conviction,  fined  as  in  the  last  section  mentioned,  payable  as 
therein  stated. 

Sec,  7.  It  shall  be  the  duty  of  all  owners  of  wagons  or  other 
vehicles  that  may  be  employed  in  bringing  hay  or  stone-coal  to 
this  city  to  have  their  wagons  or  other  vehicles  weighed  at  least 
every  three  months,  and  no  public  weigher  shall  issue  his  certifi- 
cate for  any  wagon  or  other  vehicle  upon  which  the  date  of  its 
being  weighed  is  longer  preceding  than  three  months.  It  shall 
also  be  the  duty  of  any  owner  of  any  wagon  or  other  vehicle  to 
liave  the  same  re-weighed  immediately  after  said 'wagon  or  other 
vehicle  having  been  repaired  ; and  no  owner  or  driver  of  any 
wagon  or  other  vehicle  shall  alter  or  change  any  part  of  said 
wagon  oi‘  other  vehicle  after  the  same  shall  have  l)een  weighed, 
unless  the  said  wagon  or  other  vehicle  shall  be  immediately 
re-weighed  ))efore  being  used.  Any  person  violating  this  sec- 
tion, upon  conviction  before  the  recorder  shall  be  fined  as  pro- 
vided in  section  three  of  this  oi’dinance  [article]. 

Sec.  8.  It  shall  be  tlie  duty  of  any  police  odicer  of  the  city 
of  St.  Louis,  as  well  as  the  i*ight  of  any  other  citizen,  to  demand 
of  the  driver  of  any  such  wagon  or  other  vehicle  to  produce  his 
certificate  of  weighing,  and,  if  he  deems  it  necessary,  to  order 
him  to  drive  his  wagon  'or  other  vehicle,  with  its  contents,  to  any 
one  of  the  city  scales  and  have  the  same  weighed  thereon  ; but 
no  weigher  shall  receive  any  compensation  for  weighing  such 
wagon  or  other  vehicle;  and,  if  the  gross  or  net  weight  be  found 
less  by  fifty  pounds,  or  tai-e  greater  by  ten  pounds,*  than  what 
the  weigher’s  certificate  in  the  hands  of  the  driver  calls  for,  to 
arrest  such  driver,  and  also  his  Avagon  or  other  vehicle,  and  the 
load  therein,  and  enter  a Avritten  com-plaint  against  him  fortliAvith 
before  the  recorder;  u])on  conviction  Avhereof  the  said  driver 
shall  be  fined  the  sum  of  one  hundred  dollars  and  costs,  Avhich,  if 

*The  words  “greater  l)y  one  hundred,”  in  tlie  original  ordinance,  are 
elianged  to  “less  by  fifty,”  and  the  Avord  “less”  is  changed  to 
“greater,”  by  ordinance  No.  5404,  approved  December  3,  1804. 


Wagons  to  be 
weighed,  how 
often. 


Penalty. 


Duty  nf  police 
ofUcers  to  arrest 
certain  otfend- 
ers . 


Penally  lor  false 
(“ertillcat(*s. 


596 


SCALES  AND  WEIGHERS. 


not  paid  forthwith,  the  said  wagon  or  other  vehicle,  with  tlie 
contents,  shall  be  sold  by  the  city  niarshal  in  three  days  after 
infornipr  to  re-  judgment  is  rendered  by  the  recorder  ; and  the  fine,  Avhen  col- 

ceive  compensa- i i i 

tion.  lected,  shall  be  paid  one-half  to  the  complainant  and  the  other  to 

totest  the  city  I Provided^  that  the  inspector  of  weights  and  measures 
shall  forthwith,  upon  such  arrest,  inspect  and  test  the  scales 
whereat  the  certificate  was  granted,  and  also  those  whereat  the 
second  weighing  was  had,  and  that  both  are  by  him  found  accu- 
rate ; for  which  duty  the  inspector  shall,  upon  conviction  of  the 
Fe^es for  inspect- driver,  be  entitled  to  a fee  of  five  dollars,  to  be  paid  by  the 
complainant  and  the  city  equally,  upon  the  receipt  by  them  of 
Penalty  for  re-  tlio  amount  of  sucli  fine  : and  provided  also,  in  case  of  refusal 

fusing  to  sub- 
mit to  test.  by  such  driver  to  produce  his  certificate,  or  obey  the  police  officer 

or  other  citizen  to  drive  his  wagon  or  other  vehicle,  with  its 
contents,  to  one  of  the  city  scales  for  the  purpose  of  being 
re-weighed  as  aforesaid,  such  driver  shall  be  deemed  guilty  of  a 
misdemeanor,  and  his  wagon  or  other  vehicle,  and  contents,  shall 
be  arrested,  and  he  be  complained  of  and  convicted  as  if  his 
wagon  or  other  vehicle  were  found  to  vary  in  weight  from  his 
certificate  as  aforesaid:  and  provided  a/so,  that  if  the  sale  of 
the  wagon  or  other  vehicle,  and  its  contents,  shall  not  produce  the 
amount  of  fine  and  cost,  such  driver,  if  the  owner,  shall  be  liable 
as  other  defendants  found  guilty  of  misdemeanors,  and  convicted 
and  fined  in  the  recorder’s  [police]  court ; if  not  the  owner, 
then  the  owner  to  be  liable  as  above  ; the  right  of  appeal,  how- 
ever, existing  in  all  cases  as  now  by  ordinance  provided,  except 
that  the  appeal  must  be  taken  within  three  days  from  the 
day  of  the  judgment. 

Weigher’s  fees.  Sec.  9.  Eacli  weiglier  shall  be  entitled  to  demand  and  receive 
from  the  person  having  weighing  done  a fee  at  the  following 
rate,  viz:  For  weighing  and  marking  each  empty  wagon  or  other 
vehicle,  as  provided  in  section  two  of  this  ordinance  [article], 
and  registering  the  same  and  the  number  thereof  on  the  registry 
in  the  weigher’s  office,  twenty-five  cents  ; for  each  and  every 
load  weighed,  a uniform  rate  of  twenty  cents  ; for  each  animal 
weighed  separately,  five  cents.  Any  weigher  in  the  city  or 
county  of  St.  Louis  who  shall  charge  more  or  less  than  the  fees 
allowed  by  this  section  for  weighing  any  article  shall  be  fined 
not  less  than  fifty  dollars  nor  more  than  one  hundred  dollars,  to 


SCALES  AND  WEIGHERS. 


597 


be  collected  and  paid  as  provided  in  section  three  of  this  ordi- 
nance [article].  No  Aveigher  shall  deliver  liis  certificate  of 
weighing  until  the  fee,  according  to  the  tariff,  is  first  paid. 

Skc.  10.  No  certificate  of  weighing  issued  from  the  office  of 
any  hay  or  coal  scales  in  the  city  or  county  of  Sf.  Louis,  in 
which  any  coal  proprietor,  miner,  lessee,  hauler,  retailer,  or  other 
})erson  whatsoever  interested,  directly  or  indirectly,  by  himself 
or  others,  in  the  sale  of  coal,  shall  have  stock  or  ownership,  shall 
he  good  and  valid  in  the  city  of  St.  Louis ; but  the  person 
offering  coal  for  sale  with  such  certificate  shall  be  fined  not  less 
than  fifty  dollars  nor  more  than  one  hundred  dollars,  as  provided 
in  section  three  of  this  ordinance  [article] . 

Sec.  11.  Every  person  whosoever,  interested  as  stockholder 
or  owner,  in  whole  or  in  part,  in  any  public  scales  in  the  city  or 
county  of  St.  Louis,  shall,  within  twenty  days  after  the  approval 
of  this  ordinance,  file  with  the  register  of  the  city  a written 
statement,  verified  by  his  affidavit,  of  his  cpiantity  or  amount  of 
stock  or  ownership  in  such  scales  ; whether  he  deals  in  the  buying 
and  selling  of  hay  or  stone-coal,  or  is  interested  in  any  way, 
directly  or  indirectly,  in  such  buying  or  selling,  except  for  his 
own  private  family  use;  and,  in  case  of  failure  or  refusal  to 
comply  with  the  provisions  of  this  section,  such  scales  shall  be 
deemed  to  liave  forfeited  the  authority  granted  them,  and  the 
powers  under  whicli  they  act  be  absolutely  revoked,  and  all 
weighing  done  thereat  thereafter  illegal ; and  every  person  issuing 
certificates  of  weighing,  or  offering  hay  or  stone-coal  for  sale,  with 
certificate  from  the  forfeited  scales  or  the  weigher  thereof,  shall 
be  lined  as  in  the  preceding  section  provided. 

Sec.  12.  It  shall  be  the  duty  of  every  weigher  appointed  under 
this  ordinance; 

First — To  attend  at  the  office  of  the  public  scales  for  which 
he  is  a])p()inted  from  sunrise  to  sunset  of  every  day  ( Sunday 
excepted  ),  and  to  weigh  every  load  of  hay,  stoTie-coal,  or  other 
thing  which  may  be  presented  to  be  weighed,  and  to  give  the 
person  presenting  the  same  a certificate  of  gross,  tare,  and  net 
weight  thereof. 

Second — To  enter  in  suitable  books,  in  tabular  form,  every 
load  of  hay,  stone-coal,  or  other  thing  weighed,  designating  the 
kind  and  Aveight  thereof,  and  for  A\diom  weighed. 


Cerrain  certifi- 
cates invalid. 


Stockholders  in 
scales  to  make 
statement. 


Penalty. 


Duties  of  weigh- 
ers . 


598 


SCALES  AND  WEIGHERS. 


BusLel  of  stone- 
coal  tixed. 


Coal  or  hay  not 
weiKlied  at  legal 
scales,  not  to  be 
■sold. 


Penalty. 


Selling  part  of 
load  certified. 


Penalty. 


Selling  under 
false  certificate. 


Penally. 


Liquors  at  scales 
prohibited. 


Third — To  receive  and  receipt  to  tlie  register  for  all  blank 
certificates  wliicli  he  may  use  or  obtain. 

Fourth — To  settle  with  the  auditor,  on  the  last  Saturday  of 
each  month,  for  all  blank  certificates  and  all  moneys  received  by 
him,  and  pay  into  the  city  treasury  all  such  money  received  by 
him  as  w'eigher. 

Fifth — To  perform  such  duties  in  the  measurement  of  wood 
and  otherwdse  as  may  be  recpiired  of  him  by  ordinance. 

Sec.  13.  In  w^eighing  stone-coal  the  ^veigher  shall  compute 
eighty  pounds  avoirdupois  to  be  a bushel,  after  making  a suitable 
deduction  for  slate  and  other  foreign  substances  therein  contained. 

* Sec.  14.  No  person  shall  buy  or  sell,  or  ofler  to  sell,  any  hay 
or  stone-coal  in  this  city  until  the  same  shall  have  been  w^eighed 
by  one  of  the  regularly-appointed  weighers  of  the  city,  or  by  a 
W’eigher  of'  one  of  the  scales  within  this  county,  legally  author- 
ized, and  a certificate  of  the  W’eight  thereof  given,  as  herein 
required,  under  a penalty  of  fifty  dollars  for  each  load  bought, 
sold,  or  offered  for  sale,  to  be  collected  and  paid  as  provided  in 
section  three. 

Sec.  15.  Any  person  wdio  shall  have  had  any  ailicle  w’eighed 
as  aforesaid,  and  received  a certificate  of'  the  weight  thereof,  wdio 
shall  sell  a part  thereof,  and  afterwards  sell  or  offer  to  sell  the 
remainder  as  for  the  quantity  called  for  in  his  certificate,  or  shall 
change,  alter,  or  in  any  manner  falsify  the  certificate  of  the 
W’eigher,  or  shall  suffer  any  of  these  things  to  be  done,  shall, 
upon  conviction,  forfeit  and  pay  not  less  than  fitly  dollars,  to  be 
collected  and  })aid  as  provided  in  section  three. 

Sec.  16.  It  any  retailer  or  other  person  sell  or  offer  to  sell 
a load  ot  hay  or  stone-coal  in  the  city,  under  jiretense  ot  a 
weigher’s  certificate,  obtained  under  and  liy  virtue  of  the  weight 
of  another  and  a different  load  from  the  one  he  sells  or  offers  for 
sale,  he  shall  pay  a fine  of  not  less  than  one  hundred  dollars,  as 
provided  in  section  three. 

Sec.  17.  Any  w'cigher  avIio  keeps  spirituous  or  other  litpiors  of 
any  kind  in  his  office  for  the  purpose  ot  treating  the  drivers  ot 
hay  or  coal  teams,  during  the  hours  ot  weighing,  or  who  treats 
them,  or  any  ot  them,  directly  or  indirectly,  tor  the  puipose  ot 
procuring  w’cighing  to  be  done  at  his  scales,  shall  b(‘  lined  fitty  dol- 
lars tor  every  such  ofiense,  jiayafilc  as  provided  in  section  three. 


Penalty. 


SCALES  AND  WETCllEllS. 


rm 


Sec.  18.  Any  person  oflering  for  sale  in  the  city  of  St.  Louis 
any  load  of  hay  or  stone-coal  which  has  been  weighed  at  scales 
not  authorized  to  do  public  weighing  by  the  ordinances  of  the 
city  of  St.  Louis,  or  by  the  laws  of  the  State  of  Missouri,  or  at 
.scales  which  have  been  declared  illegal  by  the  laws  of  the  State 
of  Missouri,  and  who  shall  sell  or  offer  to  sell  such  load  of  hay 
or  stone-coal  under  and  by  virtue  of  a certificate  of  Aveight  issued 
by  a Aveigher  of  such  unauthorized  or  illegal  scales,  shall  be 
deemed  guilty  of  a misdemeanor,  and  shall  be  fined  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars  for  the  first  offense, 
and  for  every  subserpient  offense  the  sum  of  one  hundred  dol- 
lars, to  bo  recovered  before  the  recorder,  as  })rovided  in  section 
three. 

Sej.  19.  Any  person  acting  as  Aveigher  and  issuing  certificates 
of  Aveighing  at  scales  not  authorized  by  the  ordinances  of  the 
city  of  St.  JjOiiis  or  by  the  laAV  of  the  State  of  Missouri  [or  at 
scales  v»^hich  have  been  declared  illegal  by  the  laAV  of  the  State 
of  Missouri],  shall  be  deemed  guilty  of  a misdemeanor,  and  shall 
1)0  fined  the  sum  of  one  hundred  dollars  for  every  such  offense  of 
Aveighing  and  issuing  a certificate  therefor,  to  be  recovered  as 
provided  in  section  three. 

Sec.  29.  Any  person  avIio  interferes  Avith  public  scales  or  the 
Aveigher  thereof  Avhilst  in  the  discharge  of  his  duty,  by  demand- 
ing or  exacting  more  Avcight  of  and  for  the  article  Aveighed  than 
Avliat  ho  dechires  it  to  be,  or  l)y  threatening  oi‘  menacing  him,  or 
by  using  harsh  or  abusive  language  to  him  Avhilst  in  the  discharge 
of  his  duty,  or  avIio  shall  cause  any  noise  or  disturbance  in  or 
about  the  office  of  such  scales,  or  who  shall  inteid'ere  Avitli  any 
person  or  persons  Avho  are  about  to  have  Aveighing  done  or  Avho 
have  already  done  Aveighing  at  any  public  scales,  by  menacing  or 
othcrAvise  abusing  them  therefor,  or  by  using  unseendy,  [)rofane, 
obscene,  or  offensive  langunge  towards  them,  shall  be  deemed 
guilty  of  a misdemeanor,  and  be  fined  one  hundred  dollars  for 
each  and  every  such  offense,  to  be  ix'covered  as  })rovided  in 
section  three. 

Sec.  21.  Each  Aveigher  shall  cause  the  accuracy  of  the  scales 
under  his  charge  to  be  tested  by  the  inspector  of  Aveights  and 
measures  at  least  tAvice  in  each  year,  and  at  all  times  Avhenever 
he  may  have  reason  to  believe  them  inaccurate;  and  all  repairs  of 


Selling  hay  or 
coal  not  weighed 
at  legal  scales. 


Penalty. 


Acting  as  weigh- 
er when  not  au- 
thorized. 


Penalty. 


Interfering  with 
weighers. 


Penalty. 


Scales  to  be 
tested. 


600 


SCALES  AND  WEIGHERS. 


same  sliall  be  made  by  said  inspector  ; but  no  repairs  involving 
an  expenditure  sliall  be  made  without  the  approbation  of  tlie 
mayor. 

Charcoal,  how  Sec.  22.  All  cliarcoal  broimiit  into  this  city  and  offered  for 
sale  sliall  be  measured  by  tlie  busliel,  and  all  baskets  or  other 

Measures  to  be  vessels  ill  wliicli  Said  cliarcoal  is  measured  shall  be  inspected  by 
the  inspector  of  weights  and  measures,  and  by  him  stamped  or 

Fees  for  inspect-  marked  to  be  coiTect;  and  said  inspector  shall  be  entitled  to  a fee  of 
fifteen  cents  for  each  basket  or  other  vessel  so  inspected  by  him. 

Penalty  for  sell-  Sec.  23.  Aliy  persoii  wlio  sells  or  offers  for  sale  any  charcoal 

ing  charcoal  in  , . . . i i i i i 

nnstaniped  ill  tliis  City,  wliosc  basket  01’  otiioi’  vcssol  With  wliicli  lie  measures 
the  same  shall  not  have  been  first  tested  as  provided  in  the 
preceding  section,  shall  be  fined  not  less  than  five  dollars  nor 
more  than  ten  dollars  for  every  such  offense  committed,  to  be 
collected  and  paid  as  provided  in  section  three  of  this  article. 

Regulations  for  Sec.  24.  Every  person  keeping  a coal-yard,  or  vending  coal 

coal-yards.  , , 1°  ..  . 

ill  the  city  of  St.  Louis  in  small  quantities,  shall  keep  suitable 
' scales  for  weighing  the  same,  and  shall  weigh  all  the  coal  sold 
by  him,  and  deliver  to  the  purchaser  thereof  a ticket  setting 
forth  the  weight  and  number  of  bushels  so  sold:  Provided^ 
however^  tliat  no  charge  shall  be  made  for  weighing  a less 
([uantity  than  twenty  bushels  ; and  any  person  delivering  a less 
quantity  than  so  set  forth  in  said  ticket  shall  lie  deemed  guilty 

Penalty.  of  a iiiisdemeanoi*,  and,  upon  conviction  thereof,  shall  be  pun- 
ished by  a fine  of  not  less  than  ten  nor  more  than  one  hundred 
dollars,  to  be  recovered  as  prescribed  by  the  ordinances  of  the  city. 

A E T I C I.  E III. 

City  We  c rs . 

Licenses  for  Section  1.  The  register  is  hereby  authorized  and  directed  to 

issued.  ’ issue  a license  to  exercise  the  office  of  city  weigher  for  the  term 
of  one  year  to  any  person  who  shall  ajiply  for  the  same : Pro- 
vided^ such  person  shall  pay  into  the  city  treasury  the  sum  of 
fifty  dollars  for  such  license. 

Duties  of  weigh-  Sec.  2.  Each  weiglier  shall  keep  an  office  in  that  })art  of  the 
city  lying  east  of  Second  street,  and  shall  siqiply  lilmself  with 
suitable  scales,  tested  and  apjiroved  by  the  inspector  of  weights 
and  measures,  and  shall,  before  entering  on  the  duties  of  bis 
office,  give  bond  to  the  city  in  the  })enal  sum  of  two  ihousaml 


SCALES  AND  WEIGHERS. 


GOl 


dollars,  witli  one  or  more  securities,  to  be  apjU’oved  bj  the  mayor, 
coiulitioued  for  the  faitliful  performance  of  tlie  duties  of  the 
office  of  weigher,  and  to  indemnify  all  persons  against  any  fraud, 
collusion,  or  error  on  Ids  part;  and  lie  shall,  when  requested, 
weigh  any  article  of  commerce,  and  deliver  to  the  applicant  a 
certificate  which  shall  state  the  marks  and  numfiers  of  the  pack- 
ages weighed,  the  number  of  such  packages  constituting  each 
draught,  and  the  w^eight  of  such  draught,  separately  ; also,  the 
total  weight  of  each  lot  of  merchandise  which  is  distinguished 
by  a separate  mark,  and  shall  report  the  fees  for  weighing  the 
same,  and  shall  keep  a register  in  a suitable  book  of  all  the  arti- 
cles weighed,  an  abstract  of  which  register,  with  the  amount  of 
fees  received,  shall  be  reported  to  the  city  register,  under  oath, 
on  the  last  Saturday  of  each  month. 

Sec.  3.  No  person  sliall  exercise  the  office  of  city  weigher  penalty  for 
unless  he  shall  have  taken  out  a license  as  herein  provided,  under  out^ucenseV^^ 
a penalty  of  not  less  tlian  ten  nor  more  than  one  hundred  dollars 
for  each  and  every  offense ; nor  shall  any  weigher  employ  a 
deputy. 

Sec.  4.  License  as  weigher  shall  not  lie  granted  to  any  person,  certain  i)arties 

, , 1 • (*  1 • receive  no  li- 

01*  to  any  employee  of  any  person,  who,  at  tlie  time  of  applying  cense  tor  weigh- 
for  the  same,  is  directly  or  indirectly  engaged  in  luijdng,  selling, 
or  trading  in  any  article  tliat  he  may  be  called  to  weigli  ; and  any 
person  who  shall,  after  liaving  taken  out  a license,  liecome  so% 
engaged,  either  as  princijial  or  as  enqiloyee,  shall  thereby  forfeit 
the  office  and  privileges  granted  by  this  ordinance,  without  claim 
on  the  city  for  the  license-money  paid. 

Sec.  5.  The  scales  of  the  city  weighers  shall  be  tested  by  weighers’ scales 
the  inspector  of  weights  and  measures  at  least  once  in  every  when, 
six  months,  and  oftener  if  such  scales  shall  be  siq)})osed 
incorrect. 

Sec.  G.  The  city  weighers  shall  be  entitled  to  charge  and  weighers’  fees, 
receive,  as  compensation  for  their  services,  viz  : For  sacks  of 
corn,  wheat,  oats,  rye,  seed,  potatoes,  and  onions,  one  and  a 
quarter  cents  per  hundred  pounds  ; for  bags  of  dried  fruit,  and 
bran,  two  cents  ])er  liundred  pounds  ; for  coffee,  two  and  a half 
cents  per  bag;  for  rags,  three  cents  per  hundred  pounds;  for 
baled  liay  and  hennp,  one  and  a half  cents  ])er  hundred  pounds; 
baled  tow,  one  and  three-ipiarter  cents  per  hundred  pounds ; 


SCALES  AND  WEIGHERS. 


sugar,  one  cent  per  hundred ; each  hogshead  or  package  of 
tobacco,  twenty-five  cents  ; meat,  twelve  and.  a half  cents  per 
cask;  meat  in  bulk,  two  cents  per  hundred  pounds;  lard,  grease, 
tallow,  and  oil,  four  cents  per  tierce  or  package;  barrels,  three 
cents  each;  kegs  of  lard,  one  and  a half  cents  each;  each  bale 
of  cotton,  ten  cents  ; pig  iron,  one  and  a quarter  cents  per  hun- 
dred pounds  ; pig  lead,  one  cent  per  hundred  pounds  ; bales  or 
bags  of  wool,  over  a hundred  pounds,  ten  cents  ; under  a hundred 
pounds,  live  cents  ; coil  rope,  two  cents  each ; for  assorting  grain, 
fifty  cents  per  one  hundred  sacks  ; tierces  of  rice,  ten  cents  each. 
weisheis’re.?is  Seo.  7.  Tlio  register  retpiired  to  ])e  kept  by  the  city  weighefs 
lor  inspection,  shall  at  all  timcs  be  open  to  the  inspection  of  any  person 
interested  in  weighing  done  by  them. 

Order-book  to  be  Sec.  8.  Each  weigher  shall  keep  open  a book  in  some  public 
part  of  his  office,  in  which  all  orders  for  weighing  are  to  be 
entered,  and  he  shall  fulfill  such  orders  for  weighing  in  the  order 
that  they  are  entered,  unless  for  good  cause  shown,  under  a 
Ponaity.  penalty  of  not  less  than  five  or  more  than  one  hundred  dollars 
for  every  violation  of  this  section,  to  be  sued  for  and  recovered, 
as  Other  penalties,  before  the  recorder. 

A II  T I Cl.  E I V. 

Firewood. 

m ^ 

Firewood  how  Section  1.  All  firewood  brought  to  this  city  otherwise  than  by 
bioiiiiiu  tociiy.  pg  in  veliicles  which  shall  be  open 

at  the  sides  in  such  manner  as  to  permit  the  officer  charged  with 
the  measurement  thereof  to  examine  the  same  with  accuracy. 

Wood  to  bo  Seo.  2.  Before  anv  firewood  ])rought  to  this  city  in  vehicles 

moa>urod  before  ’ . 

shall  be  sold,  the  person  Itringing  the  same  sliall  cause  it  to  be 
measured  by  some  of  tlie  weighers  of  hay  and  stone-coal,  and 
receive  from  him  a certificate  of  the  quantity.  The  certificate 
aforesaid  shall  state  the  numlier  of  feet  contained  in  sucli  load, 

and  the  number  of  cords  or  parts  of  a cord  tlie  measured  (piantity 

♦ 

constitutes. 

Mapnor  Id  moas-  Seo.  8.  Ill  making  such  measurement,  it  shall  be  the  duty  of 
the  officer  to  examine  carefully  the  manner  in  which  the  wood  is 
])iled  in  the  vehicle,  and  nnike  a siiitalile  deduction  for  loose  and 
improper  piling  and  for  crookedness  and  unevenness  of  the  wood. 


SCALES  AND  WEKJIIERS. 


Sec.  4.  No  certificnto  sluill  1)0  o’ivoii  by  a woi^lici'  of  hay  and  Naniot.)f.(.>iiv- 

' y CMi,  bftore  issue 

stone-coal  until  the  ])erson  applying  for  ineasui’einent  of  wood '>*•  «i'''oioate. 
shall  give  his  name  to  that  officer. 

Sec.  5.  No  liorson,  after  having  a load  or  (piantity  of  wood  Load  certified 

1 ^ -1  • n e • 1 1 11  1 e not  to  be  cliiiiiu- 

nieasured,  and  received  a certihcate  as  aroresaid,  sliall,  berore  isiiou. 
sale  thereof,  diminish  the  quantity  thereof. 

Sec.  G.  Any  person  bringing  wood  to  this  city  in  a vehicle,  certificate  to  be 
and,  after  having  the  same  measured  as  hereinbefore  provided,  chaser, 
making  sale  thereof,  shall  deliver  the  certificate  received  by  him 
as  aforesaid  to  the  purchaser,  who  shall  retain,  and  in  no  case 
re-deliver  the  same  to  the  vender. 

Sec.  7.  The  weighers  of  hay  and  stone-coal  shall  be  entitled  veVs  tor  moa.s- 

° . . . nrins'. 

to  charge  for  each  certificate  delivered  by  them,  as  aforesaid, 
five*  cents,  which  shall  be  paid,  on  the  deliveiy  thereof,  by  the 
person  having  the  wood  measured. 

Sec.  8.  In  all  measurements  of  wood,  under  this  ordinance,  a Curd  computed, 
cord  shall  be  computed  at  the  rate  of  eight  feet  in  length,  four 
feet  in  breadth,  and  four  feet  in  hight,  well  stored  and  jiacked ; 
and  parts  of  cords  shall  be  computed  in  the  same  proportion. 

Sec.  9.  Whoever  shall  violate  any  of  the  provisions  of  this  Penalty, 
ordinance,  or  be  guilty  of  any  fraud  or  imposition  in  the  sale 
of  wood,  or  shall  change  or  alter  any  certificate  made  in  pur- 
suance hereof,  sliall  forfeit  and  pay  not  less  than  five  nor  more 
tluin  one  hundred  tlollars. 

Sec.  10.  The  city  register  shall  furnish  to  each  weigher  of  RpKi.stcr  to  fur 
hay  and  stone-coal  printed  blank  forms  for  certific.ites,  to  be  wciKiiers. 
used  by  them  as  provided  and  re([uired  lierein  ; and  the  register 
shall  likewise  furnish  each  weigher  of  hay  and  stone-coal  with  a 
sufficient  nundjer  of  printed  copies  of  this  ordinance,  so  that  a 
cojty  thereof  may  be  delivered  to  each  person  bringing  firewood 
to  the  city  for  sale. 

Sec.  11.  Every  person  keeping  a wood-yard,  and  selling  wood  Regulations  tor 
in  small  quantities,  shall  deliver  to  the  purchaser  thereof  a ticket 
setting  forth  the  ({uantity  so  sold,  in  cords  and  fractional  cords  ; 
and  any  person  delivering  a less  (piantity  than  set  forth  in  said 
ticket  shall  be  deemed  guilty  of  a misdemeanor,  and,  upon 
conviction  thereof,  shall  be  punished  by  a.  fine  not  less  than  ten  penalty, 
dollars  nor  more  than  one  hundreil  dollars,  to  be  recovered  as 
prescribed  by  the  ordinances  of  the  city. 


WARDS. 


(i04 


Penalty  for  issu- 
ing false  certifi- 
cate. 


City  divided  in- 
to ten  wards. 


Boundaries  of 
first  ward. 


Sec.  12.  Any  weigher  who  shall  give  a certificate  of  measure- 
ment which  shall  not  truly  state  the  quantity  as  directed  in  the 
second  section  hereof,  or  who  shall  charge  more  or  less  than  the 
fees  allowed  by  the  provisions  of  this  ordinance,  shall  he  fined 
not  less  than  fifty  nor  more  than  one  hundred  dollars,  to  be 
recovered  before  the  recorder,  one-half  of  the  fine  to  be  paid 
to  the  complainant,  and  the  other  half  into  the  city  treasury. 

Approved,  September  7,  18(34. 


(No.  4405.) 

WARDS. 


Boundaries  o f wards  ^ establislied  ^ 1 
Boundary  lines  ^ to  be  center  of 

streets 2 

City,  division  of  into  wards 1 

Dividing  lines,  between  wards, 

to  be  center  of  streets 2 


Repeal  of  conflicting  o r d i - 

nances g 3 

Voters,  right  of  not  interfered 
with  by  change  of  ward 

lines 4 

Wards,  boundary  lines  of. 1 


AN  ORDINANCE  DIVIDING  THE  CITY  OF  ST.  LOUIS  INTO  TEN  WARDS, 
AND  FIXING  THE  BOUNDARIES  THEREOF,  UNDER  SANCTION  OF 
AND  IN  CONFORMITY  TO  A LEGISLATIVE  ENACTMENT  ENTITLED 
“AN  ACT  TO  EXTEND  THE  LIMITS  OF  THE  CITY  OF  ST.  LOUIS,  AND 
FOR  OTHER  PURPOSES,”  APPROVED  DECEMBER  5,  1855;  AND  ALSO 
IN  COMPLIANCE  WITH  “AN  ACT  SUPPLEMENTARY  TO  AND  AMEND- 
ATORY OF  AN  ACT  ENTITLED  ‘AN  ACT  TO  EXTEND  THE  LIMITS  OF 
THE  CITY  OF  ST.  LOUIS,  AND  FOR  OTHER  PURPOSES-,’”  APPROVED 
DECEMBER  8,  1855. 

Be  it  ordained  h\j  the  Common  Coimcil  of  the  City  of  St. 

Louis : 

Section  1.  Tlie  city  of  St.  Louis  is  hereby  divided  into  ten 
■wards,  under  sanction  of  and  in  conformity  to  the  legislative 
enactment  referred  to  in  the  caption  of  this  ordinance ; tlie 
lioundaries  whereof  shall  be,  and  the  same  are  hereby,  estal)- 
lislied  as  follow’S : 

First  Ward — Shall  embrace  all  that  teriltory  lying  between 
the  southern,  w^estern,  ainl  eastern  lines  of  the  extended  new 
limits  of  the  city,  and  a line  as  follows : Beginning  at  the 
eastern  termination  of  Soulard  street;  thence  westwardly,  along 


WAllDS. 


GOo 


said  street,  to  Lafayette  avenue ; tlieuce  along  the  center  of 
Lafayette  avenue  to  Grand  avenue ; tlience,  'by  tlie  same  line 
prolonged  Avestward,  to  the  Avestern  boundary  of  the  extended 
iieAV  limits. 

Second  Ward — Shall  embrace  all  that  territory  lying  north 
of  the  first  Avard  and  Avithin  the  eastern  and  Avestern  boundaries 
of  the  extended  ncAA^  limits  of  the  city,  and  south  of  the  folloAving 
line : Beginning  at  the  eastern  end  of  Coiwent  street ; thence 
AvestAvard,  along* Convent  street,  to  Carondelet  avenue;  thence 
south  to  Hickory  street ; thence  AvestAvard,  along  Hickory  street, 
to  Grattan  street ; thence  soutliAvard,  along  Grattan  street,  to 
Park  avenue  ; thence  AvestAvard,  along  Park  avenue,  to  Grand 
avenue ; thence  AAuth  the  line  of  Park  avenue,  extended,  to  the 
Avestern  boundary  of  the  extended  neAv  limits. 

Third  Ward — Shall  embrace  all  that  territory  north  of  the 
second  Avard  and  within  the  eastern  and  Avestern  boundaries  of 
the  extended  neAv  limits,  and  south  of  the  folloAving  line : 
Beginning  at  the  east  end  of  Plum  street ; thence  AvestAvard,  Avith 
Plum  street,  to  Fourth  street;  thence  soutliward  to  Cerre  street; 
thence  AvestAvardly,  along  Cerre  street,  to  Fourteenth  street;  thence 
soutliAvardly,  along  Fourteenth  street,  to  the  south  side  of  the 
Pacific  railroad;  thence  along  the  south  side  of  the  Pacific  rail- 
road to  the  Avest  line  of  the  extended  iieAv  limits. 

Fourth  Ward — Shall  embrace  all  that  territory  north  of  tlie 
third  ward  and  Avithin  the  eastern  and  Avestern  l)oundary  lines  of 
the  extended  neAV  limits,  and  south  of  the  folloAving  line;  Beitin- 
ning  at  the  east  end  of  Market  street;  thence  AvestAvard,  along 
Market  street,  to  Tenth;  thence  south,  along  Tenth,  to  Clark 
avenue ; thence  AvestAvardly,  along  Clark  avenue,  to  Adolph 
street ; thence  soutliAvardly,  along  Adol})h  street,  to  the  Avestern 
extension  of  ClaiL  avenue;  thence  along  said  Avestern  extension 
of  Clark  avenue  to  the  macadamized  Market-street  road  ; thence 
westward,  along  said  macadamized  road,  to  the  Avest  line  of  the 
extended  new  limits. 

Fifth  Ward — Shall  embrace  all  that  teivitory  north  of  the 
fourth  ward  and  Avithin  the  east  and  Avest  boundary  lines  of  the 
extended  neAv  limits,  and  south  of  the  folloAving  line:  Beginning 
at  the  east  end  of  Olive  street  ; thence  AvestAvardly,  along  Olive 
street,  to  Seventeenth  street ; thence,  by  the  same  line  continued 


Boundaries  of 
second  ward. 


Boundaries  of 
third  ward. 


Boundaries  of 
fourth  ward. 


Boundaries  of 
fifth  ward. 


WARDS. 


()  iG 


H mtifhiriPH  of 
hixlh  ward. 


Boiindarios  of  ^ 
M-veulh  ward. 


lioiindarios  of 
t ij,diih  ward. 


Bous’d  irios  of 
iniitli  w.inl. 


Roiindnri(‘S  of 
tctiih  waad. 


Dividiti-;  linos, 
w Ihmi  lixod. 


westward,  to  Garrison  a-venue  ; tlience  along  the  Central  plank- 
road  to  the  Avest  line  of  the  extended  new  limits. 

Sixth  JVard — Shall  embrace  all  that  territory  north  of  the 
fifth  Avard  and  Avithin  the  east  and  Avest  boundary  lines  of  the 
extended  neAv  limits,  and  south  of  the  folloAAung  line  : Beginning* 
at  the  east  end  of  Green  street  ; thence  AvestAAmrd,  along  Green 
street,  to  Ele\mnth  street;  thence  south,  along  EleAmnth  street,  to 
Christy  avenue  ; thence  AvestAvard,  along  Christy  avenue,  to  Pratte 
avenue,  at  its  intersection  Avith  Lucas  avenue  thence  AvestAvard, 
along  Lucas  avenue,  to  Garrison  avenue  ; thence  by  the  line  of 
Lucas  aAmnue,  extended  AvestAvard,  to  the  Avest  line  of  the 
extended  neAV  limits. 

Seve7ith  Ward — Shall  embrace  all  that  territory  north  of  the 
sixth  Avard  and  Avithin  the  east  and  west  lines  of  the  extended 
neAV  limits,  and  south  of  the  folloAving  line  ; Beginning  at  the 
east  end  of  Cherry  street ; thence  AvestAvard,  along  Cherry  street,  to 
BroadAvay  or  Third  street ; thence  along  BroadAvay  or  Third  street 
to  Franklin  avenue  ; thence  along  Franklin  avenue  to  Garrison 
avenue;  thence  along  the  line  of  Franklin  avenue,  extended 
Avestward,  to  the  Avest  line  of  the  extended  neAV  limits. 

Eighth  Ward — Shall  embrace  all  that  territory  north  of  the 
seventh  Avard  and  Avithin  the  east  ami  Avest  lines  of  the  extended 
iieAV  limits,  and  south  of  the  folloAving  line  : Beginning  at  the 
east  end  of  Biddle  street ; thence  along  Biddle  street  to  Pratte 
avenue  ; thence  along  Gamble  street  to  the  macadamized  St. 
Charles  roa.l  ; thence  along  said  macadamized  road  to  Webster 
street ; thence  on  a line  parallel  Avith  the  extended  line  of  Biddle 
street  to  the  Avest  line  of  the  extended  neAV  limits. 

A'^inth  Ward — Shall  embrace  all  that  territory  north  of  the 
eighth  Avard  Avithin  the  east  and  the  Avest  lines  of  the  extended 
ncAV  limits,  and  south  of  the  folloAving  line  : Beginning  at  the 
east  end  of  lIoAvard  street ; thence  AvestAvard,  along  Howard  street, 
to  Eighteenth  ; thence  south,  along  Eighteenth  street,  to  Cass 
avenue  ; thence  AvestAvard,  along  Cass  avenue,  to  the  Avest  line  of 
the  extended  ncAv  limits. 

Ttnlh  Ward — Shall  embrace  all  that  territory  north  of  the 
ninth  Avard  and  embraced  Avithin  the  east,  Avest,  and  north  lines 
of  the  extended  iieAV  limits. 

Skc.  2.  The  dividing  lines  betAveen  the  Avards  shall  be  the 


WATEll  COMMISSIONEllS. 


(;o7 

center  lines  of  the  streets  and  avenues  respectivelj  named  as 
boundaries  thereof. 

SEo’.  3.  All  ordinances  heretofore  passed  dividing  the  city  into  conflicting  or- 
wards,  so  far  as  the  same  may  conflict  with  the  provisions  hereof,  pea’ied.^* 
or  any  thing  required  by  the  amended  charter  of  the  city,  enti- 
tled “ An  act  to  extend  the  limits  of  the  city  of  St.  Louis,  and 
for  other  purposes,”  approved  December  5,  1855,  are  hereby 
repealed. 

Sec.  4.  The  change  of  the  ward  lines,  as  made  by  this  ordi-  voters  not  do- 

, ,,  . . 1 • 1 1 Privod  of  right 

nance,  shall  not  be  construed  to  deprive  aiiy  voter,  otherwise  duly  to  v>  te  by  change 

- ^ of  ward  lines. 

qualifled,  from  voting  on  the  first  Monday  in  April  next  in  the 
ward  into  which  he  may  be  thrown  by  the  change  of  the  Avard 
lines  as  herein  established. 

Approved,  March  21,  1850. 


( No.  5330.  ) 


WATER  COMMISSIONERS.  . 

\ 

AN  ORDINANCE  TO  ESTABLISH  AND  REGULATE  THE  BOARD  OF  WATER 
COMMISSIONERS. 


Account,  water  coiniiiissioner.s  to 
suliuiit  to  common  council  I, 
wafer  commissioners  to  kt'ep 

of  Witter  works  fund 11, 

Hoard  of  water  commissioners, 

how  composed I , 

Hand.  Witter  commissioners  to 

give 1 , 

ollic(M-s  of  Witter  works  to 

give I , 

Bonds  {water),  when  to  he  itriiit- 

(dl IV, 

wluMi  to  be  signed IV  , 

where!  to  he  hypothecated  IV, 
Chief  engineer  of  waterworks, 
wat(!r  commissioners  to  iip- 

))oint I , 

fiuitlilications  of I, 

Sitlitiy  of. I, 

ordinitnees  in  force  to  apply 

to... Ill, 

(Jommissioners  {see  water  commis- 
sioners) . 

Common  council,  Witter  commis- 
sioners to  submit  plan  to  I, 


4 

3 

1 

5 

1 

f) 

5 


i) 

.5 

5 


2 


4 


Common  council,  AViiter  commis- 
sioners to  submit  contracts 
to  I , ? 4 

Witter  commissioners  to  report 

to  annuiillv I,  4 

Comptroller,  to  k(‘ep  iiccount  of 

wittt'fworks  fund IV,  3 

to  sign  Witter  bonds IV,  3 

Contracts,  witUir  commissioners 

to  enter  into 1 . 4 

who  to  make II,  1 

provisions  concerning II,  1,  2 

Counselor  (city),  C(‘rl ititatte  of, 
necessiirv  for  purclutser  of 

land : VI,  3 

to  itsslst  water  comm’rs... . \^1 , 4 

Delimiuent  property , Wiit(!r  not  to 

he  supplit'd  to V,  5 

Delinquent  water-tax  bills,  how 

collected V,  4 

Dxecutions  against  city,  Avat(‘r 

commissioners  to  piiv....VI,  2 
Expenditures  for  waterworks,  Wit- 
ter contmissioners  to  con- 
trol   I, 


4 


GOS 


WATER  COMMISSIONERS. 


Wafer  commis- 
sioners to  be 
elected. 


Kxpenditures  for  waterroorks,  wa- 
ter coiiiniissioners  to  re])ort 

to  coininoii  council I, 

Land  commisswner ^ certiticate  of 
iiecessaiy  before  purcliase  of 

land Vr, 

to  assist  water  cominission- 

ers VI, 

Lands,  how  acquired  for  water- 
works   VI, 

Map  of  waterworks,  water  coni- 

niissioners  to  keep II, 

Mayor,  to  be  water  commis- 
sioner  I, 

to  sign  water  bonds IV, 

Oath,  to  be  taken  by  water  com- 
missioners   I, 

officers  to  take I, 

Officers,  water  commissioners  to 

appoint I, 

qualitications  of. I, 

to  take  oath  and  give  bond  I, 
Ordinance,  when  to  take  ef- 
fect   VI, 

contlicting,  repealed VI, 

Plan  of  waterworks , water  com- 
missioners to  submit I, 

Preliminary  expenses,  how  pro- 
vided  IV, 

Purveyor,  water  commissioners 

to  appoint I, 

qualifications  of. I, 

salary  of. I, 

ordinances  in  force  to  api)ly 

to Ill, 

Register  of  water-rates , when  to 

surrender  office,  etc Ill, 

Registrar,  water  commissioners 

to  appoint I, 

duties  of. I, 

salary  of. I, 

ordinances  in  force  to  apply 

to Ill, 

Rules,  water  commissioners  to 

make  and  publish I, 

Salary,  of  water  commission- 
ers  I, 

of  chief  engineer I, 

of  purveyor I, 

of  registrar I, 

Secretary,  water  commissioners 
to  elect I, 


4 


Sjiecial  tax  attorney,  to  collect 

certain  bills V,  \ 4 

Superintendent  o f waterworks, 
when  to  surrender  office, 

etc Ill,  1 

Tax-bills  for  water-pipe,  how 

made  out V,  1,  2,  3 

how  collected V,  4 

interest  on V,  4 

when  delinquent V,  4 

Water  commissioners,  board  of 

established I,  1 

salary  of. I,  1 

bond  of. 1 , 1 

qualifications  of. I,  1 

oath  to  be  taken  by I,  1 

when  to  organize.' I,  2 

record  of  subject  to  inspec- 
tion  I,  2 

to  do  business  in  central  part 

of  city I,  3 

general  duties  and  powers 

of I,  4 

to  make  contracts  for  work 

and  materials II,  1 

to  keep  record  of  accounts, 

etc II,  3 

to  keep  map  of  waterworks, 

etc II,  3 

ordinances  in  force  to  applv 

to Ill,  2 

to  examine  accounts  month- 
ly  Ill,  4 

ina}'  provide  water-meters  III , 5 

to  report  to  comptroller...IV,  3 

to  take  certificate  of  title  be- 
fore purcha.sing  lands VI,  3 

Water-meters,  water  commis- 
sioners may  provide Ill,  5 

Water  purveyor  {see  purveyor) . 
Water-pipes,  cost  of,  how  as- 
sessed  V,  1,  2,  3 

Water  registrar  {see  registrar) . 
Waterworks , to  be  under  charge 
of  water  commis.sioners...I,  4 

commissioners  to  submit  plan 

for I,  4 

Water  works-extension  fund,  what 

to  constitute IV,  1 

to  be  deposited  in  bank IV.  (5 

what  to  be  credited  and 
charged  to Ill,  3;  IV,  2 


Be  it  ordained  hjj  the  Common  Council  of  the  City  of  St. 
Louis : 

A K T I C L E I . 
fF ate r Commissione rs. 


Section  1.  Iti  conformity  with  an  act  of  the  general  assenihly 
of  the  State  of  Miysouri,  entitleil  “An  act  to  enable  the  city  of 


WATER  COMMISSIONERS. 


609 


St.  Louis  to  extend  tlie  waterworks  tliereof,  and  for  other  pur- 
poses/’ approved  March  28,  1868,  four  connnissioners  shall  he 
elected  hy  the  coniinon  council,  who,  together  with  the  mayor, 
shall  be  stvled  the  “Board  of  Water  Commissioners.”  The  four  salary  of  com- 

luisbioncrs. 

commissioners  so  elected  shall  each  receive  one  thousand  dollars 
per  annum  as  full  compensation  for  his  services,  and  shall  give 
a bond  to  the  city  of  St.  Louis,  in  the  penal  sum  of  fifty  thousand  Bond  to  be  given, 
dollars,  with  at  least  two  acceptable  securities,  for  the  faithful 
performance  of  his  duties.  They  shall  be  resident  tax-payers  of  Qualifications, 
this  city,  and  citizens  of  the  Lhiited  States,  and  shall  not  engage 
in  any  business  or  avocation  that  will  interfere  with  their  duties 
as  water  commissioners.  In  addition  to  the  oath  administered  to  oatii  to  be 

taken. 

city  officers,  each  commissioner,  before  entering  upon  the  duties 
of  his  office,  shall  take  and  subscribe  an  oath  that  he  is  not  and 
will  not  become,  directly  or  indirectly,  interested  in  any  land  or 
lands  necessary  for  the  construction  of  new  waterworks  ; that  he 
will  not  become,  directly  or  indirectly,  interested  in  the  sale  of 
the  securities  of  this  city  to  be  issued  for  new  Avaterworks  ; and 
that  he  will  neither  be  concerned  nor  interested  pecuniarily  in  any 
work  or  trust  hereby  placed  under  his  charge. 

Se  ’.  2.  The  board  of  Avater  commissioners  shall  organize  Board  to  organ- 

,,  , . . ...  •,  . , . ize  annually. 

annually  by  appointing  one  or  its  members  to  })reside  over  its 
deliberations,  and  another  to  act  as  secretary,  avIio  shall  make  a cresidcnt  and 

secretary  to  be 

faithful  record  of  its  proceedings,  Avhich  shall  be  at  all  proper  “I'pointed. 
times  subject  to  the  inspection  of  the  comptroller  and  the  mem- 
bers of  the  common  council. 

Sec.  8.  The  said  board  shall  lease  and  occupy  a suitable,  ausinoss  to  be 

*•  * transacted  in 

safe  building  in  the  central  part  of  this  city,  Avhere,  so  far  as 

■ _ ^ ^ J ^ ter  Of  city. 

practicable,  all  business  connected  Avith  the  construction  and 
management  of  the  AvaterAvorks  shall  be  transacted. 

Sec.  M.  The  board  of  Avater  commissioners  shall  have  full  »gard  to  have 

charge  of  water' 

charge  and  control  of  the  construction  and  operation  of  the  o7boVrd*^^'*^^* 
AvaterAvorks  of  this  city,  and  it  shall  be  the  duty  of  said  board: 

First, — To  take  cognizance  of  all  matters  pertaiiung  to  Avater 
supply. 

Second — To  prepare  and  submit  to  the  common  council,  for 
its  approval,  at  as  early  a day  as  practicable,  a general  plan, 

Avith  an  estimate  of  costs,  for  ncAv  waterAvorks  Avhich  Avill  afford  a 
daily  supply  of  at  least  tAventv  millions  of  gallons  of  clear  and 
89 


610 


WATER  COMMISSIONERS. 


wholesome  water,  and  which  will  admit  of  extension  to  meet  all 
probable  future  rerpiirements. 

Third — To  appoint  and  employ  all  officers,  agents,  and 
servants  required  to  construct  and  operate  the  waterworks. 

Fourth — To  make  all  needful  rules  and  regulations  to  govern 
its  own  deliberations  and  the  acts  of  its  officers,  agents,  and 
servants,  which  rules  and  regulations  shall  be  in  conformity  with 
law  and  ordinance,  and  which  it  shall  cause  to  be  revised  and 
published  annually. 

Fifth — To  enter  into  all  contracts,  in  behalf  of  the  city,  that 
it  may  become  necessary  to  make,  and  to  report  the  same  to  the 
common  council  for  approval. 

Sixth — To  exercise  a rigid  control  over  the  expenditure  of  the 
funds  placed  in  its  hands,  and  to  see  that  all  approved  plans  and 
contracts  are  strictly  executed. 

Seventh — To  report  to  the  common  council,  at  the  first  stated 
session  in  each  fiscal  year,  a full  and  correct  account  of  all  its 
receipts,  payments,  and  doings  during  the  previous  fiscal  year; 
and,  at  the  second  stated  session,  a like  account  of  the  same 
during  the  first  half  of  the  fiscal  year.  Such  report  shall  be 
accompanied  by  the  statements  and  suggestions  which  the  bonrd 
may  deem  to  be  of  interest  to  the  city  or  necessnry  for  a 
complete  understanding  of  the  affairs  of  the  waterworks. 

Eighth — To  report  to  the  common  council,  at  the  last  meeting 
in  each  fiscal  year,  the  probable  amount  of  expenditures  that  will 
be  required  for  waterworks  purposes  during  the  next  fiscal  year. 

J\*inth — To  report  to  the  common  council,  whenever  called 
upon,  all  information  in  its  possession  relative  to  matters  under 
its  control  ; and  generally  to  do  all  lawful  acts  necessary  to 
render  the  wateinvorks  complete,  efficient,  and  economical,  and  to 
accomplish  the  objects  for  which  the  said  board  was  created. 


Chief  enKineer  Sec.  5.  The  Said  board  shaD,  subject  to  the  approval  of  the 
brappTinted.  comuion  couiicil,  appoint  a civil  engineer  to  take  general  charge 


Qualification  ■■ 
of  engineer. 


Salary. 


Water  purveyor 
to  be  appointed. 


of  the  construction  and  operation  of  the  waterworks.  He  shall  be 
styled  the  ''chief  engineer  of  the  waterworks,”  and  shall  be  well 
skilled  in  the  construction  and  management  of  such  works,  and 
shall  receive  such  a salary  for  his  services  as  may  be  agreed  upon 
by  the  board,  not  exceeding  five  thousand  dollars  iier  aimum. 

Sec.  G.  The  board  shall  appoint  a water  purveyor,  who,  iu 


WATER  COMMISSIONERS. 


i;il 


subordination  to  tlic  l)oar(l  and  lo  tlic  cliicf'  engineer,  sball  have 

general  eliarge  and  nianageinent  oF  the  watei'works  in  operation 

For  the  time  being,  lie  shall  be  well  skilled  in  the  management  Quaiinoatious. 

oF  pumping-maehinery  and  all  the  apparatus  oF  water  supply, 

and  shall  receive  a salary  oF  not  exceeding  eighteen  hundred  salary. 

dollars  per  annum. 

Sec.  T.  The  board  shall  appoint  a water  registrar,  whose  water  r.>-istrar 

1 in  1-1  1 1 1 1 n to  be  appointed; 

salary  shall  not  exceed  eighteen  hundred  dollars  per  annum,  salary, 
and  who,  under  the  supervision  oF  the  board,  shall  apportion  and 
collect  all  water-rates  and  all  taxes  and  charges  assessed  by  the 
said  board  and  common  council  appertaining  to  water  supply. 

Se(’.  8.  The  said  board  shall  prescribe  the  oath  to  be  taken  Board  to  pre- 

^ scribe  oath  and 

and  fix  the  bond  to  be  given  by  its  officers,  agents,  and  servants, 

and  their  commissions  shall  be  signed  by  the  president  and 

secretary  oF  the  board.  They  shall  be  ap])ointed  to  serve  during  omcer.show  ap- 

good  behavior,  or  until  they  shall  be  no  longer  retpiired  by  the 

board;  and,  upon  the  honorable  discharge  oF  any  commissioned 

servant,  the  president  oF  the  board  shall,  Avhen  applied  to  thereFor, 

give  a suitable  certificate  oF  such  discharge. 


AKTK’LE  II. 

Materials  and  Sapyties  for  JVaterworks. 

Section  1.  The  doing  oF  all  work  and  the  Furnishing  oF  all  work  done  ana 

• 1 TCI  ^ inatoiials  fur- 

matei-ials  and  suiiplies  lor  the  Avaterworks  shall  be  let  out  by  to  be  by 
the  board  oF  Avater  commissioners  to  the  loAvest  and  best  bidder, 
exce})t  in  cases  Avhere  it  is  not  practicable  to  have  the  Avork  done 
by  contract ; ;ind  the  consideration  stiitulated  to  be  T)aid  in  all  such  Contracts,  how 
contracts  shall  Ite  money,  iiidess  it  shall  be  otherAvise  directed  Ity 
ordimince.  Notice  oF  all  such  lettings  slmll  be  published  in  the 
ncAvspapers  em])loyed  to  do  other  city  printing,  and  in  ncAvspapers 
at  such  othei’  places  as  the  board  may  deem  i-e({uisite,  at  least  six- 
teen times,  and  not  less  than  twenty  days  beFore  the  day  ap])ointed 
For  the  o})ening  oF  the  bids.  The  notice  shall  state  the  kind  and 
(piantity  oF  Avau’k  to  be  done  and  the  materials  and  supplies  to 
be  Furnished,  the  place  Avhere  the  plans  or  s])ecifications  may  be 
seen,  and  the  time  and  place  Avhen  and  Avhere  the  bids  Avill  be 
received.  Each  bid  must  be  signed  by  the  bidder,  and  must  be 
accompanied  by  a statement,  signed  by  the  persons  offered  by  the 


612 


WATER  COMMISSIONERS. 


Provisions  to 
secure  comple- 
tion ot  con- 
tracts. 


bidder  as  bis  securities,  declaring  tlieir  willingness  to  become 
such  securities  in  the  event  of  the  contract  being  awarded  to  the 
bidder ; and  the  bid  must  also  be  accompanied  by  a bond  to  the 
city  of  St.  Louis,  in  the  penal  sum  of  two  hundred  dollai’s,  signed 
by  the  bidder  and  a responsible  security,  and  conditioned  that,  if 
the  bid  be  accepted,  the  bidder  shall  enter  into  a written  contract 
according  to  the  terms  of  the  bid,  and  at  such  time  as  the  said 
board  shall  require.  The  bid,  statement,  and  bond  must  be 
inclosed  in  a sealed  envelope,  and  the  bidder  must  state  his 
place  of  residence  and  all  other  particulars  that  may  be  pre- 
scribed. The  bids  shall  be  opened  by  the  president  of  the  board, 
in  the  presence  of  the  mayor,  on  the  day  mentioned  in  the  notice, 
at  the  hour  of  twelve  o’clock,  noon. 

Sec.  2.  The  performance  of  all  contracts  let  out  as  aforesaid 
shall  be  secured  by  at  least  two  responsible  securities,  to  be 
approved  of  by  the  board,  in  the  full  amount  of  the  contract,  for 
all  of  the  value  of  fifty  thousand  dollars  and  less  ; and  for  all  of 
a greater  value  the  board  shall  fix  the  amount  of  security  to  be 
given.  If  the  person  whose  bid  is  accepted  shall  fail  to  enter 
into  contract  as  aforesaid,  the  board  may  award  the  contract  to 
the  next  lowest  acceptable  bidder,  or  may  advertise  for  new  pro- 
posals, as  in  the  judgment  of  the  board  shall  appear  best  for 
the  interests  of  the  city.  Any  bidder  failing  to  enter  into  con- 
tract as  hereinbefore  required,  or  to  fulfill  any  contract  entered 
into  by  him  with  the  city,  shall  not  be  allowed  to  bid  again, 
directly  or  indirectly,  for  any  city  work,  unless,  for  good  cause 
shown,  the  common  council  shall  remove  this  disability.  All 
contracts,  after  being  drawn  up,  shall  be  submitted  to  the  city 
counselor,  or,  in  his  absence  or  disability  to  act,  to  the  city 
attorney,  for  the  a])proval  of  the  form.  They  shall  then  be  sub- 
mitted to  the  common  council  for  its  ap})roval,  which  shall  be 
indorsed  thereon  ; after  Avhich  they  shall  be  recorded  in  the  office 
of  the  board,  and  abstracts  shall  be  furnished  to  the  com|)troller. 
The  board  shall  report  to  the  common  council  all  violations  of 
contract,  and  may  sus])end  the  execution  of  any  contract  Avhen- 
ever  the  contractor  shall  fail  to  comply  witli  the  terms  thereof,  or 
with  the  proper  directions  of  the  board  in  relation  thereto.  Every 
contract  made  by  the  board  as  aforesaid  sliall  contain  a clause 
stating  that  the  same  is  entered  into  subject  to  the  ordinances 


WATER  COMMISSK  )NERS. 


618 


of  tlic  city  and  to  tlic  power  of  the  board  to  suspend  or  annul  the 
same  for  a failure  on  the  part  of  the  contractor  to  fulfill  the 
same ; and  such  sus])ension  or  annulment  shall  not  affect  the 
rights  of  the  city  to  all  damages  and  penalties  claimable  by  it  on 
account  of  the  contractor’s  failure. 

Sep.  8.  The  hoard  of  water  commissioners  shall  examine  all  Duties  of  board 
accounts  presented  to  it  for  work  done  and  materials  and  supplies  counts 
furnished  under  contracts,  and  for  land  and  other  property  pur- 
chased, and  for  services  rendered,  and  shall  cause  the  same  to  be 
paid  when  found  to  be  correct.  The  board  shall  keep  an  exact 
and  complete  record  of  all  accounts  so  paid ; and,  at  the  final 
payment  made  under  any  contract,  a detailed  statement  of  all  the 
work  done  and  materials  and  supplies  furnished  shall  be  entered 
upon  the  books  ; and,  when  the  nature  of  the  case  will  admit  of 
its  being  done,  complete  detailed  plans  and  drawings  shall  l)e 
recorded  in  an  atlas  to  be  kept  for  that  purpose.  All  field  and 
memorandum  books  and  <lrawings,  used  and  made  for  and  during 
the  construction  of  any  ])art  of  the  waterworks,  shall  be  carefully 
filed  and  preseiwed  in  the  office  of  the  board.  A connected  map  Map  of  water- 

^ _ works  to  bo 

of  the  whole  waterworks  shall  be  made  and  preserved  in  the  office  kept, 
of  the  board,  upon  which  ma})  shall  l)e  shown  the  size  and 
location  of  the  reservoirs,  engine-houses,  conduit  and  distrilfut- 
ing  pipes,  sto})S,  valves,  fire-})lugs,  and  the  elevation  almve  the 
city  directrix  of  pipes  at  all  street  crossings  and  othei*  proper 
places,  as  also  the  location  and  dimensions  of  all  land  held  for 
watei'works  purposes.  The  same  shall  be  done,  upon  a large 
scale  and  more  in  detail,  in  atlas  form. 


A \l  T I C Jr  III. 


OJJiccrs  of  f Tat (7' works. 

Section  1.  The  su})erintendent  of  Avaterworks  and  I’egister  of  Superintendent 
water-rates  shall  surrender  to  the  board  of  Avater  commissioners  surr»'nder*'inat- 

11  11-  • • 1 1 • 1 • l^'^'ard, 

all  matters  and  things  pertaining  to  the  AvaterAvorks  in  their  when, 
charge  Avhenever  notified  so  to  do  ; and,  uiion  full  inventories  of  unties  on  sur- 

11  1 1 1 1 ^ 1 II  1 • • office. 

all  pro})erty  and  enects  so  surrendered,  they  shall  take  receipts  in 
duplicate  from  the  said  board,  one  of  Avhich  receipts  they  shall 
each  of  them  file  Avith  the  city  register,  and  they  shall  transmit 
the  others  to  the  common  council ; and  the  offices  of  superintend- 


614 


WATER  COMMISSIONERS. 


When  their  of- 
llce  ehall  cease. 


Ordinances  to 
govern  board  of 
water  commis- 
sioners. 


Certain  moneys 
to  he  placed  to 
credit  of  water- 
works fund. 


Certain  o.xpens- 
es  to  be  charged 
to  waterworks 
fund. 


Certain  moneys 
to  be  trans- 
ferred to  sink- 
ing fund 


Duties  of  t)oard 
concerning  ac- 
counts. 


Auditor  to  keep 
pay-rolls. 


Provisions  con- 
cerning use  of 
water  metres 


eiit  o£  waterworks  and  register  ot  water-rates  shall  cease  from 
and  after  the  date  of  such  surrender. 

Sec.  2.  All  ordinances  now  in  force  relating  to  the  water- 
works department  shall  apply  to  and  govern  the  board  of  water 
commissioners,  chief  engineer  of  waterworks,  water  purveyor, 
and  water  registrar,  so  far  as  the  said  ordinances  are  not  incon- 
sistent with  the  provisions  of  this  ordinance,  except  article  one 
of  ordinance  No.  4892,  which  is  hereby  repealed. 

Sec.  3.  All  money  paid  into  the  city  treasury  on  account  of 
water-rates,  water  attachments,  water-pipe  taxes,  and  local  water 
tax,  shall  be  placed  to  the  credit  of  waterworks  fund,  and  the 
city  treasurer  shall  make  a special  deposit  of  the  same ; and  all 
expenditures  authorized  by  ordinance  for  the  laying  of  distribut- 
ing pipes  of  six  inches  in  diameter  and  less,  and  for  laying  all 
larger  distributing  pipes,  to  the  amount  of  the  Avater-pipe  taxes 
assessed  against  property  fronting  thereon,  and  all  the  expenses 
of  operating  and  repairing  the  Avaterworks,  shall  be  paid  out  of 
said  fund,  except  the  salaries  of  the  chief  engineer  of  Avater- 
Avorks  and  board  of  Avater  commissioners.  Whatever  balance 
shall  remain  to  the  credit  of  said  fund  shall  be  transferred  to 
the  trustees  of  the  AvaterAvorks  sinking  fund,  as  provided  by  an 
act  of  the  legislature  entitled  “An  act  to  enable  the  city  of  St. 
Louis  to  extend  the  AvaterAvorks  thereof,  and  for  other  purposes.” 

Sec.  4.  The  board  of  Avater  commissioners  shall,  at  its  first 
meeting  in  every  month,  examine  all  accounts  presented;  and 
those  found  to  be  correct  and  properly  chai'gealile  to  AvaterAvorks 
fund  shall  be  so  certified  to  liy  the  board  and  transmitted  to  the 
city  auditor,  accompanied  by  reipiisitions  for  him  to  issue  his 
Avarrants  on  the  city  treasurer  for  the  amounts  specified,  and  in 
the  names  of  the  parties  to  Avhom  the  accounts  are  due.  Jbiy- 
rolls  maybe  paid  by  the  city  auditor  iu  the  same  manner  as  other 
city  pay-rolls.  The  chief  engineer  of  the  AvaterAvorks,  the  Avater 
registrar,  and  other  officers  of  the  board,  shall  at  the  same  time 
render  a statement  to  the  board  of  all  collections  received  and 
exyienses  incurred  during  the  past  mouth  iu  their  respective 
departments. 

Sec.  5.  The  said  board  may  provide  Avater-meters,  and  may 
attach  the  same  to  the  sei-vice- pijies  of  Avater  takers,  in  order  to 
ascertain  the  (piantity  of  Avater  used  by  any  Avater  taki'r;  and  if 


WATER  CO:\IMISSI()NERS. 


615 


the  (juaiitity  so  ascertained  to  have  been  used  shall  be  greater 
than  the  estimated  basis  of  the  license  of  such  water  taker, 
calculated  ])y  the  established  rates  per  one  hundred  gallons,  he 
shall  be  caused  to  pay  for  the  surplus  water  used,  at  the  estab- 
lished rates  ; and  in  default  he  shall  be  subject  to  all  the  penalties 
of  deliiupiency.  In  case  the  meter  shall  indicate  the  quantity  of 
water  used  to  be  less  than  the  basis  of  the  license,  as  above 
calculated,  then  the  board  shall  cause  the  excess  to  be  refunded 
by  the  same  mode  prescribed  for  other  accounts  chargeable  to 
waterworks  fund. 


ARTICLE  IV. 

Expenses  of  Waterworks. 

Section  1.’  To  defray  the  preliminary  expenses  that  may  be 
incurred  by  the  board  of  water  commissioners  on  account  of  the 
construction  of  waterworks,  the  board  may  draw  upon  the  water- 
works fund  to  the  amount  of  twenty  thousand  dollars,  which 
sum  is  hereby  appropriated  for  that  purpose  from  said  fund; 
and  the  amount  so  drawn  shall  be  restored  to  said  fund  so  soon 
as  there  shall  be  in  the  hands  of  said  l)oard  sufficient  funds 
accruing  from  the  sale  or  hypothecation  of  St.  Louis  water- 
bonds,  hereafter  to  be  issued. 

Sec.  2.  The  fund  accruing  from  the  sale  and  hypothecation 
of  St.  Louis  water  bonds,  and  from  all  other  sources  connected 
Avitli  the  consti’uction  of  Avatervvorks,  shall  constitute  the  water- 
works-extension  fund ; and  all  the  ex})ense  of  constiaicting 
Avaterworks,  together  Avith  the  salaries  of  the  board  of  Avater 
commissioners  and  chief  engineer  of  the  Avaterworks,  and  the 
cost  of  all  supply-pipes,  over  and  above  the  amount  assessed 
against  the  property  adjoining  thereon,  shall  be  charged  to  and 
paid  out  of  said  fund. 

Sec.  ‘L  All  sums  of  money  and  evidences  of  debt  accruing  to 
AvaterAvorks-extension  fund  shall  be  specifically  i-eported  by  the 
board  to  the  city  comptroller, 'avIio  shall  keep  a correct  account 
thereof  ; and  for  all  sums  of  money  paid  out  and  evidences  of 
debt  given  by  said  board,  du})licate  recei})ts  shall  be  taken,  one 
of  Avhich  shall  be  carefully  preserved  in  the  office  of  the  board, 
and  the  other  shall  be  deposited  Avith  the  city  comptroller,  who 


Appropriations 
for  preliminary 
expenses. 


Waterworks  ex- 
tension fniul, 
how  constituted. 


Duties  of  comp- 
troller concern- 
ing waterworks 
fund. 


616 


WATER  COMIVIISSIONERiS. 


sliall  at  all  times  be  made  fully  aAvare  of  the  financial  trans- 
actions of  said  board,  and  shall  keep  a record  of  the  same. 

Bonds  to  be  Sec.  4.  After  the  adoption  and  approval  of  a plan  for  buildin" 

printed  on  adop-  ^ ^ ^ ^ ^ 

tionofpian.  new  Waterworks,  the  board  of  water  commissioners  shall  cause 
to  be  printed  three  thousand  blank  bonds,  of  the  denomination 
of  one  thousand  dollars  each,  with  sixty  semi-annual  coupons 
attached,  in  conformity  with  the  act  of  the  legislature  herein- 
before mentioned  ; and  the  form  of  said  blanks  shall  be  submitted 
to  and  approved  by  the  city  counselor  and  comptroller  before  any 
of  them  shall  be  printed. 

When  bonds  Sec.  5.  Whenever  the  common  council,  by  resolution  or  other- 

shall  be  signed.  . in.  i i i o • • n 

Avise,  shall  instruct  the  board  or  water  commissioners  to  sell  any 
St.  Louis  water-bonds,  the  mayor  shall  sign  and  the  city 
comptroller  and  treasurer  shall  countersign  the  same,  and  the 
comptroller  shall  deliver  them  to  the  board,  and  take  a receipt 

How  lands  shall  tlicrefor.i  All  salcs  and  hypothecations  of  said  bonds  shall  be 

be  hypotheca-  . ^ , 

made  in  the  State  of  Missouri,  and  without  any  expense,  fees,  or 
commissions,  unless  it  shall  be  specially  directed  otherwise  by  the 
common  council. 

Board  to  deposit  Sec.  6.  The  board  of  water  commissioners  shall  make  a 

moneys  with  -i  i i i • ...  c i • • 

banker.  coiitract  With  some  responsible  oaiiKing  institution  or  this  city 

for  the  safe  deposit  of  all  money  accruing  to  the  waterworks- 
extension  fund,  and  for  which  the  said  institution  slnill  give 
satisfactory  personal  security  in  the  contract,  which  shall  be 
submitted  to  the  common  council  for  its  apjiroval.  The  board 
shall  cause  all  money  coming  into  its  hands  to  the  credit  of  said 
fund  to  be  immediately  deposited  with  said  institution,  and  shall 
keep  duplicate  bank-books  of  the  same,  one  of  wliich  shall 
be  placed  in^  the  keeping  of  the  city  comptroller,  who  shall, 
at  all  proper  times,  have  free  access  to  the  financial  records  of 
the  said  board. 

ARTICLE  V. 

Water  - Fij)es. 

Cost  of  layirg  SEt’TiON  1.  Whenever  tlic  commoii  couiicil  shall,  by  ordinance, 

water-i-pipo,  how  _ _ _ ^ 

assessed.  dii’cct  tlic  hiyiiig  of^  a water-pi})e,  and  tlie  cost  or  any  part  of 
tlie  cost  tliereof  to  l)e  assessed  as  a tax  against  tiie  adjoining 
lots,  the  board  of  water  commissioners  shall  cause  tlie  jiijic  to  be 


WATER  COMMISSIONERS. 


017 


laid,  and  the  assessable  cost  tliereot'  at  the  time  such  pipe  was 
laid  to  he  assessed  and  apportioned  as  a tax  on  the  adjoining 
lots,  in  proportion  to  tlieir  frontage  upon  the  pipe,  and  shall 
cause  tax-bills  to  be  made  out  therefor  in  the  names  of  the  owners 
of  the  lots  so  taxed.  The  tax-bills  shall  be  signed  by  the  presi- 
dent ot  said  board,  and  shall  be  accompanied  by  a statement 
from  the  mayor  that  the  cost  of  the  pipe  so  assessed  is  not 
greater  than  the  cost  of  a six-inch  pipe. 

Sec.  2.  Whenever  the  common  council  shall  assess  a tax  upon  Tax  lor  laying 
any  property  for  the  cost  or  part  of  the  cost  of  a water-pipe  now  be  apportioned, 
laid,  the  board  of  water  commissioners  shall  cause  the  tax  to  be 
apportioned  upon  the  property  fronting  upon  the  street,  lane,  or 
alley  where  the  pipe  is  laid,  and  shall  cause  bills  of  such  tax  to 
be  made  out  in  the  names  of  the  OAvners  of  the  lots,  in  proportion 
to  the  frontage  thereof  upon  the  pipe  for  Avh.ich  such  lots  are 
taxed,  and  the  said  bills  shall  be  signed  by  the  president  of  the 
board. 

Sec.  3.  Whenever  the  common  council  shall  assess  a tax  upon  Tax  for  laying; 

^ (.  • HI  ^ water-pi])?, 

the  property  tronting  upon  any  street,  alley,  or  other  Avay,  Avhere  bow  charged. 
Avater-pipe  is  noAV  or  shall  hereafter  be  laid,  the  city  assessor 
shall  cause  the  amount  of  the  tax  to  be  made  out  in  his  books 
and  entered  in  a column  Avhich  shall  be  headed  “local  Avater-tax,” 
and  the  amounts  so  entered  shall  be  opposite  the  names  of  the 
owners  of  tlie  jiroperty  so  taxed.  The  board  of  Avater  commis- 
sioners shall  cause  the  bills  for  the  said  tax  to  be  made  out  from 
the  books  of  the  city  assessor,  Avhicli  bills  sliall  be  in  the  name  of 
the  OAvner  of  the  property  descrilied  therein,  and  shall  be  signed 
by  the  president  of  the  said  board. 

Sec.  4.  The  tax-bills  mentioned  in  sections  one,  tAvo,  and  Register  to  coi- 
three  of  this  article  shall  be  delivered  to  the  Avater  registi-ar,  and  bins, 
he  shall  collect  them  at  his  olhce.  Immediately  upon  the  receipt 
of  any  of  the  said  bills,  the  Avater  registrar  shall  give  ])ublic 
notice  of  the  fact  by  making  a publication  in  the  neAvspapers 
doing  other  city  printing,  Avdiich  publication  shall  be  repetited  at 
least  five  times.  Tdie  amount  of  the  said  bills  shall  bear  interest  interest  on  wa- 

, ....  ter-tax  bills. 

at  the  rate  of  ten  per  cent,  jier  annum  from  the  date  of  issue,  if 
not  paid  within  three  months  thereafter  ; and  if  not  paid  Avithin  when  ueiin- 
four  months,  they  shall  be  declared  delimpient  by  the  Avater  regis- 
trar, and  shall  be  delivered  to  the  special  city  tax  attorney,  Avho 


(luent. 


()18 


Delinquent,  tax 
attorney  to  col- 
lect. 


Delinciuent  pro- 
j)erty  not  to  be 
supplied  with 
water. 


ProceetlinKs  to 
obtain  lainls  for 
waterworks. 


Board  to  pay  ex- 
ecutions against 
city. 

Purchases  of 
land,  how  to  be 
made. 


City  counselor 
and  land  com- 
missioner to  as- 
sist board. 


Wlien  ordinance 
to  take  effect. 


WATER  COMMISSIONERS. 

shall  ])roccetl  to  collect  tlicni  in  the  inaiiner  provided  for  the  col- 
lection of  other  delin(|iient  city  taxes.  The  said  attorney  shall 
account  to  the  water  registrar  foi-  all  collections  made  on  account 
of  said  tax-bills. 

Sec.  5.  No  property,  while  delinquent  as  above  mentioned, 
shall  be  supplied  with  water  from  the  waterworks,  and  the  water 
licenses  taken  out  therefor  shall  be  forfeited. 

ARTICLE  VI. 

Water  Commlsslotie rs. 

Section  1.  Immediately  after  the  adoption  of  the  general 
plan  of  the  new  waterworks,  the  board  of  water  commissioners 
shall  purchase  all  the  lands  and  easements  needed  for  the  con- 
struction of  the  new  works,  and  all  such  purchases  shall  be  made 
with  a proviso  that  they  shall  not  be  binding  upon  the  city  until 
they  shall  be  approved  by  the  common  council ; and  if  the  board 
cannot  agree  upon  the  price  to  be  paid  with  and  to  the  owners, 
the  board  shall  take  possession  of  the  property  after  having  given 
the  owners  due  notice  thereof.  Whenever  said  owners  shall  apply 
to  the  circuit  couiT  for  an  assessment  of  damages,  the  board,  in 
the  name  of  the  city  of  St.  Louis,  shall  cause  a tender  to  be 
made  to  such  ap})licant  of  a sum  of  money  which  the  board 
shall  deem  to  be  a just  eipiivalent  for  his  damages  and  costs. 

Sec.  2.  The  board  shall  cause  to  be  paid  all  executions  law- 
fully issued  against  the  city  on  account  of  the  wateiuvorks. 

Sec.  8.  The  purchases  mentioned  in  section  one  of  this  article 
shall  only  be  made  when  the  city  counselor  and  land  commis- 
sioner, after  a careful  investigation,  shall  have  given  a certificate 
of  the  title  to  the  property. 

. Sec.  4.  The  city  counselor  and  land  commissioner  shall  attend, 
on  the  part  of  the  city,  to  all  suits  in  court  connected  with  the 
waterworks  ; and  the  said  officers  shall  render  to  the  board  of 
water  commissioners  all  legal  advice,  assistance,  and  services  that 
shall  be  rcupiired  by  said  board. 

Sec.  5.  It  is  herel)y  expressly  provided  that  sections  one  and 
two,  the  first,  second,  fourtli,  and  ninth  subdivisions  of  section 
four,  and  section  five,  of  tlie  first  aiTicle  of  this  ordinance,  shall 
take  effect  and  l)e  in  force  from  and  after  its  approval  ; and  tlie 


WATfiUWOliKS  DKI'AHTMENT. 


roinainiiig  articles,  sections,  and  pi-ovisions  of  tins  ordinance 
shall  take  elleet  and  be  in  toree  from  and  after  the  adoption  and 
approval  by  the  eonnnoii  council  of  a plan  for  new  waterworks, 
to  be  reported  and  sid)mitted  by  the  board  of  commissioners 
established  by  this  ordinance. 

Sec.  6.  All  ordinances,  so  far  as  thev  conflict  with  the  onanancos  con 

■ - tlicting  repeal- 

provisions  of  this  ordinance,  are  hereby  repealed. 

Approved,  June  23,  1864. 


( No.  5415.  ) 

WA  T E R WORKS  D E RA  R ^J’  M E N T. 

AN  ORDINANCE  IN  ESTABLISH  AND  REGULATE  THE  WATERWORKS. 


Account  of  waterworks  fund ^ aud- 
itor to  keep I,  ^ 4 

what  to  comprise 1 . 4 

Accounts,  waterworks  commit- 
tee to  examine 1 , 5 

Appropriations  for  waterworks^ 
payal)le  out  of  Avaterworks 

fuiid I,  G 

Appurtenances  of  waterworks,  in- 

juriii"- y,  ,5 

Atlas,  sujierintendent  of  watei-- 

works  to  keep,  liow II,  G 

Attach  ni  ent  to  waterworks , 

amount  to  l)e  ])aid  for, ..III,  /2 

not  to  run  to  wash* Ill,  11 

insixictors  to  visit  and  in- 
spect  IV,  G 

Auditor,  to  keej)  account  of 

wat(!rvvoi‘ks  fund 1 , 4 

to  credit  C(‘i-tain  mon<\vs  to 

waterworks  fund ...Ill,  2 

re<^ister  of  watei--rat(^s  to  file 

receii)ts  with IV,  3 

register  of  water-rates  to  re- 

l)ort  to IV,  3 

re»'lst(M-  of  wat(‘r-rates  to  set- 
tle with,  when IV,  3 

Bills  for  ('x()enses  of  department 
to  be  audited  by  waterworks 

committe(i I,  3 

Board,  of  hea.lth,  may  ord(*r  tiri^- 

])lu<»s  to  ])e  used HI,  12 

Bond,  register  of  water-i-ates  to 

K'vc.. IV,  1 

Bra,nch-pi,pes , regulations  con-  ' 

cernin^r- 7 


Oity  officers,  to  ^ive  certain  in- 
birmation  to  su[)(>rintendeut 

of  water woiks II,  | II 

Clerks  of  register  (f  water-rates, 

how  ajipoiiited IV'',  4 

duti(*s  of. IV,  4 

Coal,  how  fui-nisluMl  toi-  tin;  <le- 

partment II,  10 

Cotntnon  council,  to  (*l(*ct  watt*r- 

works  committe(‘ I,  2 

superinl(‘nd(‘nt  of  waterworks 

to  report  to 1 1 , 2 

toapprovecontractsfor(;oal  II,  10 
to  coiitii  in  re^ist(‘r  of  wat(‘r- 

rates IV,  1 

register  of  water-rates  to  re- 

port  to IV,  3 

Condensed  steam,  to  b(*  paid  for 

as  watei* V,  7 

Co}i,tracts  to  furnish  coat,  how 

made .' II,  10 

Drain-cocks,  l(*ttin^  run  to 

waste  ‘ Ill,  13 

Drawinys,  superintemdent  of 

waterworks  to  make* II,  2 

Employees,  wate*i-we)rks  eannmit- 

te‘e*  to  tlx  salary  eef. 1 , 3 

Enyineer  (city),  supe*rint('ndent 
e)f  waU'rworks  tee  repe)rt  ce)st 

of  pipe's  te) II,  3 

te)  make;  e)ur  tax-bills  tor  lay- 

in<»’  wate'i*  i)ii)e* 1 1 , 3 

te)  eleelue-t  ex'itain  e'Xpenses 

fre)m  coidi‘ae*te)ivs III.  0 

may  oi-el(*i-  lii-e-plu<j:s  te)  be 
lise'd,  whe*n Ill,  12 


WATERWORKS  DEPARTMENT. 


Engineer  H (lir(3),  waterworks 
coiiiniittee  to  fix  salary  of  I, 
Excavationfi  for  lay i Mg’  pipe  may 

be  (lone  by  eoutraet II. 

to  ])e  made  \iii(ler  direetion  of 

city  enofiiieer Ill, 

E xpenditnres  of  department. 
waterworks  (committee  to 

control. 

Ferrules.,  wbat  kind  to  be  insert- 
ed in  pi])es Ill, 

register  of  water-rates  may 

wi tlid ra vv , when Ill, 

fee  for  replacing;- Ill, 

Filling  up  trenches,  may  l)e  done 

by  contract.... \ II, 

Fire,  in  case  of.  i-eservoir  to  be 

tilled II, 

Fire  companies,  may  use  watei* 

from  tire-plno’s.! V, 

Firemen,  waterworks  committee 

to  tix  salary  of I, 

Fire-plugs,  bow  erected II, 

liow  only  to  be  used Ill, 

letting  run  to  waste Ill, 

opening  without  autbority..V, 
Fixtures  of  loaterviorks  depart- 
ment. bow  laid  down II,  4 

regidations  concerning Ill, 

opening  without  authority  V, 
Gutters,  water  taken  from,  to  be 

paid  for V, 

Hydrants,  how  put  u]) II,  4 

leakinof,  to  be  repaired II, 

regulations  concerning..lI 1 , 7, 

not  to  run  to  waspi Ill, 

Slotting  11))  or  repairing,  con- 
trary to  ordinaiH'e.... HI, 

letting  run  to  waste Ill, 

inspectors  of  h3alrants  to  visit 

and  inspect IV, 

not  inclosed,  inspectors  to  re- 

j)ort IV, 

leaking,  inspectors  to  re- 
port  IV, 

sutfei'ing  to  be  exposed  to 

public  use V, 

permitting  waste  of  water 

from V, 

not  to  be  used  in  ditferent 

tenements V , 

Inspectors  o f hydrants,  to  exam- 
ine i)remis(‘s  and  report  IV'', 

how  appoint(*d IV, 

their  duties IV, 

to  have  fre(3  access  to  [(rem- 
ises  V, 

laying  pipes  contraiy  to  ordi- 

namte Ill, 

lead  servi{i(;-pipe,  how  to  lx* 

laid Ill, 

r(*gidations  (xuicerning 1 1 1 , 

Leaking  pipes  or  hydrants,  in- 
speetoi’s  to  report 1V% 


License,  to  attach  pipe,  when 
sni)(*rintendent  may  give  to 

plumber HI,  ^ 1 

persons  using  water  without, 

inspectors  to  report IV,  G 

using  water  without V,  5 

Tjicenses  for  water,  when  to  be 

issued IV,  2 

what  to  state IV,  2 

expiring,  noti(ie  to  be  giv- 
en  IV,  5 

for  what  length  of  time  to  be 

issued V,  1 

to  be  paid  in  advance V,  1 

how  dated V,  1 

may  be  transterred.  how...V,  2 
removal  of  party  holding,  to 

be  noted ."...V,  2 

amount  of  may  be  refunded  in 

(aise  of  tii-e V,  2 

using  water  without V,  5 

when  not  to  be  issued V,  9,  10 

to  be  issued  for  one  pnrpo.se 

only V,  11 

may  be  issued  to  use  water 
from  n e ig  h boring  h^"- 

drant 12 

how  obtained  b}"  ])arties  liv- 
ing beyond  wiiere  pi[)es  ai’e 

laid....'. V.  13 

may  be  withheld  b.y  register 

of  water-rates V,  14 

imw  be  revoked,  when V.  IG 

not  to  b(‘  issued  for  [(remises 
on  which  taxes  are  un- 
paid  V,  19 

mayor  may  set  aside  prohibi- 
tion to  issue V,  20 

Map  of  city,  su|(erintendent  of 

waterw((rks  to  ke(*[( II,  G 

Mayor,  to  attest  cost  ((f  laying 

water-[(ipe H,  3 

certain  [)r(([(Osals  to  be  o[(ened 

in  [(resence  of. H,  10 

t((  ap[(((int  register  of  wat(‘r- 

rates .IV,  1 

to  ap[(rove  sureties  of  ivgist(‘r 

of  watc'r-rates IV,  1 

may  S(‘t  aside  [(rohibiti((n  to 

issue  licenses.. V,  20 

to  notily  regisha-  ((f  wat(U-- 
rates,  if  engagCMl  in  <(tber 

business V,  21 

may  dismiss  <(r  sns[(('nd  regis- 
ter ((f  water-rates V , 21 

Notice  of  expiration  of  license  t<( 

be  givc'ii IV,  5 

Officers.  (‘it,v  {see  city  officers). 
Ordinances . wat(‘rw((rks (xun nut- 

tee  t((  re|(((rt  <(n 1 , 3 

ins[((M‘t((rs  ((f  hydrants  t((  ri*- 

[(ort  vi((lati((n  ((f I V , G 

Vermit  to  use  irater.  t((b(‘  lihal  in 

register’s  (dlice V,  12,  13 


§ 

12 

5 

3 

10 

11 

H 

12 

8 

3 

3 

13 

12 

13 

5 

5 

7 

5 

7 

, 5 

14 

11 

n 

13 

13 

G 

G 

G 

4 

4 

10 

2 

(( 

G 

22 

13 

3 

4 

G 


WA^'ERWOJUvS  DEPARTMEN^r. 


Oiil 


PcHtioiis  in  I’olntinii  to  w:»t(‘r- 
woi  ks,  wntcM-works  conimit- 

teo  to  rt'port  on I,  ^ 3 

tor  w:it(‘rworks,  snix-rin- 
toiuUnit  of  \vat(M-\voi-ks  to 

tost II,  '2 

liow  laid  down II.  4,  5 

to  bo  (Irillod  by  i)ropor  otIio(*r 

oidy Ill,  10 

laying-  e o n t r a r y to  ordi- 

nanco Ill,  13 

IHans  for  watorworks,  snporin- 
tondont  of  watorworks  to 

inako II,  2 

Plumbers^  to  obtain  porinit  troin 
snporintondont  of  wator- 
works  Ill,  1 

not  to  attaoli  pipe  unless  li- 
censed  Ill,  1 

to  pay  cost  of  certain  woi’k 
before  obtaining  new  per- 
mit  Ill,  6 

to  report  to  register  of  water- 

]-ates y,  24 

their  license  may  be  revoked, 

when ! V,  25 

none  but  licensed,  to  make  le- 

l)airs,  etc V,  25 

Plumbers’  vjork,  regnlations  con- 
cerning  Ill . 

Police^  to  give  certain  informa- 
tion to  snperint(*ndent  of 

waterworks II,  11 

to  re])ort  certain  violations  to 
register  of  water-rates...  V,  4 

Rates  for  use  of  water  [see  ajypen- 

dix) V,  () 

Receipts^  waterworks  comndttee 

to  control I,  3 

Record  of  water  licenses^  register 

of  watei'-rates  to  keej) V,  23 

Register  (city),  j-egisterof  water- 
rates  to  receive  blanks 

from IV,  3 

Re(jister  of  water-rates^  to  be 
memb(*r  of  waterwoi’ks  C()m- 

mittee I,  2 

to  act  as  seci-etai-y  of  water- 
works committ(‘e 1 , 2 

to  make  monthly  statmnent  I,  5 

to  collect  tax-bills  for  laying 

pipe 11,  3 

to  give  notice  of  tax-bills...! 1 , 3 

to  declare  tax-bills  deliiujiient, 

wheii II,  3 

to  receive  ])aym(‘nts  for  mak- 
ing attaehments  to  water- 

pipes,  etc HI,  2 

to  tile  certain  rec(Mpts  with 
sni)erintendent  of  water- 

woiks Ill,  2 

to  pay  moneys  into  treasury, 
when Ill,  2 


Rccjlster  of  water-rates,  to  sec 
stoj)  - boxes  kept  in  la?- 

pair III. 

to  notify  parti(\s  when  repairs 


ar('  necessai  y 

,..111, 

7 

to  refuse  licenses. 

when 

..III, 

7 

to  tnrn  otf  wat(‘r, 

when 

...III, 

11 

may  withdraw 

fe  r 1 

• n 1 e. 

when 

..  III. 

11 

may  permit  tire-plngs 

to  be 

used,  wlien 

..III, 

12 

how  appointed IV. 

term  of  office  of IV, 

pi-ovisions  concerning IV . 

persons  desiring  water  to  ap- 
ply to ^ IV, 

general  duties  of. IV, 

to  api)oint  inspectors  of  hy- 

di-ants IV, 

to  tlx  amount  of  rates  for 

water V , 

may  withhold  license V, 

may  revoke  license V, 

may  cut  otf  connection  of 

water V , 

may  reqnire  statement  under 

oath V, 

to  be  dismissed,  if  engaged  in 

other  business V , 

to  have  free  access  to  i)rem- 

ises V , 

to  ke(*p  record  of  water  li- 
censes  V, 

to  collect  rates  from  all  pei‘- 

sons  using  water I\', 

Rep/aciap  pavement,  may  be  done 

by  conti-act II, 

Report,  of  snpei’intendeiit  of  wa- 
terworks, what  tocontain  II, 
of  i'(‘gister  of  water  - i-at(*s, 

what  to  contain IV, 

Reservoir,  (listing  anything 

into.. V, 

Salaries  of  employees  of  water- 
works department,  watei- 

works  committee  to  lix I, 

Service- pipe,  lead,  how  laid 

down Ill, 

regnlations  concerning II  I, 

Special  tax-attorney , to  colU'ct 
delimjnent  tax-bills  for  lay- 
ing water-pipe H, 

Special  tax-bills  for  laying  watei- 
pipe,  city  enginem-  to  make 

out II , 

n'gister  of  water-rates  to  col- 
lect  II, 

register  of  water-rates  to  d(!- 
claia*  delimpumt,  wlu*n... II, 
sp(*cial  tax-attorney  to  collect 

delimpumt II , 

^^hat  interest  to  b(*ar II, 

Steam,  condensed^  to  be  i)aid  for 
as  water V, 


8 

14 

10 


18 


22 


23 


12 


i\-22 


WATERWORKS  DEPARTMENT. 


Stop-boxes,  not  to  be  covered  up 

or  destroyed Ill,  ^ 9 

Stop-cocks,  to  be  attaelied  to 

hydrants II,  5 

re^nlations  eone.ernin^j^ Ill,  7,  8 

opening  without  author- 
ity  V,  5 

Street  inspectors,  to  report  ctn-- 
tain  violations  to  register  of 

water-rates V,  4 

Superintendent  of  waterworks,  to 
he  nieni])er  of  w'aterworks 

eoinniittee I,  2 

to  make  monthly  statements  I,  5 

ofHee  of,  established II,  1 

how  appointed II,  1 

general  duties  of. I,  2,  3, 

G,  7,  8,  9,  11;  11,  2,  6 

may  enter  premises II,  7 

may  take  np  pavements II,  7 

hydrants  leaking  to  be  re- 
ported to II,  14 

to  tinisli  certain  work Ill , 6 

to  charge  cost  of  certain  work 

to  ])lnmbers Ill,  G 

Tax-bills  {see  special  tax-bills). 
Valves,  not  to  be  covered  np  or 

destroyed Ill,  9 

opening'  w i t h o ii  t authori- 
ty  V , 5 

Violations  of  ordinance,  insi)ect- 

ors  to  report IV",  6 

Water,  when  stopped  off,  in- 
spectors to  give  notice.... II,  9 

proper  oflicer  alone  to  shut  olf 

or  let  on Ill,  10 

per, sons  d(*siring,  to  apply  to 
register  of  water-rates...'. IV,  2 

waste  of,  inspectors  to  i-e- 

l)ort IV^,  G 

persons  using,  without  license, 

inspectors  to  repoi't IV,  G 

using  for  purposes  not  men- 
tioned in  license \",  4 


Water,  permitting  use  of,  with- 
out license V,  § 4 

using,  without  licen.se V,  5 

lettitig  on  or  shutting  off, 

without  authority V,  5 

rates  for  u.se  of. V,  6 

obtained  from  condensed 

steam,  to  be  paid  for V,  7 

obtained  from  gutters,  to  be 

paid  for V,  7 

rate  of,  to  be  tixed  by  register 

of  water-rates V,  8 

letting  on,  wlien  shut  off  by 

superintendent V,  17 

Water-closet,  not  to  run  to 

waste Ill,  11 

letting  run  to  waste Ill,  13 

Water-meters,  provisions  con- 
cerning  V,  6 

Water-pipes,  cost  of  laying,  how 

paid II,  3 

Water-rates , register  of  water- 

rates  to  collect IV,  3 

r o vi sio n s co n cern  i n g V . 

ow  to  be  charged Y,  8 

Waterivork-s,  waterworks  com- 
mittee to  take  cognizance 

of. I,  3 

ordinaiice  to  be  subject  to  or- 
dinance No.  5339'. V,  26 

Waterworks  committee,  water- 
works department  to  be  un- 
der control  of 1 

how  composed I,  2 

how  elected I,  2 

when  to  meet I,  2 

register  of  water-rates  to  act  , 

as  secretaiy  of. I,  2 

duties  of 1,  3,  5;  II,  4,  10,  12 

to  coidirin  inspectors  of  hy- 
drants  IV,  G 

Waterworks  department,  estab- 


lished  I,  1 

under  what  control I,  1 


Be  it  ordained  by  the  Co/n/non  Council  of  the  City  of  St. 
Louis : 


VVllTICU.E  I. 


TCate  r w o rks  Com  m it  tee. 


w aOMwoik.  do-  Section  1.  A <lcpartiiiciit  of  tlie  city  goyerninent  is  hereby 

partiiKMit  oi-tab- 

ii-hod;  ti)  be  established 

iiiiiler  control  of  r*  * £• 

waterworks  sluill  be  uiider  the  control  and  inanagenicnt  or  a eoinniittee  or 

conuiiiMee, 

the  common  council,  to  be  styled  the  “waterworks  committee.” 
Waterworks  Sec.  2.  Said  Committee  shall  consist  of  bye  members,  one  of 

coiiitnille.e,  bow  i i i e ^ 

composed.  wboiii  sluill  Ijo  froiii  tlic  b ii’st  aiul  Second  ^Yards,  one  from  the 


, to  1)0  called  the  “Waterworks  Department,”  which 


WA1^ERW(  )RKS  J )E lAVirrxMENT. 


G2: 


■) 


Tliird  luul  Foiirtli  "wards,  one  fi'oin  the  Fifth  and  Sixth  wards,  one 
from  the  Seventh  and  Eightli  Avards,  one  from  the  Ninth  and 
Tenth  Avards,  to  be  elected  bj  a l)allot  from  the  members  of  tlie 
common  council.  The  superintendent  of  AvaterAvorhs  and  the 
register  of  Avater-rates  shall  be,  ex  ojjicio^  members  of  said  com- 
mittee, but  shall  have  no  vote  in  its  proceedings.  Said  committee  Meetings  of 
shall  meet  on  the  first  Monday  of  each  month,  and  oftener  if  the 
business  of  the  department  should  i-erpiire  it.  They  shall  elect  a 
chairman,  and  the  register  of  Avater-rates  shall  act  as  secretary  secretary  of 

^ ^ ^ committee. 

thereof  and  keep  an  accurate  record  of  their  proceedings. 

Sec.  3.  It  shall  be  the  duty  of  said  committee  to  take  cogni-  Duties  of  wa- 

,,  . . , 1 r*  1 • terworks  com- 

zance  or  all  matters  pertaining  to  the  AvaterAvorivS  of  the  city  ; to  mittee. 
report  to  the  council  upon  all  petitions  and  ordinances  in  relation 
to  AvaterAvorks  ; to  fix  the  salaries  of  the  employees  of  the  Avater- 
Avorks  department,  including  the  engineers  and  firemen  employed 
in  said  department ; to  exercise  a strict  control  over  the  receipts 
and  expenditures  of  the  department,  and  to  perform  such  other 
duties  as  may  be  prescribed  by  the  common  council.  And  all 
bills  for  materials  furnished  and  Avork  done,  including  every  form 
of  expenditure  in  said  department,  shall,  before  the  same  are 
paid,  be  presented  to  said  committee  for  their  approval,  and, 
if  approved,  shall  be  signed  by  the  chairman. 

Sec.  4.  There  shall  lie  an  account  kept  by  the  auditor,  Avhich  waterworks 
account  shall  be  denominated  the  ‘SvaterAvorks  fund;”  and 
receipts  into  the  city  treasury,  Avhether  from  the  collection  of 
Avater-rates,  the  proceeds  of  the  sale  of  Itonds  issued  for  the 
extension  of  AvaterAvorks,  building  or  repairing  reservoirs,  or  the 
purchase  of  pipe,  or  from  any  other  source  connected  Avith  the 
management  and  operation  of  the  AvaterAvorks,  as  also  all  appro- 
priations of  the  council  for  any  pur])ose  connected  Avith  the 
AvaterAvorks,  shall  be  })laced  to  the  credit  of  said  fund  ; and  all 
expenditures  authorized  by  ordinance,  and  all  sahiries  and  dis- 
bursements connected  Avitli  the  management  and  o])eration  of 
the  AvaterAvorks,  shall  be  paid  out  of  said  fund  in  the  manner 
folloAving  : 

First — The  interest  on  bonds  heretofore  issue<l  on  account  of  now  paid  out. 
waterAvorks,  Avhich  interest  shall  not  exceed  twenty-five  thousand 
dollars  in  any  one  year  ; and  all  interest  on  bonds  that  shall  be 
issued  hereafter  for  Avaterworks  purposes. 


024 


WATERWORKS  DEPARTMENT. 


\V  aterworks 
committee  to 
examine  ac-  - 
counts. 

Register  to  fur- 
nish statement 
of  moneys. 

Superintendent 
to  furnish  state- 
ment of  expens- 
es 


Payment  tor 
waterworks  to 
be  out  of  water- 
works fund. 


Second — The  current  expenses  of  collecting  water-rates,  and 
tlie  salaries  of  officers  connected  with  the  department. 

Third — Expenditures  authorized  by  ordinance. 

Sec.  5.  Said  committee  shall,  on  the  first  meeting  in  each 
month,  examine  the  accounts  of  the  department.  The  register  of 
water-rates  shall  furnish  the  committee  with  a full  statement,  for 
the  month  next  pi;eceding  such  meeting,  of  all  moneys  collected 
by  him  and  the  amount  paid  into  the  treasury.  And  the  superin- 
tendent of  wateinvorks  shall  furnish  a statement  to  said  committee 
of  all  expenses  incurred  in  operating,  repairing,  and  extending 
said  waterworks,  which  shall  be  entered  on  record  by  the  secretary 
of  said  committee. 

Sec.  6.  All  existing  ordinances  relating  to  Avateinvorks,  which 
provide  for  appropriations  from  any  special  fund,  shall  be  so 
amended  as  to  require  payments  to  be  made  from  the  waterworks 
fund. 


ARTICLE  II. 

Super inte7ident  of  Waterworks. 

Supei  iiitendeut  Section  1.  There  shall  be  a superintendent  of  wateinvorks, 

to  be  appointed,  to  be  appointed  and  confirmed  as  other  city  officers. 

Duties  of  super-  Sec.  2.  It  shall  be  the  duty  of  the  superintendent  of  water- 

iiitendeiit.  , 

works : 

First  — To  take  charge  of  and  exercise  a general  supervision 
over  the  waterworks,  and  everything  appertaining  thereto  or  used 
in  supplying  the  city  with  water,  and  to  examine  constantly  into 
the  condition  thereof  and  to  see  that  the  same  are  kept  in  good 
order  and  repair,  and  to  superintend  all  additions  made  to  said 
works,  and  execution  of  all  contracts  concerning  the  same. 

Second  — To  make  all  drawings,  plans,  and  estimates  required 
for  any  work  to  be  done  about  the  waterworks. 

Third  — To  test,  and  approve  or  reject,  any  pipes  or  other 
materials  furnished  for  the  wateinvorks. 

Fourth — To  report  to  the  common  council,  two  weeks  before 
each  stated  session,  a general  statement  of  all  tlie  affairs  ol*  tlie 
• office,  showing  the  condition  of  the  waterworks,  tlie  Avhole  amount 
of  the  appropriations  for  the  same,  and  the  disbursements  of  sucli 
appropriations,  and  all  such  other  information  as  the  council  may 


WATEinVOlJKS  DEl^VllTMENT. 


025 


rc((nire  or  lie  may  deem  of  interest  to  tlie  city;  which  report 
shall  be  laid  liefore  the  council  at  its  ensuing  session. 

Sec.  0.  AVhenever  the  superintendent  of  waterworks  shall, 
under  authority  of  ordinance,  lay  a supply  of  water-pipe  on  any 
higdiway  or  other  way  in  the  city  of  St.  Louis,  upon  the  com- 
pletion of  the  work  he  shall  report  the  total  cost  of  the  work 
done,  including  all  labor  and  material,  to  the  city  engineer ; 
and  in  case  the  pipe  is  larger  than  a six-inch  pipe,  then  he 
shall  report  such  a proportion  of  the  cost  of  the  pipe  as  shall 
be  ecpiivalent  to  the  cost  of  a six-inch  pipe,  including  the  labor 
and  materials,  to  the  city  engineer;  and  he  shall  also  report  such 
other  information  as  the  city  engineer  may  require.  The  reported 
cost  of  such  pipes,  including  the  labor  and  materials,  shall  be 
assessed  as  a special  tax  against  the  OAvners  of  the  lots  of  ground 
fronting  on  the  Avay  Avherein  the  pipe  shall  have  been  laid,  in 
accordance  with  law.  As  soon  as  such  pipe  shall  liave  been  laid 
the  city  engineer  shall  make  out  tax-hills  against  the  OAvners  of 
the  said  lots  of  ground,  in  proportion  to  the  frontage  thereof; 
the  said  bills  shall  be  signed  by  the  city  engineer,  and  shall  be 
accompanied  by  a statement  from  the  mayor  that  the  cost  of 
the  pipe  so  assessed  is  not  greater  than  that  of  a six-inch  pipe  ; 
the  tax-bills  shall  then  ])e  delivered  to  the  register  of  Avater-rates, 
and  he  shall  collect  them  at  his  office ; upon  the  receipt  of  said 
bills  the  register  of  Avater-rates  shall  give  public  notice  of  the 
fact  by  publication  in  the  neAvspapers  employed  by  the  city  to 
do  other  city  printing,  Avhich  puljlication  shall  be  repeated  at 
least  five  times  ; the  said  bills  shall  liear  interest  at  the  rate  of 
ten  per  cent,  per  annum  from  the  date  of  issue,  if  not  paid 
Avithin  three  months  thereafter;  and  if  they  shall  not  be  paid 
Avithin  four  months,  they  shall  then  be  declared  delimpient  by 
the  register  of  Avatei’- rates,  and  he  shall  deliA'cr  them  to  the 
special  city  tax  attorm^y,  Avho  shall  proceed  to  collect  them  in 
the  manner  provided  for  the  collection  of  other  delimpient  city 
taxes;  the  said  attorney  shall  account  to  the  register  of  Avater- 
rates  for  all  collections  on  account  of  said  tax-bills,  avIio  shall 
pay  into  the  city  treasury  all  moneys  received  by  him  on  account 
of  said  bills,  and  the  same  shall  be  credited  to  AvaterAvorks  fund 
on  the  hooks  of  the  auditor. 

Sec.  4.  All  hydrants,  pipes,  and  fixtures  laid  doAvn  for  the  use 
40 


Suppritit  f-iulent 
to  report  cost  of 
supply-pipe. 


Cost  to  be  as- 
sessed against 
owners  of  lots. 


Bills  to  be 
signed  by  engi- 
neer and  mayor. 


Tax-bills,  how 
collected. 


lnter(‘st  on  tax- 
bills. 


AVhen  delin- 
(luent . 


Delinquent 
bills,  how  col- 
lected. 


WATERWORKS  DEPARTMENT. 


(126 


Hydrants,  Ptc., 
to  be  at  expense 
of  owners. 


Resulations 
concerning  hy- 
drants. 


Superintendent 
to  keep  map  of 
waterworks,  etc. 


Superintendent 
may  enter  in- 
closures,  etc. 


Duty  of  super- 
intendent in 
case  of  tire. 


Notice  to  be 
given  on  stop- 
ping off  water. 


('oal  for  water- 
works, regula- 
tions for  obtain- 
ing. 


of  individuals,  and  connected  with  the  waterworks,  shall  be  laid 
down  at  the  expense  of  the  owner,  under  such  regulations  as  the 
waterworks  committee  may  prescribe. 

Sec.  5.  To  all  such  hydrants  the  superintendent  shall  see  that 
stop- cocks  are  attached,  which  shall  be  put  in  a convenient  place 
in  a public  highway,  if  practicable,  and  be  covered  with  an  iron 
plate,  on  which  shall  be  cast  the  letter  “ W.” 

Sec.  0.  The  superintendent  shall  keep  a corrected  map  of  the 
city,  on  Avhich  shall  be  marked  and  designated  the  location  of  all 
buildings,  reservoirs,  cisterns,  pi})es,  valves,  and  fire-plugs  con- 
nected with  the  waterworks,  which  shall  be  altered  from  time  to 
time,  as  circumstances  may  recptire  ; and  also  an  atlas,  containing 
a plat  of  each  block  of  the  city  in  which  any  water-pipe  is  laid, 
on  which  shall  be  designated  the  location  of  the  buildings  on  each 
block,  and  of  hydrants,  fire-plugs,  valves,  and  other  things  con- 
nected with  the  waterworks,  and  any  other  information  necessary 
to  exhibit  the  whole  detail  of  said  works;  and  also  accurate  and 
minute  drawings  of  the  buildings,  reservoirs,  machinery,  and  other 
appurtenances  of  said  works. 

Sec.  7.  The  superintendent  shall  have  power,  in  the  discharge 
of  his  duties,  to  enter  into  any  house,  lot,  iuclosure.  or  other 
premises,  and  to  take  up  any  pavements,  when  necessary  for  the 
laying  down  or  repairing  of  any  pipe,  replacing  such  pavement 
in  a proper  manner. 

Sec.  8.  Upon  the  happening  of  a fire  in  any  part  of  the  city 
the  superintendent  shall  see  immediately  that  a full  su})ply  of 
water  is  kept  in  the  reservoii-  of  the  tvaterworks. 

Sec.  9.  In  any  case  when  it  is  necessary  to  stop  off  the  suppl}^ 
of  water  from  the  reservoir  the  su})erintendent  shall  give  })ublic 
notice  of  the  contemplated  stoppage,  in  the  newspapers  em])loyed 
by  the  city. 

Sec.  10.  The  coal  necessary  for  the  use  of  the  tvaterworks 
shall  be  furnished  by  contract,  by  the  year,  unless  otherwise 
ordered  by  the  committee  on  waterworks  ; and  the  su})erintendent 
shall  give  two  weeks’  notice,  by  handbills,  or  by  papers  doing  the 
city  printing,  that  sealed  proposals  will  be  received,  at  a certain 
time  designated,  for  supplying  the  (piantity  of  coal  needed  ; and 
a sufficient  number  of  such  handbills  should  be  left  with  each 
weigher  of  hay  or  stone-coal  to  deliver  one  to  each  coal -wagon 


WATEKWOPxKS  JTKPARTMENT. 


(>27 


coming  into  the  city;  said  sealed  proposals  shall  be  opened  by 
the  superintendent  of  Avaterworks,  in  the  presence  of  the  mayor 
and  committee  on  Avateiavorks  ; and  the  loAvest  bidder,  taking  into 
consideration  the  (piality  of  the  coal,  shall  receive  the  contract, 
provided  be  give  good  security,  to  be  approved  by  the  Avateiavorks 
committee,  for  the  fulfillment  of  the  contract  ; and  all  contracts  contracts  to  bo 

’ approved  by 

relating  to  Avaterworks  shall  be  made  subject  to  the  approval  of  common  cuun- 
tbe  common  council. 

Sec.  11.  The  city  police  and  all  city  officers  are  required  to  Duty  of  city  ol- 
inform  the  superintendent  of  any  violation  of  this  ordinance,  and  violations  of  or- 
to  give  the  name  of  the  person  offending,  if  knoAvn  to  them;  and 
likeAvise  to  inform  him  of  any  leakage  or  derangement  of  any 
part  of  the  AvaterAvorks. 

Sec.  12.  Excavations  for  laying  doAvn  pipe,  filling  up  trenches  Excavations  for 
made  therefor,  and  reyilacing  pavement,  shall  be  let  out  to  the  ulations  con- 

1 1 • 1 1 • ^ f.  1 -1  cerning. 

loAvest  bidder,  as  in  other  cases  of  contracts  — Avhenever,  in  the 
opinion  of  the  AvaterAAairks  committee,  it  shall  be  deemed  exjiedient 
to  do  such  Avork  by  contract. 

Sec.  18.  The  superintendent  shall  not  erect  any  fire-plugs  Fire-piugs  to 

. , , ....  , , , have  but  one 

Avitli  more  than  one  opening  Avherein  hose  can  be  attached.  opemng. 

Sec.  14.  It  shall  be  tlie  duty  of  every  ])erson  using  Avater  Duty  to  repair 
from  a liydraiit,  Avhen  sudi  hydrant  shall  leak,  to  have  the  same  Iiilnu^ 
repaired  immediately,  or  to  notify  the  superintendent  of  the 
Avaterworks  of  such  leak,  under  a penalty  of  five  dollars  for 
failing  so  to  do. 

A 11  T I Civ  E 111. 

Plumbers^ 

Section  1.  Any  plumber  desirous  of  introducing  Avater  from  piumiiers  to  pro- 

1 , , 1 1 1 1,  permits. 

trie  Avatei'Avorks  to  any  liouse  or  other  place  shall  first  procure  a 

permit  and  number  from  the  superintendent  of  AvaterAvorks  for 

each  and  every  opening  retpiired,  and  said  superintendent  and 

the  register  of  Avater-rates  shall  determine  the  size  of  all  attach-  Licensed  plumb- 
ers only  to  have 

merits  to  be  made.  No  plumber  or  other  person  Avill  be  permitted 

to  attach  to  any  service-piiie  or  Avater-main  unless  licensed  by  the  to  whom  license 

. 1 ^ ^ , 1 shall  be  granted 

superintendent  of  AvaterAvorks  ; and  no  license  shall  be  granted 
to  any  individual  until  a satisfactory  certificate  from  at  least  tAvo 
respectable  plumbers  of  the  city  of  St.  Louis  is  given  to  him, 
testifying  that  the  applicant  is  a competent  plumber,  and  qualified 


(328 


WATE11W0]U\S  DEPARTMENT. 


Amount  to  be 
paid  for  attach- 
ments. 


Service-pipe, 
liow  deep  to  be 
laid. 


Service-pipe, 
regulations  con- 
cerning. 


bl.Kcavations  to 
be  made  under 
direction  of  en- 
gineer. 


to  receive  a license  and  do  plundjers’  work  in  a satisfactory, 
workmanlike  manner. 

Sec.  2.  For  every  attacliment  made  ky  order  of  the  superin- 
tendent of  the  waterworks  there  shall  be  charged  for  the  use  of 
the  city  the  sum  of  Pvo  dollars  on  tlie  granting  of  the  permit 
by  the  superintendent  of  waterworks,  said  money  to  be  paid  by 
the  applicant  to  the  register  of  water-rates,  taking  two  receipts 
from  said  register,  one  to  be  filed  by  the  superintendent  and 
reported  in  his  semi-annual  report  to  the  city  council,  the  other 
to  be  retained  by  said  applicant.  The  money  thus  collected  shall 
be  paid  to  the  treasurer  of  the  city,  monthly,  by  the  register, 
and  credited  by  the  city  auditor  to  waterworks  fund. 

Sec.  3.  All  lead  service-pipe  placed  in  connection  with  the 
wateiuvorks,  under  ground,  either  in  the  street,  alleys,  or  on  pri- 
vate property,  shall  not  be  less  than  three  feet  below  the  surface 
of  the  ground. 

Sec.  4.  Said  service-pipe  shall  be  what  is  known  as  extra- 
strong pipe,  and  weigh,  per  linear  foot,  as  follows,  to-wit : half- 
inch  diameter,  two  pounds  seven  ounces  per  foot ; five- eighth- 
inch,  three  pounds  per  foot ; three-fourths-inch,  three  pounds  ten 
ounces  per  foot ; one-inch,  four  pounds  twelve  ounces  per  foot  ; 
one-and-a-fourth-inch,  six  pounds  ; one-and-a-half-inch,  seven 
pounds  two  ounces  ; one-and-three-fourths-inch,  eight  pounds  four 
ounces  ; two-inch,  nine  pounds  eight  ounces  ; two-and-a-half- 
inch,  sixteen  pounds  twelve  ounces.  Service-pipe  in  buildings 
above  ground  may,  at  the  option  of  parties  interested,  be  wliat  is 
known  as  strong  pipe,  and  weigh  as  follows,  per  linear  foot : 
five-eighth-inch  diameter,  two  })ounds  eight  ounces  per  foot ; 
three-fourths-inch  diameter,  three  pounds  ; one-inch  diameter, 
four  pounds  ; one-and-a-fourth-incii  diameter,  four  pounds  eight 
ounces  ; one-and-a-half-inch  diameter,  six  pounds  four  ounces  ; 
one-and-three-fourths-inch  diameter,  six  pounds  eight  ounces  ; 
two- inch  diameter,  eight  pounds.  All  service  lead  pipe  of  ligliter 
weight  than  the  above  are  strictly  proliibited.  Wi-ought-iron  pipe 
can  only  be  used  above  ground,  except  by  special  })ermission  from 
superintendent  of  waterworks. 

Sec.  5.  All  excavations,  for  service-pi})e,  in  any  ])ublic  street 
or  alley,  shall  be  made  according  to  the  instructions  or  regula- 
tions of  the  city  engineer. 


) iu<  s 1 )ErA  irrMENT . 

Sec.  G.  Should  aiij  street,  alley,  or  highway  he  left  open  or 
unfinished  for  the  space  of  twenty- four  hours,  or  should  the  work 
be  done  contrary  to  tlie  regulations  herein  specified,  the  superin- 
tendent of  waterworks  shall  proceed  and  finish  the  same  and 
charge  the  expense  thereof  to  the  plumber  doing  the  work,  which 
expense  shall  be  paid  by  said  plumber  previous  to  his  receiving 
another  permit. 

Sec.  7.  There  shall  be  a stop-cock  attached  to  each  hydrant, 
branch-pipe,  or  other  fixture  for  the  distribution  of  water  from 
the  waterworks.  It  shall  be  placed,  in  streets,  on  the  sidewalks, 
within  one  foot  of  the  curbstone  ; and  in  alleys,  within  one  foot 
of  the  side  line  of  same.  All  other  pipes  branched  to  or  con- 
nected with  a public  or  private  branch  or  stop-cock  shall  be 
attached  in  a convenient  and  accessible  place,  within  three  feet 
of  the  hydrant  or  draw-cock,  so  that  the  water  in  one  branch 
can  be  shut  off  without  affecting  another;  and  each  house  shall 
have  a separate  hydrant  and  stop-cock  ; and  all  stop-cocks  shall 
be  at  least  three  feet  below  the  surface  of  the  ground,  and  outside 
of  the  building. 

Sec.  8.  All  stop-cocks,  without  exception,  shall  have  a strong 
and  suitable  (T)  head,  and  no  other  description  will  be  permitted 
to  be  used.  Tliey  shall  be  inclosed  in  a case  of  wood  or  iron, 
built  up  even  with  the  surface,  and  to  have  a cast-iron  frame, 
three  inches  square,  with  a lid  fitted  thereto  so  that  it  can  not  be 
thrown  off.  When  stop-cocks  can  not  be  placed  in  the  sidewalks 
on  account  of  vaults  built  under  them,  then  the  stop-box  must  be 
made  of  iron,  three  inches  inside  at  the  top,  with  a flange  at  the 
bottom  to  prevent  theii'  rising  by  the  frost,  to  be  placed  in  the 
street,  clear  of  the  gutter,  and  have  a cast-iron  lid,  with  ])rongs, 
six  inches  deep,  to  keep  it  in  its  place,  similar  to  patterns  fur- 
nished by  the  superintendent  of  the  waterworks.  It  shall  be  the 
duty  of  the  register  of  Avater-rates  to  see  that  the  stop-boxes  are 
kept  in  good  order  and  re]:)air;  and,  Avhen  necessary,  to  notify 
parties  OAvning  or  tenants  of  the  premises  of  the  condition  of 
the  same,  Avith  a vicAV  to  their  repair  or  i-enoAval,  etc.  ; and  should 
the  })arties  so  notified  refuse  or  neglect  to  rencAV  or  repair  the 
same  as  may  be  directed  by  the  register  of  Avater-rates,  it  shall  be 
the  express  duty  of  the  register  of  Avater-rates  to  I'efuse  a license 
for  the  use  of  Avater  until  such  directions  are  complied  Avith. 


G21) 


Siippi'intoniJent 
to  liiiisli  certain 
woi  k. 


Regulations 
coiiceruing 
stop-cocks, 
pipes,  etc. 


Further  regula- 
tions concern- 
ing stop-cocks 
and  boxes. 


<530 


WATERWORKS  DEPARTMENT. 


Valves  and  stop- 
boxes  not  to  be 
disturbed  on  re- 
pairing streets, 
etc. 


llpgulalions  for 
sbiitling  cfif  wa- 
ter, etc. 


Water  to  be  shut 
off  for  waste, 
etc. 


Fire-plugs  to  be 
used  in  case  of 
tire  only,  except 
by  bo-ird  of 
health. 


Sec.  9.  Parties  paving  streets,  alleys,  or  sidewalks,  or  repav' 
ing  or  repairing  the  same,  are  expressly  forbid  from  destroying 
or  covering  up  any  valve  or  stop-box  attached  to  the  waterworks, 
under  a fine  of  not  less  than  five  nor  more  than  twenty  dollars 
for  each  and  every  offense,  to  be  recovered  as  in  other  violations 
of  city  ordinances,  except  in  case  of  city  contractors  doing  work 
for  the  city ; in  which  case  the  city  engineer,  on  being  notified 
of  the  same,  shall  deduct  from  all  moneys  going  to  said  con- 
tractors the  expense  of  removing  or  repairing  the  same. 

Sec.  10.  No  person  is  permitted  to  let  on  or  shut  off  water 
from  any  pipe  or  main  of  the  waterworks,  except  the  proper 
ofiicer  of  the  department ; and  no  one  except  those  employed  by 
the  superintendent  will  be  permitted  to  drill  the  pipes  ; and  no 
ferrule  shall  be  inserted  that  will  penetrate  the  bore  more  than 
one-eighth  of  an  inch,  and  shall  also  accurately  conform  in  shape 
to  the  drill  used. 

Sec.  11.  No  hydrant,  water-closet,  or  other  attachment  to  the 
waterworks  shall  be  left  running  to  waste ; and  it  shall  be  tlie 
duty  of  the  superintendent  of  waterworks  and  register  of  water- 
rates,  where  such  wuiste  takes  place,  to  turn  off’  the  water  from  the 
premises.  In  all  cases  Avhere  the  water  has  been  turned  off  for 
waste,  non-payment  of  license,  or  violation  of  the  rules  and 
regulations  of  the  waterworks  department,  and  found  on  again, 
the  register  may  cause  the  ferrule  to  be  drawn  from  the  street- 
main,  and  it  shall  not  be  reinserted  until  all  back  wniter-rates  are 
paid,  and  ten  dollars  additional  for  drawing  and  replacing  the 
ferrule. 

Sec.  12.  No  person  shall  be  permitted  to  use  the  fire-plugs  of 
the  city  except  for  the  extinguishment  of  fires,  washing  hose 
apparatus,  or  similar  purposes,  except  under  the  order  of  the 
board  of  health,  when  deemed  necessary  for  the  sanitary  con- 
dition of  the  city,  under  a penalty  of  not  less  than  five  nor 
more  than  fifty  dollars ; and  the  register  may  permit  tlie  use 
of  water  for  the  purpose  of  consolidating  the  fillings  of  public 
highways  made  by  the  order  of  the  city  engineer. 

Sec.  13.  Any  plumber  or  other  person  who  sliall  lay  down 
any  j)ipe,  set  up  or  repair  any  hydrant,  or  do  any  other  act  (*on- 
trary  to  the  spirit  and  intent  of  article  third  of  this  ordinaman 
or  willfully  let  run  any  water-closet,  hydrant,  drain-cock,  oi-  !ire- 


J’enallit's 


WATEllWOlIKS  DEPARTMENT. 


m 


plu^',  wlicrel)y  the  Avatcr  from  tlic  waterworks  sliall  bo  wasted, 
shall  he  fined,  on  conviction  thereof,  not  less  than  five  nor  more 
than  fifty  dollars,  to  be  collected  as  other  penalties. 

ARTICLE  IV. 

Water- Ralt^s  Office. 

Se^^tiox  1.  The  mayor  shall  appoint  a register  of  water-rates, 
who  shall  be  confirmed  by  the  board  of  common  council,  and  shall 
hold  his  office  for  one  year  from  the  second  Monday  in  June  in 
each  year  (unless  sooner  removed),  and  shall  keep  his  office  in 
the  city  hall,  and  give  bond,  to  be  filed  with  the  city  register, 
with  three  sureties,  to  be  approved  by  the  mayor,  in  the  penal 
sum  of  ten  thousand  dollars,  conditioned  for  the  faithful  per- 
formance of  the  duties  retjuired  1^}"  law  and  ordinance. 

Sec.  2.  Any  person  desiring  the  use  of  water  from  the  water- 
works shall  apply  to  the  register  at  his  office,  whereupon  he  may 
send  an  inspector  to  inspect  the  premises,  who  shall  report  upon 
oath  the  condition  of  all  the  hydrants,  cocks,  water-closets,  and 
other  fixtui'es  ; and,  if  the  same  shall  be  found  in  complete  order 
and  of  approved  (puility  and  kind,  he  may  issue  a license;  but,  if 
found  otherwise,  no  license  shall  be  issued  until  the  defects  have 
been  cauTected.  The  inspector  shall,  in  like  manner,  inspect  the 
premises  foi-  Avhich  licenses  are  issued  once  in  every  three  months  ; 
and  when  defects  are  found  which  result  in  a waste  of  water,  or 
when  persons  are  found  guilty  of  a needless  and  willful  use  of 
water,  the  license  issued  shall  l)e  forfeited,  and  the  water  shall 
be  turned  off  until  a new  license  shall  have  been  granted  ; and 
offenders  may  also  be  proceeded  against  as  otherwise  ])rovided. 
The  license  shall  state  specifically  the  j)iirpose  and  time  for  which 
the  license  is  granted,  the  number  of  the  hydrant  and  that  of  the 
block,  and,  as  near  as  may  be,  the  number  of  the  building  to 
which  the  hydrant  is  attached,  and  its  position  in  the  block  ; also, 
the  amount  paid  ; and  upon  the  back  of  said  license  shall  be 
printed  a synopsis  of  the  regulations  concerning  the  use  of  water 
from  the  waterworks. 

Sec.  8.  It  shall  be  the  duty  of  the  register  of  water-rates  to 
have  the  care  and  safe-kee]:)ing  of  all  the  books  and  papers 
belonging  to  his  office,  and  to  attend  to  the  collection  of  watcr- 


Register  of  wa- 
ter-rates to  be 
appointed. 

Term  of  office  of. 


Bond  of. 


■Application  for 
water  to  be  made 
to  register. 

Inspector  to  ex- 
amine premises. 


Licenses  for  wa- 
ter, wbat  to  con- 
tain. 


Duties  of  regis- 
ter of  water- 
rates. 


682 


WATERWORKS  DEPARTMENT. 


Register  may 
appoint  clerks. 


Water  to  be 
shut  olf  for  non- 
payment of  li- 
cense. 


Inspectors  of 
hydrants  to  he 
appointed. 


rates,  lie  shall  also  cause  to  lie  made  and  kept  in  his  office  a 
full  and  complete  record  of  all  hydrants  and  attachments  of  every 
kind  connected  with  the  wateiavorks,  by  blocks,  numbering  the 
h^ulrants  in  each  block  separately ; and  also  designate,  by  the 
number  or  otherwise,  the  tenement  in  wdiich  said  hydrants  or 
attachments  are  used,  specifying  the  number  of  baths,  water- 
closets,  or  otlier  attachments,  in  each  tenement ; and  hereafter, 
when  any  ncAv  hydrants  or  attachments  of  any  kind  are  made,  he 
shall  record  the  same  in  the  registry  of  hydrants,  under  its  appro- 
priate block.  It  shall  also  be  the  duty  of  said  register,  at  the 
opening  of  each  stated  session  of  tlie  common  council,  to  report 
to  that  body  the  amount  of  money  collected  for  water-rates  since 
the  first  day  of  the  preceding  session  of  said  council,  with  a 
detailed  statement  showing  from  what  sources  the  same  has  been 
derived.  The  said  register  shall  pay  into  the  city  treasury, 
weekly,  all  money  received  by  him,  and  file  the  receipt  with  the 
auditor  ; and  at  the  end  of  every  month  he  shall  report  to  the 
auditor,  under  oath,  all  money  received  by  him  for  licenses,  and 
the  payments  made  by  him  into  the  city  treasury,  and  at  the  same 
time  settle  with  the  auditor,  producing  all  the  blank  licenses  in 
his  hands.  He  shall  receive  from  the  city  register  blank  licenses, 
signed  by  the  city  register,  for  which  he  shall  give  said  city 
register  duplicate  receipts,  one  of  which  shall  be  delivered  to  the 
auditor  and  the  other  retained  in  the  city  register’s  office.  The 
register  of  water-rates  shall  devote  his  whole  time  and  attention 
to  the  discharge  of  his  official  duties,  and  shall  engage  in  no  other 
business,  during  his  term  of  office,  that  will  interfere  therewith. 

Sec.  4.  The  register  of  Avater-rates  shall,  Avith  the  approval 
of  the  mayor,  appoint  competent  clerks,  Avho  shall  be  styled  the 
“register  of  Avater-rates’  clerks,”  Avhose  duty  it  shall  be  to 
render  the  register  such  assistance  as  he  shall  recpiire  of  them. 

Sec.  5.  Whenever  a license  ex})ires,  and  notice  has  been 
given  to  renoAv,  if  not  complied  Avith  Avithin  five  days  the  Avater 
shall  be  shut  off. 

Sec.  G.  Four  inspectors  of  hydrants  shall  be  appointed  by  the 
register  of  Avater-rates  and  confirmed  by  the  committee  on  Avater- 
Avorks,  whose  duty  it  shall  be  to  visit  and  inspect  all  hydrants  and 
other  attachments,  and  see  that  the  same  are  in  good  order  and 
properly  inclosed;  they  shall  report  to  the  register  any  hytlrauts 


Their  duties. 


WATERW( )KKS  DEPiVRTMENT. 

not  properly  inclosed,  iiny  waste  o^‘  water,  leaking  pipes  or 
hydrants,  persons  using  water  without  license,  or  any  other  viola- 
tion ot*  this  ordinance  that  may  come  to  their  knowledge  ; they 
shall  serve  all  notices  issued  by  the  register ; and,  when  re(|uired 
by  the  register,  shall  shut  off  the  water  from  any  hydrant  for 
which  the  license  is  unpaid  ; they  shall  report  to  the  register  the 
location  of  all  new  buildings  on  any  street  or  alley  where  water- 
pipe  has  been  laid,  in  order  to  the  entry  of  the  same  upon  the 
register’s  record  and  atlas  ; in  all  cases  where  meters  are  used 
they  shall  note  the  consumption  of  water  as  indicated  thereby 
and  report  the  same  to  the  register ; and  shall  perform  such  other 
duties  as  may  be  required  of  them  by  the  register. 

Sec.  7.*  The  register  of  water-rates  is  hereby  instructed  to 
collect  from  all  persons  who  use  the  water  from  the  city  water- 
works the  water-rates  as  established  by  law. 

A R T I C I.  E V. 

Water-Rates. 

Section  1.  All  licenses  shall  be  issued  for  one  year,  unless 
the  applicant  request  the  same  to  be  issued  for  six  months,  which 
may  be  done.  The  rates  assessed  shall  in  all  cases  be  paid  in 
advance ; and  said  license  shall  be  dated  on  the  first  day  of  the 
month  in  which  the  same  is  granted. 

Sec.  2.  Any  license  may  be  transferred  by  the  consent  of  the 
register,  who  shall  note  such  transfer  upon  the  back  of  the  license 
and  upon  the  record  in  his  office:  Provided.,  however.,  that  no 
such  transfer  shall  be  made  if  the  transferee  have  a larger  family 
or  a greater  use  for  the  water  than  the  person  to  whom  tlie  license 
was  issued.  Any  person  holding  a water  license  who  may  remove 
from  the  place  for  which  the  same  was  granted,  and  who  shall 
notify  the  register  thereof  within  three  days  thereafter,  may 
have  the  benefit  of  the  unexpired  term  of  his  license  at  his  new 
location  ; and  the  fact  of  such  removal  shall  be  noted  by  the  reg- 
ister on  the  license  and  iq)on  the  record  in  his  oflice.  Should 
any  person  holding  a water  license  be  deprived  of  the  use  of  the 
water  by  fire,  the  register  may,  vq)on  the  application  therefor, 


Licenses,  liuw 
to  be  issued. 


How  licenses 
may  be  trans- 
ferred. 


Licenses  for  wa- 
ter may  be  re- 
funded in  case 
of  tire. 


* Tilts  is  section  one  of  ordinance  No.  5300,  approved  JnlyO,  1804. 


WATERWOllKS  DEPARTMENT. 


1)^4 


Fire  companies 
may  use  water 
for  washing  en- 
gines, etc. 


Penalty  for  per- 
mitting use  of 
water  without 
license. 


Street  inspect- 
ors and  police- 
men to  report 
violation  of  this 
section. 


pay  back  an  amount  proportionate  to  the  time  said  license  has 
to  run,  taking  a receipt  therefor,  wliicli  receipt  shall  he  credited 
to  the  register  in  his  tpiarterly  settlement  with  the  auditor. 

Sec.  8.  The  regularly-constituted  fire  companies  of  the  city 
shall,  at  all  times,  have  liberty  to  use  water  from  the  fire-plugs, 
for  the  purpose  of  cleaning,  washing,  or  testing  their  engines  or 
other  apparatus. 

Sec.  4.  Whoever,  having  a water  license,  shall  use  or  suffer 
to  he  used  the  water  from  the  hydrant  designated  in  his  license 
for  any  other  purpose  than  that  specified  therein  ; or  shall  suffer 
any  person  not  licensed  to  use  water  from  such  hydrant  without 
informing  the  register  of  water-rates  thereof ; or  shall  suffer  such 
hydrant  to  remain  exposed  to  public  use;  or  shall  suffer  or  permit 
any  unnecessary  waste  of  water  therefrom  ; or  shall  negligently 
suffer  the  water  to  run  from  the  same  without  being  used,  shall 
forfeit  and  pay  not  less  than  five  nor  moi'e  than  fifty  dollars  ; and 
it  is  hereby  made  the  duty  of  all  street  inspectors  and  policemen 
to  report  to  the  register  of  water-rates  any  and  all  breaches  of 


Using  water 
without  license. 


Injuring  water- 
works. 

Penalty. 

Water-rates. 

Residences. 


this  section  of  this  ordinance. 

Sec.  5.  Whoever  shall,  himself  or  by  any  of  his  family,  or  by 
any  of  his  agents  or  servants,  use  the  water  from  any  part  of  the 
waterworks  witliout  license;  or  shall,  Avithout  laAvful  authority, 
open  any  fire-plug,  stop-cock,  valve,  or  other  fixture  appertaining 
to  said  works;  or  siiall  let  on  or  shut  off  Avater  into  or  from  any 
pipe  Avithout  the  authority  from  the  superintendent  of  AvaterAvorks 
or  register  of  Avater-rates  ; or  shall  injure,  deface,  or  impair  any 
part  or  appurtenances  of  the  AvaterAvorks  ; or  shall  throAV  or  cast 
anything  into  the  reservoir  of  said  AvorlvS,  shall  forfeit  and  pay 
not  less  than  five  dollars. 

Sec.  6.  The  folloAviug  rates  for  the  use  of  Avater  from  the 
AvaterAvorks  for  one  year  are  hereby  established:  For  residences 
occupied  by  one  family  only — house  Avith  four  rooms  or  less,  five 
dollars  ; house  Avith  five  or  six  rooms,  six  dollars  ; house  Avith 
seven  or  eight  rooms,  seven  dollars;  house  Avith  nine  or  ten 
rooms,  eight  dollai’s  ; house  Avith  eleven  or  tAvelve  rooms,  nine 
dollars  ; house  Avith  thirteen  or  fourteen  rooms,  ten  dolhirs  ; house 
Avith  fifteen  or  sixteen  rooms,  eleven  dollars  ; house  Avith  seventeen 
or  eighteen  rooms,  tAvelve  dollars  ; house  Avith  nineteen  or  tAventy 
rooms,  thirteen  dollars;  houses  Avith  more  rooms,  to  be  assessed 


W A'r El! W( ) 1! K S DEI 'AH'riMENT . 


at  the  same  rate.  Hotels,  boardiiig-housos,  and  tenements  occu-  n otels,  etc. 

pied  by  more  than  one  family,  or  for  ,slee})ing-roonis,  one  dollar 

and  fifty  cents  per  room:  Provided^  no  license  shall  be  issued 

for  said  hotel,  hoarding-house,  or  tenement,  for  a less  sum  than  at 

the  rate  of  ten  dollars  per  annum.  Bath,  priyate  (with  heating  i?atbs. 

apparatus),  fiye  dollars  ; without  lieating  apparatus,  three  dollars  ; 

public  baths,  fifteen  dollars  ; plugs  or  hose  for  washing  windows  nugs  for  wash- 

^ ^ ^ ^ windows, 

and  sidewalks,  for  a front  of  twenty-fiye  feet  or  less,  fiye  dollars,  etc. 

and  at  the  same  rate  for  a greater  number  of  front  feet : Pro- 

vided^  that  no  license  for  bath  or  hose  shall  be  issued  for  less 

than  twelye  months.  Water-closets,  priyate,  fiye  dollars  ; public  water-ciosets. 

closets,  ten  dollars.  For  eacli  barrel  of  beer  brewed,  fiye  cents  j Beer  ; liquor. 

for  each  barrel  of  liquor  distilled,  ten  cents  ; for  each  barrel  of  wiusky,  recti- 

1 . . . tying. 

Avhisky  rectified,  three  cents;  for  each  barrel  of  yinegar  made,  vinegar,  mak- 

fiye  cents  ; for  each  barrel  of  camphene,  spirit-gas,  or  alcohol  manufacturing. 

manufactured,  ten  cents  ; eacli  barrel  washed,  fiye  cents.  The  washing. 

data  of  the  last  seyen  enumerated  clauses  to  be  on  the  oath  of 

the  applicant  as  to  the  number  of  barrels  brewed,  distilled, 

rectified,  manufactured,  or  washed  during  the  twelye  months 

preceding  the  issue  of  license  under  this  ordinance.  When  the 

applicant  is  commencing  business  he  shall  state  the  probable 

amount  he  intends  to  manufacture.  For  each  dyer  and  scoui-er.  Dyer  ami  scour- 

not  less  than  twenty-fiye  dollars  nor  more  than  one  hundred 

dollars  ; for  each  hat  nianiifacturer,  not  less  than  thirty  dollars  natter. 

nor  more  than  one  hundred  dollars  ; for  each  horse  kept  by  a Horses. 

priyate  person,  three  dollars  ; for  each  sale  or  liyery  stable,  two 

dollars  per  stall  ; and  for  eyery  carriage,  whether  kept  for  hire  or  Carriages.  ' 

by  the  month,  two  dollars,  and,  whei’e  a hose  is  attached,  not  less  nose  for  stahies. 

than  fifty  dollars  for  said  hose ; for  each  bakery,  not  less  than  Bakery, 

ten  dollars  nor  more  than  fifty  dollars  for  each  oyen ; for  each  Confectionery. 

confectionery  or  candy  manufactory,  not  less  than  fifteen  dollars 

nor  more  than  seyenty-fiye  dollars;  for  each  soap-a!id-candle  ami  camiie 

manufactory,  not  less  than  one  hundred  dollars  nor  more  than  one 

thousand  dollars  ; for  each  porter,  ale,  or  wine  cellar,  not  less  Aie  ami  wine 

^ . . cellars. 

than  twenty  dollars  nor  more  than  fifty  dollars  ; for  each  sugar  sugar  refinery, 
refinery,  not  less  than  three  hundred  dollars  nor  more  than  three 
thousand  dollars  ; for  each  laboratoi-y,  not  less  than  twenty  dollars  Laboratory, 
nor  more  than  two  hundred  dollars  ; for  each  dramshop  or  restan-  Dram-sbop  or 
rant,  not  less  than  tAvent^^-fiye  dollars  nor  more  than  one  hundred 


WATERWORKS  DEPARTMENT. 


G86 

Beer-house. 
Tobacco  factory. 

Sprinkling  gar- 
clen.s. 


Fountains. 


Gasworks. 

Book-binderies. 

Stock-yards. 

Packing-house. 

Slaughter-house 

Washing  meat. 

Barber-shops. 

Tanneries. 

Brick-yards. 

Blacksmiths. 

Cows. 

Stores,  etc. 
Laundries. 

Soda  factory. 

Starch  factory. 

Malting. 

Plastering,  ma- 
sonry 

Bricklaying. 


Sprinkling 

streets. 


dollars  ; for  each  beer-house,  not  less  than  twenty  dollars  nor  more 
than  fifty  dollars ; for  each  tobacco  factory,  for  each  person 
employed  therein,  two  dollars,  provided  that  no  license  shall  be 
issued  for  less  than  fifteen  dolhirs.  The  use  of'  water  for  sprink- 
ling private  gardens,  with  hose,  for  six  months,  not  less  than  five 
nor  more  than  fifty  dollars  ; for  sprinkling  public  gardens,  or 
those  used  for  profit  or  gain,  not  less  than  twenty  dollars  nor  more 
than  one  hundred  and  fifty  dollars  ; for  each  fountain  in  a yard, 
not  less  than  twenty-five  dollars  nor  more  than  one  hundred  and 
fifty  dollars  for  six  months,  provided  that  no  fountain  attach- 
ment shall  be  greater  than  half  an  inch,  and  no  fountain  shall 
play  more  than  four  hours  per  day;  for  St.  Louis  gasworks,  not 
less  than  five  hundred  nor  more  than  two  thousand  dollars  ; for 
each  book-bindery,  not  less  than  ten  dollars  ; for  each  stock-yard, 
not  less  than  twenty-five  dolhirs  nor  more  than  five  hundred  dol- 
lars ; for  each  packing-house,  not  less  than  forty  dollars  nor  more 
than  five  hundred  dollars  ; for  each  slaughter-house,  not  less  than 
twenty-five  nor  more  than  five  hundred  dollars  ; [for]  washing 
meat,  not  less  than  fifty  nor  more  than  five  hundred  dollars  ; bar- 
bers’ shops,  for  one  chair,  ten  dollars,  and  for  each  additional 
chair,  three  dollars  ; tanneries,  six  dollars  for  each  vat,  provided 
no  license  shall  be  issued  for  less  than  twenty-five  dollars  ; brick- 
yards, for  each  gang  of  hands,  twenty  dollars  ; blacksmith-shop, 
per  fire,  three  dolhirs  ; cow-stables,  one  dollar  for  each  cow  ; 
stores,  shops,  and  offices,  not  less  than  five  dollars  nor  more  than 
thirty  dollars  ; for  each  laundry,  not  less  than  twenty  dollars  nor 
more  than  three  hundred  dollars  ; for  each  soda- factory,  not  less 
than  forty  dollars  nor  more  than  three  hundred  dolhirs  ; for  each 
starch- factory,  not  less  than  fifty  dollars  nor  more  than  two  hun- 
dred dollars  ; for  malting,  one  cent  per  bushel ; for  every  sipiare 
yard  of  plastering,  one-half  cent ; for  each  perch  of  stone 
masonry,  five  cents  ; for  every  thousand  of  brick  laid  in  Avail, 
ten  cents.  The  register  of  Avater-rates  shall  require  nnj  ])erson 
applying  for  a license  for  building  })urposes  to  furnish  him  a 
statement  of  the  amount  and  kind  of  Avork  to  be  done,  Avhich 
shall  Ije  SAVorn  to,  and  Avhich  statement  shall  be  ke])t  in  a ))ook 
to  be  provided  for  that  ])urpose  by  said  register.  Eor  s])rinkling 
streets  there  shall  l)e  charged  fifteen  dollars  for  that  portion  of 
a street  embraced  betAveen  tAvo  cross-streets,  ami  shall  date  from 


WATEUWOUKS  DErAliTMENT. 


mi 


the  first  of  March,  and  bo  for  not  less  than  one  year  ; and  any 
person  holding  such  license  shall  be  compelled  to  put  his  own 
attachment  and  keep  the  same  in  ordei'  and  free  from  waste  , and 
a failure  to  do  so  shall  create  a forfeiture  of  such  licenses.  For  steam  i.oiu*r=.. 
steam-boilers,  a water-rate  not  less  than  forty  cents  per  scpiare 
foot  of  fire-surface  shall  be  charged  ; the  fire-surface  to  be  com- 
puted l)y  the  area  of  the  boiler  and  fines  exposed  to  the  fire  (this 
rate  shall  apply  only  to  boilers  used  during  the  night  as  well  as 
day,  and  a pi-oportionate  deduction  shall  be  made  by  the  register 
of  water-rates  on  such  as  are  used  only  a portion  of  time)  ; a 
statement  to  be  made  by  the  applicant  of  the  construction  and 
use  of  said  boilers,  and  filed  in  the  office:  Frovided hoicdvtr^ 
that  no  such  license  shall  be  issued  for  less  than  twenty-five 
dollars;  and  provided,  farther^  that  no  charge  shall  be  made 
for  hands  working  in  founderies,  machine-shops,  iron-works, 
rolling-mills,  nail-works,  printing-offices,  cotton,  hemp,  rope, 
or  baorsino;  factories,  and  all  other  manufacturing  establishments 
Avhere  no  extra  quantity  of  water  is  used,  where  a boder  license 
is  paid  by  said  establishment  for  the  use  of  water  for  the  same. 
Billiard-saloons,  three  dollars  per  table.  The  register  of  water-  uiiiiani  saloons, 
rates  shall  have  power  to  ascertain  l)y  meters  the  (uiantity  of  R<gister  may 

^ motors. 

water  used  in  any  case;  and  any  persons,  proprietors  of  hotels, 
boarding-houses,  distilleries,  Itreweries,  manufactories,  or  other 
})ersons  using  a large  (piantity  of  water,  shall  also  have  power 
to  place  within  their  premises,  at  their  own  ex})ense,  sufiicient 
Avater-meters,  to  be  ap])roved  by  the  register,  for  the  purpose 
of  measuring  the  quantity  of  Avater  used  by  them  respectively; 
but  all  such  meters  shall  be  under  the  su})ervision,  and  at  all 
times  subject  to  the  examination,  of  the  inspector  of  hydrants. 

In  all  cases  Avhere  such  meters  are  used,  the  persons  taking  out 
license  shall  be  charged  the  folloAving  i-ates,  on  the  avei’age 
estimated  quantity  of  Avater  used  during  the  year,  the  year  to 
be  estimated  three  hundred  days : When  the  (luantity  used  icuos  for  water 

It/  wliere  meier  is 

averages  five  hundreil  gallons  per  day,  or  less,  at  the  rate  of 
six  cents  per  one  hundred  gallons  ; Avhen  the  (piantity  averages 
from  five  hundred  to  one  thousand  gallons  per  day,  at  the  rate 
of  five  and  two- third  cents  per  one  hundi-ed  gallons  ; Avhen  the 
quantity  averages  from  one  thousand  to  tAvo  thousand  gallons  per 
day,  at  the  rate  of  five  and  one-third  cents  per  one  hundred 


WATERWORKS  DEPARTMENT. 


(►88 


Gallons  ; wlion  the  quantity  averages  from  two  thousand  to  tliree 
thousand  gallons  per  day,  at  the  rate  of  five  cents  per  one  hundred 
gallons  ; when  the  quantity  averages  from  three  thousand  to  four 
thousand  gallons  per  day,  at  the  rate  of  four  and  two- thirds  cents 
per  one  hundred  gallons  ; when  the  (piantity  averages  from  four 
to  five  thousand  gallons  per  day,  at  the  rate  of  four  and  one- third 
cents  per  one  hundred  gallons  ; when  the  (piantity  averages  from 
five  thousand  to  six  thousand  gallons  per  day,  at  the  rate  of  four 
cents  per  one  hundred  gallons  ; when  the  quantity  averages  from 
six  thousand  to  seven  thousand  gallons  per  day,  at  the  rate  of 
three  and  two- thirds  cents  per  one  hundred  gallons;  when  the 
(piantity  averages  from  seven  thousand  to  eight  thousand  gallons 
per  day,  at  the  rate  of  three  and  one- third  cents  per  one  hundred 
gallons  ; when  the  quantity  averages  from  eight  thousand  to  ten 
thousand  gallons  per  day,  at  the  rate  of  three  cents  per  one 
hundred  gallons  ; when  the  quantity  used  exceeds  ten  thousand 
gallons  per  day,  the  price  shall  be  fixed  by  the  register  of  water- 
rates  ; but  in  no  case  at  less  than  two  cents  per  one  hundred 
gallons.  Where  a constant  stream  is  to  be  supplied,  the  license 
shall  be  fixed  liy  the  register  in  accordance  with  the  preceding 
rates  per  one  hundred  gallons. 

Water  obtained  Seg.  7.  Water  used  for  the  puniose  of  rectifying  or  reducing 

by  condensing  _ . ^ ^ . ./  o o 

steam  to  be  paid  liq^Qvs^  manufacturing  camphene,  spirit-gas,  and  alcohol,  or  for 
any  other  purpose,  shall  be  paid  for  at  the  established  rate, 
whether  it  be  obtained  directly  from  the  ivaterworks,  or  from  the 
condensed  steam  of  boilers  fed  with  water  from  the  ivaterworks, 
and  the  license  for  water  for  such  boilers  shall  not  warrant  any 
secondary  use  of  the  water  for  the  purpose  above  mentioned; 

Water  from  gut-  aiul  foi’  all  buildiiigs  ei’ected  when  the  hvdrant  water  from  street 

ters  to  be  paid  . it  i t i • i i i i 

for.  gutters  IS  used,  the  regular  license  shall  be  paid  as  though  tiie 

water  was  taken  direct  from  the  waterworks. 

Water-rates  not  Sec.  8.  For  the  use  of  water  for  any  purpose  not  herein 

specially  desig-  • r-  n i i i i i 

nated  Specifically  designated  not  less  than  ten  nor  more  than  one 

thousand  dollars  shall  lie  charged,  the  same  to  be  fixed  by  the 
register  of  water-rates.  All  the  rates  established  for  ivater 
licenses  for  various  trades  and  purposes  exclusively,  and  exclu- 
sive of  rates  chargeable  for  the  boilers  of  steain-engines  used 
on  the  premises  and  for  the  family  use  of  the  iiroprietor ; and 
when  a hotel  has  public  baths,  laundry,  bakeries,  etc.,  attached 


WATEUW(  )11K  S 1 )ErA  HTMENT. 

to  it,  license  sliall  be  taken  out  both  for  the  hotel  and  otlier 
purposes. 

Sec.  lb  The  register  of  water-rates  shall  in  no  case  issue  a 
license  to  any  one  for  the  use  of  water  until  he  shall  have  ascer- 
tained from  actual  inspection,  or  from  report  to  him  by  an 
inspector  of  hydrants,  that  the  hydrant  is  so  inclosed  as  to 
prevent  persons  having  no  license  from  using  water  therefrom 
without  the  knowledge  of  the  person  to  Avhom  license  is  granted  ; 
and  the  register  shall  cause  the  water  to  be  shut  oft‘  from  all 
hydrants  which  are  not  inclosed  in  conformity  of  the  provisions 
of  this  ordinance ; and  no  license  shall  be  issued  on  any  hydrant 
located  in  any  public  place,  street,  or  alley ; and  all  ordinances 
granting  licenses  free  of  cost  are  hereby  repealed. 

Sec.  10.  The  register  of  water-rates  shall  in  no  case  grant 
license  to  persons  occupying  difterent  tenements  to  use  water 
from  the  same  hydrant. 

Sec.  11.  The  license  in  every  instance  where  families  are 
not  mentioned  as  included  in  this  ordinance  shall  be  issued  for 
one  purpose  only,  and  in  no  other  case  shall  families  be  included 
with  other  objects  of  license. 

Sec.  12.  A license  may  be  issued  to  the  oAvner  or  occupant  of 
any  store,  shop,  or  office,  that  is  connected  with  the  dwelling,  for 
the  use  of  water  from  any  hydrant  in  the  neigliborhood,  when 
the  owner  of  such  hydrant  shall  give  written  permission  to  the 
same;  Avhich  permit  shall  be  filed  in  the  office  of  the  register  of 
water-rates. 

Sec.  18.  Persons  residing  beyond  where  the  pipe  is  laid  may 
obtain  a license  for  the  use  of  the  water  upon  producing  the 
written  permission  of  the  owner  of  the  hydrant  from  Avhicli  they 
desire  water  to  do  so  ; Avhich  permit  shall  be  filed  in  the  office 
of  the  register  of  water-rates. 

Sec.  14.  In  addition  to  the  powers  conferred  ])y  this  ordinance 
on  the  register  of  water-rates,  lie  is  hereby  authorized  to  Avith- 
hold  a license  for  the  use  of  Avater  from  the  AvaterAvorks  for  any 
specified  purpose,  Avhenever  in  his  opinion  such  license  can  not 
be  granted  Avithout  the  liability  and  likelihood  of  the  Avater  being 
used  for  other  purposes  than  for  Avhich  the  license  is  taken. 

Sec.  15.  In  all  such  cases  as  those  mentioned  in  the  previous 
section  the  register  of  water-rates  is  authorized  to  reipiire  the 


IlyiJraiits  to  bo 
properly  in- 
closed. 


Persons  in  dif- 
ferent tene- 
nients  not  to  use 
water  from 
same  hydrant. 

License  to  be 
for  one  purpose 
only. 


AA'hen  license 
may  be  obtained 
to  use  water  in 
neighborhood. 


Uow  water  may 
be  obtained 
when  no  pipe  is 
laid. 


Register  may 
withhold  li- 
cense, when. 


May  require  li- 
cense to  be  tak- 
en out  for  other 
purpose. 


W ATERWORK  S DEPARTMENT . 


()40 

applicant  to  take  out  license  for  the  use  of  Avater  for  all  the 
purposes  for  which  it  is  exposed  to  he  taken ; and,  unless  he 
Avill  do  this,  to  refuse  him  a license  for  the  use  of  the  water 
for  any  other  purpose. 

Power  of  regis-  Sec.  16.  It'  a liccuse  sliall  hereafter  be  issued  for  the  use  of 

ter  wlien  water 

is  use<i  for  dif-  water  froui  any  hydrant,  and,  after  such  license  is  issue<l  and 

ferent  purpose 

than  stated.  (hiring  the  term  for  Avliich  it  is  issued,  the  register  of  Avater- 
rates  shall  become  satisfied  that  the  AA’ater  from  such  hydrant 
is  used  or  exposed  to  he  used  for  purposes  not  contemplated 
by  the  license  issued,  he  may  require  the  person  to  A\diom  such 
license  Avas  issued  either  to  take  out  a license  for  the  use  of  the 
AAmter  for  the  purposes  for  Avhich  the  register  shall  believe  it  is 
actually  used  or  exposed  to  be  used ; and,  in  default  of  such 
license  being  taken  out,  the  register  is  authorized  to  revoke  the 
license  actually  issued  and  stop  off  the  Avater  from  such  hydrant ; 
hut  in  all  cases  he  shall  refund  a rateable  portion  of  the  tax  paid 
for  such  license. 

Penalty  for  Sec.  17.  Whenever  the  Superintendent  of  the  Avateiuvorks  orders 

using  water  af-  _ 

ter  order  to  cut  the  Avuter  to  he  Stopped  off  on  any  premises,  either  of  his  oaaui 
accord  or  at  the  requisition  of  the  register  of  Avater-rates,  and 
shall  find  the  same  let  on  again  Avithout  his  permission  or  that 
of  the  register  aforesaid  so  to  do,  the  register  shall  immediately 
cause  the  connection  to  be  cut  off;  and  any  person  using  the 
Avater  from  any  hydrant  or  pipe  after  such  order  as  aforesaid 
shall  be  punished  for  such  offense  by  a fine  of  not  less  than  ten 
dollars  nor  more  than  fifty  dollars. 

Kegister  may  Sec.  18.  The  register  of  Avater-rates*  may  reciuire  of  each 

require  state-  _ ^ 7 * ^ i • e 

ment  under  oath,  applicant  foi*  Water  liceiise  a statement  under  oath  at  the  time  of 
application. 

No  license  to  be  Sec.  19.  Hereafter  the  register  of  Avater-rates  shall  issue  no 

issued  for  preni-  r*  i e e i"  i 

ises  on  which  licoiises  for  the  use  of  Avater  rrom  the  AvaterAvorks  on  any  premises 

piOd.  upon  Avhicli  taxes  due  the  city  tor  any  year  or  years  previous 

to  the  year  eighteen  Imndred  and  sixty-four  f remain  unpaid, 
Avhenever  he  shall  be  notified  in  Aviating  by  the  S})ecial  tax 
attorney  that  such  property  is  delimpient  and  that  the  owner 

* Tlie  words  ‘"or  the  collectors”  are  i-epealed  by  ordinance  No.  .">481, 
ajiproved  Jiinnary  12,  IHGo, 

f Tlie  word  “sixty-one,”  in  tlie  original  ordiinmce,  is  changetl  to 
“sixty-tour”  b}^  ordinance  No.  5(528,  appi’oved  d nly  20,  18(55. 


WATERWOKKS  DEPARTMENT. 


641 


or  agent  thereof  lias  neglected  or  refused  to  pay  said  taxes  after 
demand  made  therefor  by  said  attorney. 

Sec.  I20.  The  mayor  is  authorized,  for  good  cause  shown,  to  Mayor  may  sot 

...  1 • A-  • 1 • o prohibi- 

set  aside  the  prohibition  upon  the  register  of  water-rates  con-  tion. 
tallied  in  the  foregoing  section,  and  to  direct  the  issuing  of  water 
licenses  in  such  cases  on  such  terms  as  he  may  deem  just  and 
proper.  ' 

Se('.  21.  It  shall  be  the  duty  of  the  mayor,  if  at  any  time  he  Mayor  may  iii- 
is  credibly  informed  or  otherwise  has  reason  to  belieye  that  the  ness  of  register, 
register  is  engaged  in  any  business  which  interferes  with  the  dis- 
charge of  his  official  duties,  to  incpiire  into  the  truth  of  such 
information  or  belief;  and  if,  in  the  iiidgment  of  the  mayor,  the  P'o.ceodings,  if 
register  of  water-rates  shall  be  so  engaged  in  business  which 
interferes  with  the  discharge  of  official  duties,  tlie  mayor  shall 
notify  such  register  that  if  such  business  be  not  forthwith  laid 
aside  he  will  be  dismissed  from  office  ; and  if  such  business  be 
not  forthwith  laid  aside,  or  if,  being  laid  aside,  it  be  afterwards 
resumed,  or  if  the  same  officer,  who  had  been  once  thus  notified, 
shall  afterwards  engage  in  any  other  business  or  ayocation  inter- 
fering with  the  discharge  of  his  duties,  it  shall  lie  the  duty  of 
the  mayor  forthwith  to  dismiss  such  register  from  office.  The 
mayor  is  further  empowered  to  siisjiend  or  remoye  said  officer  at 
})leasure,  if  in  his  opinion  the  interest  of  the  city  demands  it, 
and  to  appoint  some  other  person  in  his  place  for  the  unexpired 
portion  of  his  term  of  office  ; but  no  such  dismissal  shall  affect 
the  recourse  of  the  city  against  such  dismissed  register  and  the 
sureties  on  his  bond. 

Sec.  22.  The  register  of  water-rates,  mid  inspectors  of  offlcors  of  wii- 

~ *■  ^ tervvorks  may 

hydrants,  and  such  other  persons  as  are  enpiloyed  by  the  office,  ''“-los- 
shall  be  authorized,  in  the  discharge  of  their  duties,  to  enter  and 
haye  free  access  at  all  reasonable  hours  to  any  jiremises  when 
it  may  be  necessary  to  ascertain  the  location  or  condition  of  a 
hydrant-pipe  or  other  fixture  attached  to  the  waterworks,  or  to 
shut  off  or  let  on  water  from  or  to  any  hydraiit-pijie  or  other 
attachment,  or  for  any  other  purpose  that  may  be  deemed  essen- 
tial for  the  preseryation  of  the  w'orks  or  to  protect  the  reyenue 
of  the  city  deriyed  from  the  same. 

Sec.  26.  A record  of  all  water  licenses  issued  shall  lie  made  Room  a of  water 
and  kejit  by  the  register  of  water-rates,  in  books,  entering  the 
41 


fi42 


WATEliWOllKS  DEPAIiTMENT. 


Att.achmf'nts  to 
he  rc'po’tod  to 
register. 


Penalty. 


Penalty  for  vio- 
lating ihi.s  onii- 
iiaiice. 


Penalty  a.gainst 
plumbers. 


Ordinance  sub- 
.iect  to  ordinance 


Tianies  of  the  persons  to  whom  a license  is  issued,  the  price  paid 
therefor,  the  location  of  the  hydrant,  the  purpose  and'  length  of 
time  for  which  it  is  granted,  when  granted,  and  the  time  of  the 
expiration  of  said  license.  No  license  shall  he  granted  without 
the  number  thereof  being  first  entered  in  red  ink  on  the  margin 
of  the  book  of  licenses,  opposite  the  part  from  which  said  license 
is  detached,  which  number  shall  correspond  with  the  number 
marked  and  written  on  the  license  issued. 

Sec.  24.  All  attachments  and  alterations,  as  well  as  the  pur- 
poses for  which  the  water  is  to  be  used,  with  the  location  of  said 
attachments  and  alterations,  shall  be  reported  to  the  register  of 
Avater-rates  b}'  the  plumber  making  the  same  AAnthin  three  days 
from  the  making  of  such  attachment,  under  a penalty  of  not  less 
than  ten  dollars  for  every  omission  ; and  no  Avater  shall  be  let  on 
until  such  report  is  made. 

Sec.  25.  For  an}' violation  of  the  provisions  of  this  ordinance 
for  Avhich  a specific  penalty  is  not  hereinbefore  provided  the 
offender  shall  be  liable  to  a fine  of  not  less  than  three  nor  more 
than  one  hundred  dollars,  to  l)c  recovered  before  the  recorder  as 
in  other  cases  of  violations  of  oi-di’nance.  xVnd  if  a licensed 
plumber  shall  be  guilty  of  a })reach  of  any  of  the  provisions  of 
this  ordinance  his  license  shall  be  revoked  by  the  su])erintendent 
upon  notification  from  the  register  of  Avater-rates  ; and  none  but 
licensed  plumbers  shall  make  any  repairs  or  altei’ations  to  Avater- 
pipes  attached  to  buildings  Avhere  the  Avater  from  the  AvaterAvorlcs 
is  used,  under  the  penalties  hereinbefore  prescribed. 

Sec.  2().  This  ordiiiance  shall  take  effect,  subject  to  the 
provisions  of  ordinance  numl)er  five  thousand  three  hundred 
and  thirty-nine  (5Bb9),  entitled  “An  ordinance  to  establish 
and  regulate  the  board  of  Avater  commissioners,  ” approved 
June  23,  1804. 

Approved,  August  25,  1804. 


WOKKiroUSK. 


• (No.  5407.) 


WO  R K 11  OUSE. 


AN  ORDINANCE  IN  EELA1 


Audifor,  siiiXM-iiitcMHlenl  to  file 

(liiplieate  receipts  witli., ^ 33 

for  piireliiises,  to  be  i-epoi't- 

ed  to  board  of  managers 28 

board  of  managers  to  audit 28 

bow  paid 28 

Hoard  of  numagevi^,  superintend- 
ent to  see  to  work  directed 


sniierintendent  to  repoi-t  to..2,  3,  4 
superintendent  to  keep  inin- 


liow  elected 5 

jiresident  of. 5 

mayor  to  lie  member  of 5 

duties  of. o,  7,  S 

(ptoruin  of. 0 

may  hear  and  reined}^  eoin- 

jilaints  of  prisoners 7 

to  rejiort  to  common  council...  8 
to  tix  extra  pay  of  prisoners...  II 
to  control  suixu’intendent  in 

j)unisbin.j  prisoners 12 

to  legulate  diet  of  prisoners...  21 
to  fix  rat(‘  of  board  of  guards  21 
Hoarding,  of  guai'ds.  bow  i’at(* 

of  I'ixed 24 

of  prisoners,  i-ate  of 9 

(h7  ondelet.,  mayor  of.  may  com- 
mit to  workbouse 34 

dify  to  pay  (*ertain  costs  to  city 


City  officers,  antliori/ed  to  arri'st 

escaped  prisoiu'rs 29 

Clerk  of  workhouse,  siipi'rintend- 

eni:  to  perform  dnt/  of 3 

Clothing,  to  be  furni  she'd  to 

])risoners 31 

Coimnon  council,  to  elect  board 

of  managers ;....  o 

sup(wint('nd('nt  to  i-ejiort  to....  2G 
(knn.pt amt  of  prisoners,  board  ot 

manag('rs  to  hear 7 

Cost  of  boarding  prisoners,  wlien 

Carond('let  to  jiay 3(5 


Diet  of  prisoners,  who  to  re'jjfu- 

late 21 

Escaping,  persons  assisting  pris- 
oners in,  maybe  arresti'd...  30 

pc'nalty  for  assisting  prisoner 

in 30 

Execution,  marshal  to  credit 
money  paid  on 9 


ION  TO  THE  WORKHOUSE. 


Expenditures,  superintendent  to 

keep  account  of. ^ 3 

supeianteiKb'nt  to  report  to 

common  council 26 

Extra  pay  of  prisoyiers,  who  to 

regulate 11 

Food,  iirisoners  to  have  sutti-  4 

cieut 4 

Gate-keeper,  (pialitication  and 

duties  ot 3 

Guards,  superintendent  to  man- 

Jige 2 

bow  appointeel 22 

may  be  discbai-ged 22 

duties  of. 22 

lienalty  for  violation  of  duty 

of..  ; .7  23 

suix'rintendent  to  board 24 

rate  of  board  of,  bow  lixed.,..  24 
Health,  officer,  may  direct  lights 

to  b(‘  allowi'd 16 

duties  of.  at  workbouse 20,  21 

Hospital  (city),  siidv  jirisoners  to 

b(i  conv(*yed  to 20 

Intercourse  with  prisoners,  r(*gu- 

lat(‘d IS 

Jja.borof  prisoners,  rat(*  of  jiay  for  17 
board  of  managers  to  pri*- 

sci-ibe o 

Lights,  ^^■ben  to  be  extingulsbed  16 
to  be  allowi'd  iirisoners,  wIk'ii  16 
Marshal  (city),  (luty  of,  in  com- 
mitting prisoiK'rs 9 

Mayor,  nu'mber  of  board  of  man- 

ag(*rs 5 

of  ( -ai'ondetet,  may  commit 

pi’isoners  to  workliousi' 31 

Medicines,  to  be  furnished  sick 

prisoners 20 

cost  of,  to  be  allowed 20 

Officers,  city  {see  city  officers). 

()fficers  of  w'orkbouse,  board  of 

manag('i‘s  to  supervise o 

may  arrest  e(*rtain  persons 30 

not  to  .sell  to  or  trade  with 

prisoners 32 

Ordinances,  board  of  managers 

to  s(*e  (*x('(;uted '> 

Penalties  against  c(^rtaln  of- 
fenses...  23,  30 

President  of  board  of  managers  5 
Prisoners,  s u p e r i n t e n d (;  n t to 

manage 2 


(U4 


WORKHOUSE. 


W orhhoiiso, 
caied. 


Prisoners , siiperint(‘ndent  to  keep 

account  of § 3 

siiperiutoiidciitto  keep  account 

of  work  of. 3 

superintendent  to  note  when 

time  of  is  out 3 

to  have  snfHcient  food 4 

apartments  of,  how  to  ])e  kept  4 
labor  of,  board  of  managers  to 

prescribe 5 

board  of  managers  to  bear  and 

remedy  complaint  of. 7 

boardinti’  of,  rate  of. 9 

to  be  divested  of  [irticles  of 

value 10 

bow  to  be  employed 11 

to  be  allowed  extra  pay 11 

bow  treated  when  refractory...  12 

may  be  i)nt  in  irons,  when 12 

escaping-,  to  forfeit  time 

worked 14 

not  to  be  credited  when  in  soli- 
tary coiibnement 15 

sick,  to  be  allowed  time 15 

to  be  allowed  time  in  inclem- 
ent weather 15 

to  be  conbned  after  sunset 16 

may  be  discharged  on  paying 

bne  and  costs " 17 

rate  allowed  for  work  of. 17 

intercourse  with,  regulated...  18 
male  and  female,  black  and 

white,  bow  kept 19 

sick,  to  receive  medicine  and 

nursing 20 

may  be  conveyed  to  city  hos- 
pital  * 20 

to  woi-k  out  time,  when 20 

diet  of,  who  to  regnlab* 21 

to  be  furnished  clothing 21 

may  b(*  committed  from  Caron- 

delet 33 

from  (Jarondelet,  bow  treated  34 
from  Cai-ondelet,  Carondelet 

to  pay  cost  of. 36 

rescuing,  i)enalty  for 30 

Receipts,  supei-intendent  to  keep 

account  of. 30 

of  workhouse,  superintendeut 

to  i-eport 26 

Refractory  prisoners,  bow  treat- 
ed....'  12 

Report  of  superintendent  to  com- 
mon council 26 


Rescuing  prisoners,  penalty  foi'...^  30 
super! nbuident  m a y a" r r e s t 

l)arties  for 30 

Rules  a,nd  regulations,  board  of 

managei'S  to  make 5 

to  be  printed  and  posted 5 

Superintendent  of  workhouse,  pro- 
visions concerning 2 — 35 

when  ai)i)ointed 2 

term  of  office 2 

duties  of. 2 — 35 

to  manage  guards 2 

duties  of  clerk  to  be  performed 

by  or  under 3 

board  of  managers  may  bear 
complaint  of  prisoners 

against 7 

powers  of,  over  refractor}- 

pi-isoners 12 

board  of  managers  to  control, 

in  punishing  prisoners 12 

duty  of,  oil  escape  of  prisoner  13 

to  notify  health  officer  of  sick 


])rison(‘rs 20 

shall  appoint  gu  irds 22 

to  board  guards 24 

bow  to  work  prisoners 25 

to  pay  amount  received  for 

work  into  treasury 25 

to  repoi’t  to  common  coun(*il...  26 

may  sell  certain  articles 27 

power  of,  to  guard  work- 
house, etc 29 

may  arrest  certain  ])ersons 30 

not  to  sell  or  trade  with 

])risoners 32 

to  pay  moneys  to  treasurer 33 

to  tile  du])licate  receipt  with 

auditor 34 

to  receive  prisoners  committed 

from  Caroiuk'let 35 

how  to  treat  prisoners 35 

Treasurer  (city),  superintendent 

to  pay  moneys  to 33 

Trespassing  on  workhouse 30 

Work,  rate  allowed  for 17 

amount  of,  to  be  placed  to 

credit  of  fund 25 

Workhouse,  what  to  (Mubrace 1 

sui)eriut(Mident  of 2 

clerk  of 3 

board  of  managers  of 5 

Workhouse  fund,  work  to  be 

placed  to  credit  of 25 


Bv  it  ordained  hij  the  Conitnoti  Coancit  of  tt\e  Ctty  of  St. 
Louis  : 

lo-  Section  1.  Tlic  liouses,  iticlosures,  ami  fixtures  erected  on 
that  portion  of  tlie  northeast  (piarter  of  block  nuinher  eig’htv-fivc 
in  the  city  coinmons  which  lies  between  defl'erson  avenue  and  the 


WOJIKIIOUSE. 


inacadainizeil  Caroiulelet  road,  be  and  tliey  arc  hereby  declared 
to  be  the  ‘‘  Workhouse  ot*  the  City  of  St.  Louis,”  and  shall  be 
so  known  and  designated. 

Sec.  "2.  A superintendent  of  the  Avorkliouse  shall  be  appointed 
on  or  l)efore  the  tliird  Monday  in  December  of  each  year,  who 
shall  enter  upon  the  discharge  of  his  duties  on  the  first  of 
January  following ; he  shall  hold  his  office  for  one  year  and 
until  liis  successor  is  appointed  and  qualified,  and  his  duties 
shall  be  : 

First — To  reside  in  the  tenement  erected  for  his  residence 
within  the  workhouse  inclosure,  and  to  have  the  care  and  custody 
of  the  workhouse,  and  the  grounds,  inclosures,  fixtures,  appur- 
tenances, and  tools,  and  all  property  pertaining  thereto,  and  of 
all  persons  confined  therein,  and  daily  to  visit  all  apartments 
thereof,  and  see  if  the  same  is  properly  cleansed  and  in  good 
order. 

Second — To  attend  to  the  management  of  the  prisoners  and 
guards  ; to  see,  personally,  tliat  the  pi-isoners  are  employed  at 
the  places  and  at  the  work  directed  by  the  board  of  managers  ; 
to  see,  personally,  that  the  guards  do  their  duty ; to  attend  to  the 
safe-keeping  of  the  prisoners  ; to  see  that  the  p]‘isoners  arc  prop- 
erly lodged  and  fed  ; and  to  report  to  the  board  of  managers,  at 
the  end  of  each  month,  the  amount  and  desciaption  of  Avork  done 
by  the  prisoners,  the  condition  of  the  property  of  the  city  con- 
nected AAdth  the  Avorkhouse,  and  such  other  facts  as  may  be 
required  by  the  board  of  managers. 

Third — To  deliver  to  his  successor  in  office  all  prisoners  con- 
fined in  the  workhouse  and  all  ])roperty  of  the  city  connected 
thereAvith. 

Sec.  8.  The  duties  of  the  clerk  of  the  workhouse  shall  be 
performed  by  or  under  the  direction  of  the  siq)crintendent ; and 
the  gate-keeper  of  the  workhouse  shall  assist  the  superintendent 
in  keeping  the  books,  and  no  person  to  be  appointed  gate-kee})ei‘ 
that  is  not  competent  to  the  task. 

First — Also,  the  superintendent  shall  receive  all  ])ersons  com- 
mitted to  the  Avorkhouse  by  the  city  marshal,  and  register,  in  a 
book  to  be  kept  for  that  ])urpose,  the  name,  age,  hight,  color, 
j)lace  of  birth,  ANdiether  l)ond  or  free,  of  each  prisoner  received, 
and  such  other  facts  as  may  be  necessary,  and  the  number  of 


Superintendent, 
wlieii  <ippointed. 


Duties  of. 


To  be  custodian 
of  workhouse. 


To  luanaae  pris- 
oners and 
guards. 


To  roi)ort  to 
managers. 


To  deliver  prop- 
erty to  his  suc- 


Clerk  of  work- 
house;  duties 
of. 


Further  duties 
of  superuitend- 
ent 

To  ri'ceivi'  i)ris- 
oners  and  keep 
record  of  lliem. 


WOKKirOUSE. 


times  said  prisoner  lias  been  committed  ; he  shall  also  keep  an 
accurate  account  of;  days  worked  by  each  prisoner. 

To  note  time  of  Secotid — The  superintendent  shall  note  when  the  time  of  any 

discharno  of  . . i • i -in  • i i i • t i 

priBoiiers.  prisonoi’  IS  out,  01'  ho  IS  otherwise  legally  entitled  to  liis  discharge, 
upon  his  books. 

To  keep  reconi  Third — IIo  sliall  keoi)  the  minutes  of  the  acts  and  proceed- 

ol  managers.  _ ^ 

ings  of  the  board  of  managers,  and  keep  a regular  set  of  books, 
in  such  manner  as  the  board  of  managers  may  direct,  in  which 
shall  be’ entered  all  receipts  and  expenditures  on  account  of  the 
workhouse,  and  all  clothing,  tools,  provisions,  and  other  articles 
procured  for  the  workhouse ; and  to  report  to  the  board  of 
managers  at  the  end  of  each  month  a detailed  account  of  all  such 
receipts  and  expenditures. 

Further  duties  Sec.  4.  It  sliall  further  be  the  dutv  of  the  suiierinteiideiit  of 

of  superintend-  •'  ^ 

ei'i-  the  workhouse ; 


To  make  pur-  Fivsl — To  make  all  purchases  of  necessary  supplies  for  the 

house^  workhouse,  such  as  provisions,  clothing,  tools,  provender  for 

horses,  and  other  articles,  under  such  rules  and  regulations  as 
shall  be  prescribed  by  the  board  of  managers,  and  to  report  to 
the  board  of  managers  at  the  end  of  each  month  the  amount  and 


To  provide  food 
for  pri>unors. 


Board  of  man- 
agers, how 
elected. 


President  of 
hoard. 


Duties  of  board. 


’!'o  .supervise  o f • 
ticers 


To  visit  wo  I'  k- 
house. 


description  of  all  such  purchases. 

Second — To  attend  to  the  cooking  and  providing  meals  for  the 
prisoners,  see  that  they  have  sufficiency  of  good  and  wholesome 
food,  and  that  their  slee})ing  apartments  are  pro|)erly  cleansed 
and  ventilated,  and  to  attend  to  such  other  duties  as  may  be 
required  of  him  by  the  board  of  managers. 

Se('.  b.  At  the  first  stated  or  called  meeting  of  the  council 
aftei’  the  general  election  in  each  year  there  shall  be  elected  by 
ballot  three  members  of  the  lioard,  who,  together  with  the  mayor, 
shall  constitute  and  be  styled  the  ' ‘board  of  managers  of  the  work- 
house.”  One  of  the  said  lioard  shall  be  chosen  president,  and 
shall  preside  at  all, meetings  of  the  board,  and  perform  such 
Other  duties  as  may  be  re([uired  of  him  by  ordinance.  It  shall 
be  the  duty  of  the  board  of  managers  : 

Tirst  — To  exercise  a general  supervision  over  the  officers 
connected  with  the  workhouse  and  the  management  thei'eof. 

Second  — To  visit  the  workhouse  once  in  every  month,  and 
oftener  if  necessary. 


WOKKirOUSE. 


f;47 


Third  — To  ])roscribe  the  kind  of  labor,  and  tlic  place  where 
all  the  prisoners  in  the  workhouse  shall  he  employed. 

Fourth — To  establish  such  rules  and  regulations  generally 
for  the  government  and  management  of  the  workhouse  as  they 
may  deem  proper,  not  contrary  to  or  inconsistent  with  the  pro- 
visions of  this  ordinance,  and  to  cause  the  same  to  he  printed, 
and  posted  in  each  apartment  of  the  workhouse. 

Fifth — To  see  that  the  ordinances  of  the  city  in  relation  to 
the  workhouse  are  enforced. 

Sixth — To  regulate  and  prescribe  the  manner  in  which  the 
superintendent  shall  make  purchases  of  provisions,  clothing, 
tools,  or  other  articles  for  the  use  of  the  inmates  of  the  work- 
house. 

Sec.  6.  A majority  of  the  members  of  the  board  of  managei’s 
shall  constitute  a cpioinin  for  the  transaction  of  business. 

Sec.  7.  The  hoard  of  managers  shall  have  power  to  inquire 
into  any  complaint  made  by  the  prisoners  against  the  superin- 
tendent or  other  officer  of  the  workhouse  ; and,  if  they  find  the 
complaint  to  he  well  founded,  shall  cause  the  matter  complained 
of  to  he  remedied. 

Sec.  8.  The  hoard  of  managers  shall,  at  the  opening  of  each 
stated  session  of  the  council,  report  to  the  council  any  information 
relating  to  the  workhouse  they  may  deem  important. 

Se(’.  h.  Whenever  the  city  marshal  shall  commit  any  person 
to  the  workhouse  he  shall  indorse  upon  the  execution  the  amount 
of  money  that  may  he  in  his  hands  belonging  to  such  prisonei', 
and  shall  deliver  to  the  superintendent  a copy  of  the  execution 
under  which  the  commitment  takes  place,  and  the  indorsement 
thereon;  and  the  superintendent  shall  indorse  a I'cceipt  for  the 
prisoner  on  the  execution  held  by  the  marshal.  ddie  su})erin- 
tendent  shall  then  enter  in  a liook  the  executions  and  indorse- 
ments thereon,  and  the  number  of  days’  labor  which  the  prisoner 
must  give  to  discharge  the  execution  and  costs,  with  the  cost  of 
hoarding  added  at  the  rate  of  thirty  cents  per  day. 

Sec.  10.  Upon  the  receipt  of  any  prisoner  the  superintend- 
ent shall  divest  him  of  all  articles  of  value  and  all  unnecessary 
wearing  appai'cl,  and  all  such  ailicles  shall  he  registered  in  a 
hook,  and  returned  to  the  owner  upon  his  being  discharged. 


To  proscribe  oiii- 
ployinont  tor 
1)1  isoner.s. 


To  (‘stablisb 
rules  and  regu- 
lations. 


To  see  ordinanc- 
es enforced. 


To  supervise 
purchases  made 


Quorum  of 
board . 


Power  to  hear 
complaints  of 
Iirisoncrs. 


To  report  to 
common  coun- 
cil. 


Duties  of  ntar- 
.shal  conce/ning 
prisom-rs. 


Dn lies  of  snper- 
iritondent  con- 
cerni  g dis- 
charge of  pris- 
oners. 


Pi  i.soiiers  to  re- 
ceive articles  of 
value  on  dis- 
charge. 


048 


WORKHOUSE. 


I’lisoiiprs  to  bo 
pmi)loye(l,  at 
what  tiino. 


Troatment  of 
refractory  pris- 
oners. 


SuperinteiidPiit 
to  give  notice 
of  escape  of 
prisoners. 


Prisoners  escap- 
ing to  forfeit  la- 
bor (lone . 


Deductions  to  be 
made  from  cred- 
it of  prisoners. 


Prisoners  to  be 
credited  on  in- 
clement days. 


Sec.  11.  The  superinteiulent  shall  keep  all  persons  com- 
mitted to  the  workhouse  employed  at  such  useful  and  profitable 
labor  as  their  health  and  strength  will  permit,  ten  hours  each 
day  ; but  no  prisoner  shall  be  required  to  work  before  sunrise 
or  after  sunset,  except  in  extraordinary  cases,  and  then  he  shall 
be  allowed  extra  pay,  to  be  fixed  by  the  board  of  managers. 

Sec.  12.  Any  person  who  shall  refuse  to  work,  or  shall 
behave  in  a riotous  or  disorderly  manner,  or  shall  resist  or 
attempt  to  escape  from  the  workhouse,  may  be  committed  to 
close  and  solitary  confinement,  and  may  be  fed  on  bread  and 
water  until  he  consents  to  perform  his  duty,  and  may,  if  neces- 
sary, be  put  in  irons  ; but  the  board  of  managers  shall  have 
power  to  control  the  superintendent  in  the  extent  and  manner 
of  punishment. 

Sec.  13.  Whenever  an^^  prisoner  shall  escape  from  the  Avork- 
house  the  superintendent  shall  immediately  notify  the  mayor 
and  marshal  thereof,  and  shall  furnish  the  latter  Avith  a descrip- 
tion of  the  fugitive  and  a statement  of  the  manner  of  escape  ; 
and  if  he  fails  so  to  do  Avithin  tAventy-four  hours  after  such 
escape  he  shall  be  liable  for  the  amount  of  fine  and  costs 
due  from  such  prisoner. 

Sec.  11.  Any  prisoner  escaping  from  the  Avorkhouse  shall 
forfeit  the  time  he  may  have  labored  therein,  and,  upon  being 
retaken,  shall  work  out  the  Avhole  amount  for  Avhicli  he  Avas 
originally  committed,  and  the  cost  of  boarding  for  the  Avhole 
time. 

Sec.  15.  Any  person  avIio  may  be  placed  in  solitary  confine- 
ment, or  may  refuse  to  perform  his  task,  shall  not  be  alloAved 
a credit  for  the  time  of  such  confinement  or  refusal ; and  the 
cost  of  his  boarding  during  the  time  of  such  confinement  or 
refusal  shall  be  added  to  the  amount  for  Avhich  he  was  com- 
mitted, and  AA'orked  out  by  him.  If  any  ])risoner  shall  be  sick, 
and,  in  the  o})inion  of  the  health  officer,  unable  to  Avork,  he 
shall  be  alloAved  his  time  as  though  he  had  Avorked,  but  the 
amount  of  his  board  shall  be  charged  to  him.  If'  the  weather 
should  be  so  inclement  that  tlie  prisoners  can  not  Avork,  those 
Avho  can  not  be  kept  at  Avork  for  that  reason  shall,  nevei-theless, 
])e  alloAved  a credit  as  thougli  they  had  Avoi-ked,  but  their 
board  for  such  time  shall  be  charged  to  them. 


WORKHOUSE. 

Sku.  1G.  Prisoners  slnill  l)o  coiirmed  within  the  appropriate 
apartments  within  one  hour  after  snnset,  and  all  ligdits  in  such 
apartments  shall  he  extinguished  hy  nine  o’clock  v.  M.  between 
the  first  of  April  and  the  first  of  October,  and  by  eight  o’clock 
p.  M.  during  the  remainder  of  the  year;  and  no  lights  shall  be 
allowed  in  the  sleeping  apartments  of  any  prisoner  except  in  case 
of  sickness,  and  then  only  under  the  direction  of  the  health  officer 
or  other  physician  in  attendance. 

Sec.  17.  Any  prisoner  may,  at  any  time,  pay  the  superin- 
tendent the  amount  of  execution  and  costs,  or  balance  due 
thereon,  after  deducting  Avork  that  may  have  been  performed 
by  him ; and,  upon  such  payment,  or  upon  the  prisoner  Avorking 
out  the  fine  and  costs,  or  if  he  shall  be  otherAvise  legally  entitled 
to  his  discharge,  the  superintendent  shall  give  the  prisoner  a 
printed  or  written  discharge,  and  set  him  at  liberty.  The  pris- 
oner shall  be  allowed  fifty  cents  per  day  for  his  Avork,  exclusive 
of  board. 

Sec.  18.  No  person,  except  the  mayor,  health  officer,  or  a 
member  of  the  board  of  managers,  shall  hold  any  intercourse 
Avith  any  prisoner,  unless  permitted  l)y  the  superintendent. 

Sec.  19.  The  superintendent  shall  not  permit  male  and 
female,  or  Avhite  and  colored,  persons  to  occupy  the  same 
apartments. 

Sec.  29.  Whenever  any  prisoner  is  sick  the  superintendent 
shall  notify  the  health  officer  of  the  fact,  Avdio  shall  thercu})on 
visit  the  sick  prisoner,  and  furnish  the  prisoner  Avitli  })roper 
medicines  and  medical  attendance,  and  the  superintendent  shall 
see  that  the  ])risoner  is  j)r()perly  nnrsed  and  attended ; and  the 
cost  of  all  me<licines,  nursing,  and  attendance  shall  be  alloAved 
by  the  board  of  managers  as  other  expenses  of  the  Avorkhoiise 
are  allowed.  Whenever  the  health  officer  may  deem  it  necessary 
he  may  direct  the  superintendent  to  coiumy  any  prisoner  avIio  is 
sick  to  the  city  hospital ; but  when  such  prisoner  shall  have 
recovered  his  health  sufficient  to  be  able  to  Avork  he  may  be 
I'ecommitted  to  the  Avorkhouse,  and  shall  Avork  out  the  remainder 
of  his  time. 

Sec.  21.  The  health  officer  shall  visit  the  eating-room  of  the 
prisoners  during  meal  times  at  least  once  in  every  tAvo  Aveeks,  or 
oftener  if  he  shall  deem  it  necessary;  and  if,  in  his  opinion,  the 


G49 


I’risonors,  liow 
cunlliied. 


Prisoners  may 
be  dif  charged  on 
payment  of  fine 
and  costs. 


Intercourse 
with  prisoners. 


Superintendent 
to  separate 
males  and  fe- 
males 


Treatment  of 
sick  prisoners. 


When  sick  pris- 
oners may  be 
conveyed  to  hos- 
jrital. 


Duty  of  liealth 
ofllcer  concern- 
ing diet  of  pris- 
oners. 


WORKHOUSE. 


»)50 


When  inanagprs 
shall  change 
diet 


(iuanls  to  be  ap- 
pointed. 


Duties  of 
guards. 


Penalty  for  in- 
toxication of 
guard. 


Superintendent 
to  board  guards. 


Prisoners  nny 
be  worked  at 
public  or  pri- 
vate work. 


Superintendent 
to  report  to 
common  coun- 
cil. 


Superintendent 
may  sell  certain 
articles. 


food  of  tlic  prisoners  be  not  sufficient  or  proper,  lie  shall  report 
the  fact  to  the  hoard  of  managers,  and  make  such  recommenda- 
tions of  a change  of  diet  as  may  he  retpiisite  for  the  health  of 
the  prisoners  ; and  the  hoard  of  managers  may  thereupon  direct 
the  superintendent  to  elninge  the  diet  of  the  prisoners  in  accord- 
ance with  the  recommendation  of  the  health  (ifficer. 

Sec.  The  superintendent,  hy  and  with  the  approval  of 
the  mayor  in  writing,  shall  appoint  such  guards  as  may  he 
necessary ; and,  upon  good  cause,  to  he  approved  in  writing  by 
the  mayor,  discharge  any  and  all  of  said  guards  and  appoint 
others  in  their  stead.  The  guards  shall  perform  such  duties  as 
the  superintendent  may  direct  in  and  about  the  guarding,  man- 
agement, control,  and  working  of  the  prisoners,  and  they  shall 
he  supplied  Avith  the  nececsary  arms  to  enable  them  properly  to 
guard  the  prisoners  and  to  prevent  escapes. 

Sec.  28.  Any  guard  ANdio  shall,  Avhile  on  duty,  he  in  a state 
of  intoxication,  or  shall  otherwise  fail  in  the  discharge  of  any  of 
his  duties,  shall  forfeit  any  Avages  due  him,  and  he  discharged. 

Sec.  24.  The  supevintendent  shall  furnish  hoarding  for  the 
guards,  at  such  rates  as  shall  he  fixed  by  the  hoard  of  managers. 

SEi'.  25.  The  su})erintendent  shall,  upon  the  direction  of  the 
hoard  of  managers,  Avork  any  portion  of  the  prisoners  not 
actually  rcMjuired  at  the  Avorkhouse,  or  on  the  Avork  of  the  city, 
on  any  public  or  private  Avork  ; and  the  amount  of  such  Avork 
shall  he  collected  hy  the  superintendent,  and  hy  him  paid  into 
the  city  treasury  and  ])laced  to  the  credit  of  the  Avorkhouse  fund. 

Sec.  20.  The  su])erintendent  shall,  at  the  o|)ening  of  each 
stated  session  of  the  common  council,  report  to  that  body  a 
detailed  statement  of  the  operations  and  aflairs  of  the  Avork- 
house during  the  preceding  six  months,  setting  forth  the  nund,)er 
of  prisoners  received,  the  number  then  in  the  institution,  the  sex 
and  place  of  birth  of  all  the  prisoners,  the  value  and  description 
of  the  Avork  performeil  by  them,  in  detail,  and  the  expenditures 
and  receipts  on  account  of  the  Avorkhouse. 

Sec.  27.  The  superintendent  may,  Avith  the  Avritten  peiunis- 
sion  of  the  hoard  of  managers,  signed  hy  the  president,  sell  or 
otherAvise  dis})Ose  of  any  article  used,  made,  or.  ])roduceil  in  or 
about  the  Avorkhouse,  and  shall  pay  the  pi’oceeds  of  such  sale  into 
the  citv  treasury,  to  he  placed  to  the  credit  of  the  Avorkhouse. 


WORKHOUSE. 


(;r)i 


Skc.  28.  The  orio-inal  bills  for  all  piircliascs  made  by  the 
siiperinteiuleiit  on  account  oF  the  Avorkliouse  shall  be  re])orted 
to  the  board  oF  managei-s  at  such  times  as  they  may  direct, 
and,  iF  satisfied  of  the  correctness  of  the  same,  they  shall  give 
the  person  fi-om  whom  the  purchase  was  made  a certificate, 
signed  by  the  president  and  attested  l)y  the  superintendent;  and, 
upon  tlie  presentation  or  the  same  to  the  auditor,  he  shall  issue 
his  warrant  foi*  the  amount. 

Sec.  29.  The  superintendent  shall  have  power  to  take  all 
necessary  measures  to  guard  the  workhouse  and  to  prevent  the 
escape  of  prisoners,  and  he,  or  any  city  officer  or  other  person, 
is  authorized  to  arrest,  without  warrant,  any  person  who  shall 
have  escaped  from  the  workhouse. 

Sec.  30.  The  superintendent  or  any  officer  of  the  workhouse 
may  arrest,  without  Avarrant,  any  person  trespassing  upon  the 
workhouse  premises,  or  attempting  to  rescue  any  prisoner,  or 
assisting  or  attempting  to  assist  any  prisoner  to  escatie,  or 
hindering  or  attempting  to  hinder  the  superintendent  or  any 
officer  of  the  Avorkhouse  in  the  biAvful  discharge  of  any  of  his 
duties  ; and  any  person  convicted  of  any  such  offense  shall  be 
liable  to  a fine  of  not  less  than  three  nor  more  than  one  hundred 
dollars. 

Sec.  31.  Prisoners  shall  be  furnished,  in  such  manner  as  the 
board  oF  .managers  may  direct,  Avith  suitable  clothing,  Avhen 
necessary,  at  cost : Provided,  that  they  agree  that  the  ex}>ense 
thereof’  shall  l)e  Avorked  off  by  them  in  like  manner  as  the 
amount  of  fine  and  costs  for  'Avhich  they  Avei'e  committed. 

Sec.  32.  The  superintendent  or  any  other  officer  oF  the 
workhouse  shall  not  be  permitted  to  trade  in  or  sell  any  aj-ticles 
oF  any  kind  to  the  city  for  the  use  of  the  Avorkhouse. 

Sec.  33.  Idie  su[)ej-intendent  shall  pay  all  moneys  received 
l)y  him  on  account  of  the  Avoi'kliouse  into  the  city  treasury  at 
the  end  of  each  month,  and  take'  a receipt  thcrefoi'  from  the 
city  treasurt'r,  a,  duplicate  oF  Avhich  shall  be  fil('(l  in  the  auditor’s 
office. 

Sec.  34.  In  accoi-dance  Avith  the  provisions  of  the  act  of  the 
general  assembly  entitled  “An  act  to  authorize  the  cities  of  St. 
Louis  and  Carondelet  to  make  an  agreement  concerning  a Avork- 
houso,”  a})proved  December  fifth,  eighteen  hundred  and  fifty-five, 


M;in;iK('rs  On  cx- 
iimiiie  anil  allow 
bills. 


Snporiiiti'ndont 
to  jirevpiit  es- 
cape of  prison- 
ers. 


Workhouse  of- 
ficers may  ar- 
rest trespass- 


prisoner: 

cloUied. 


Officers  not  to 
(leal  in  ceitain 
articles. 


.Superintendent 
to  pay  moneys 
into  treasury. 


I’risoners  from 
Carondelet  may 
be  committed  to 
workhouse. 


WORKHOUSE. 


the  mayor  oF  the  city  of  Carondelet  is  hcrehy  authorized  to  com- 
mit all  persons  convicted  of  a violation  of  any  ordinance  of  said 
city  to  the  workhouse  of  the  city  of  St.  Louis. 

iiesniatioiiscou-  Sf^c.  35.  Tlic  pcrsoiis  SO  Committed  shall  be  received  and 

cermtif;  pris-  _ ^ 

1-egistered  by  the  superintendent  of  the  workhouse ; shall  per- 
form such  labor  as  the  superintendent  may  direct ; be  allowed  the 
same  compensation  per  day  as  other  prisoners  ; and  be  subject,  in 
all  respects,  to  the  rules  and  ordinances  of  the  city  of  St.  Louis 
in  relation  to  the  government  of  the  workhouse : Provided,  that 
no  person  shall  be  committed  who,  from  sickness  or  any  other 
cause,  is  unable  to  perform  the  labor  required  of  convicts  at  said 
institution. 

Costs  or  prison-  Sec.  30.  Said  city  of  Carondelet  shall  pay  to  the  city  of  St. 

Louis,  for  each  prisoner  so  committed,  the  sum  of  ten  cents  per 
day  until  such  prisoner  shall  be  discharged ; and  the  city  of  St. 
Louis  is  to  refund  to  the  city  of  Carondelet  the  costs  that  may 
have  accrued  to  the  officers  and  witnesses  in  the  prosecution  of 
the  charges  against  such  prisoners  : Provided , the  same  are  ])aid 
to  the  city  of  St.  Louis  after  commitment ; settlement  to  be  made 
by  the  comptroller  semi-annually. 

Approved,  August  10,  1864. 


MAYOIi  AND  COUNCILMEN 


CITY  OF  BT.  TO  CIS, 


FOl!  THE  YEARS  lS(!5-(i«. 


Mayor, 


JA3[ES  S.  TIKnrAS, 


Salary,  $4,000. 

BOAED  OF  COMMON  COUNCIL. 

[Councilmeii  receive  $250  for  each  stated  session,  and  five  dollars  per  meeting  for 
called  sessions.  Five  dollars  to  be  deducted  tor  absence  at  each  meeting.] 


President  pro 

tern . , 

Amade 

Valle. 

Clerk,  - 

(Salary,  $1,500.) 

A.  K. 

Bowyax. 

Serge<inf-at-nr)ns,  - - - - (tOodffi-low. 

(Salary,  $900.) 

First  Ward 

A.  KiiiECKiiArs, 

until 

Ajiril,  18()(). 

CllRlSTOl’lIKK  A.  StIKFKF 

‘‘ 

" * 18()7 . 

Second  Ward 

n ENTRY  (L  (lEAIIM* 

‘‘  18(>(;. 

J>OUI.S  (lOTTSOllAEK 

I8()7. 

Third  Ward 

1.  i 

“ i8(;(i. 

J I ER.MANX  SCIIEI'.MAN'X 

‘ '• 

“ LSI  >7. 

Fourth  Ward 

T<  )X  Y N I El)  KltW  1 ESElt 



“ 18(;(). 

A.  H.  W.  Goodwix 

‘ " 

‘ ‘ 1 81)7 . 

Fifth  Ward 

loiix  Oairxs 



lsik;. 

KjtASTus  Wells 

181)7. 

Sixth  Ward 

LSI)!). 

SA.A1EEL  ITaXT 

‘ • 

‘ '■  181)7 . 

Senenth  Ward 

(Jus.  F.  WALTIlElt 

“ 

• • 181)1). 

JOHX  G’Briex 

‘ ‘ 

••  181)7. 

Fiqhth  Ward 

“ 

“ 18()(). 

.loiix  Grether 

‘ ‘ 

181)7. 

NhitJb  W ard 

1 )axiel  Mo  A uli  efe 

“ 18(50. 

UATltlCK  DrISCOLI 

“ 1807. 

Tenth  Ward 

‘‘ 

^ • 1800. 

Charles  Schoexreck 

“ 

‘ ‘ 1807 . 

TABLE  OF  CriY  OFF1CEE8,  FOK  THE  YEARS  IS60-G-T,  WITH  THEIR  COMPENSATION  AND  AMOUNT  OF  BOND  REQUIRED. 


(>54 


TABLE  OF  CITY  OFFICERS, 


FOR  THE  YEAl^S  18()r)-(J-7 


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TABLE  OF  CITY  OFFICERS 


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Committee  on  Waterworks A.  S.  W.  Goodwin  “ 2 00 

(Vacancy.) “ 2 00 

_ Charles  Schoenbeck “ 2 OO 


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TABLE  OF  CITY  OFFICEliS 


Foil  THE  YEAllS  18(55-0-7 


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TABLE  OF  WATER  RATES 


Alcohol,  for  each  barrel  manufactured, 
10  cents. 

for  each  barrel  washed,  5 cents. 

Ale  cellars,  from  $20  to  $50  per  annum. 

Bakeries,  for  each  oven,  from  $10  to 
$50. 

Barber-shops,  one  chair,  $10 ; for  each  ; 
additional  chair,  $3. 

Baths,  private,  with  heating  appar- 
atus, $5.  j 

private,  without  heating  appar- 
atus, $3.  I 

public,  $15.  I 

Beer,  for  each  barrel  brewed,  5 cents,  j 
for  each  barrel  washed,  5 cents,  i 

Beer-houses,  from  $2o  to  $50. 

Billiard-saloons,  for  each  table,  $3.  ! 

Blacksmith-shops,  for  each  tire,  $3. 

Boarding-houses,  for  each  room,  $1.50,  , 
but  not  less  than  $10.  | 

Boilers,  steam,  not  less  than  40  cents  | 
per  square  foot  fire  surface.  i 

Book-binderies,  not  less  than  $10.  ! 

Brick-laying,  per  1,000  bricks  in  wall,  I 
10  cents. 

Brick-yards,  for  each  gang  of  hands, 

$20. 

Camphene,  for  each  barrel  manufac- 
tured, 10  cents. 

for  each  barrel  washed,  5 cents. 

Candle  (and  soap)  manufactories,  from 
$100  to  $L,000. 

(handy  manufactories,  from  $15  to  $75. 

Confectioneries,  from  $15  to  $75. 

Cow-st  t,bles,  each  cow,  $1. 

Dram-shops,  from  $25  to  $100. 

Dyers  and  scourers,  from  $25  to  $100. 

Fountains  (in  yards)  from  $25  to  $150 
for  six  months. 

Gardens,  private,  sprinkling  with  hose,  | 
from  $5  to  $50  for  six  months,  j 
public,  sprinkling  with  hose,  | 
from  $20  to  $150  for  six  monihs  | 

Gasworks,  frmn  $500  to  $2,000. 

Hat  manufactories,  from  $30  to  $100. 

Horses  (by  private  persons),  each  $3. 

Hose,  for  washing  windows  and  side- 
walks, per  25  feet  front,.$5. 

Hotels,  $1.50  per  room,  but  not  less 
than  $10. 

Laboratory,  from  $20  to  $200. 

Laundry,  from  $20  to  $300. 

Liquor,  for  each  barrel  distilled,  10 
cents. 

Livery-stables,  for  each  stall,  $2. 
for  each  carriage,  $2. 


Livery-stables,  for  hose  attached  to, 
not  less  than  $50. 

Malting,  l cent  per  bushel. 

Meat,  washing,  from  $50  to  |500. 

Offices,  from  $5  to  $30. 

Packing-house,  from  $40  to  $500. 

Plastering,  for  each  square  yard,  1-2 
cent. 

Plugs,  for  washing  windows  and  side- 
walks, for  25  feet  front,  $5. 

Porter,  ale  and  wine  cellar,  from  $12 
to  $50. 

Eosidences,  1 family,  4 rooms,  $5. 


5 or  6 

“ 6. 

7 or  8 

“ 7. 

9 or  10 

“ 8. 

11  or  12 

“ 9. 

13  or  14 

“ 10. 

15  or  10 

“ 11. 

17  or  18 

“ 12. 

19  or  20 

“ 13. 

more  rooms,  at  same  rate. 

more  families,  $1.50  for  each 
room,  but  not  less  than  $10. 

Eestiiurants,  from  $25  to  $100. 

Scourer  and  dyer,  from  $25  to  $100. 

Shops,  from  $5  to  $30, 

Slaughter-houses,  from  $25  to  $500. 

Sleeping-rooms,  $1.50  per  room,  but 
not  less  than  $lo. 

Soap  and  candle  manufactories,  from 
$100  to  $1,000. 

Soda  factories,  from  $40  to  $300. 

Si)rinkling  streets,  from  street  to 
street,  $15. 

Spirit  gas,  for  each  barrel  manufac- 
tured, 10  cents. 

for  eacli  barrel  washed,  5 cents. 

Stables,  cow,  for  each  cow,  $1. 

Starch-factories,  from  $50  to  $200. 

Stock-yards,  from  $25  to  $500. 

Stone-masonry,  per  perch,  5 cents. 

Stores,  from  $5  to  $3o. 

Sugar  refinery,  from  $500  to  $3,000. 

Tanneries,  each  vat,  $0,  but  not  less 
than  $25. 

Tobacco  factories,  each  person  em- 
ployed $2,  but  not  less  than 
$15. 

Vinegar,  per  barrel  made,  5 cents. 

Washing  me  it,  from  $50  to  $500. 

Water-closets,  private,  $5. 
public,  $10. 

Whisky,  for  each  barrel  rectified,  3 
cents. 

Wine-cellar,  from  $20  to  $50. 


r.  TST  OF 


MAYOHS,  ALDEJIMEN  AND  DELEGATES 


CITY  OF  ST.  TOUIS, 

FROM  A.  D.  1823,  TO  A.  D.  1806. 

The.  nanus  printed  in  capital  letters  were  presiding  officers  of  the  board. 


1823.  — William  Carr  Lane^  Mayor. 

Kobert  Wuj^h,  Janios  Iiopor,  .lames  Lakeiian,  AECIIIB.VLl)  GAMBLE, 
William  JI.  Savage,  Joshua  liartoii  (died),  Thomas  McKnight,  James 
Keimerly,  Philip  I’oehebhme,  Henry  Yon  Phnl,  J.osepli  V.  Gamier. 

1824.  — William  Carr  Lane,  Mayor. 

Bernard  Pratte,  Pierrc'  Chouteau,  sen.,  John  \j.  Sutton,  Joseph  C. 
Laveille,  IFugh  Pichartls,  JOilX  SHACK FOIM ),  Josei)h  V.  Gamier, 
David  V.  Walker  (died),  iVIatthew  Kei-i*,  William  K.  Pule. 

1825.  — William  Carr  Lane,  Mayor. 

JOSEPH  CHAPLESS.  sen.,  Philip  Pochel.lane,  Elisha  S.  Beebe, 
Jacob  Hawken,  Hugh  Piehards,  Hul)ert  Gulon,  Louis  '1'.  Honore,  Pierre 
(’houteau,  Allred  Skinner  (resigned),  Charles  Bosseron. 

18^(). — WiiiLiAM  Carr  Lane,  Mayor. 

APCIHILVLI)  GAMBLE,  Asa  Wilgus,  Thornlon  Grimsley,  William 
K.  Puh*,  Joseph  Laveille.  Thomas  F.  Piddick,  Joseph  V.  Gamier, 
David  B.  Hill,  Henry  Yon  Phul . 

1827.  — William  Carr  Lane,  Mayor. 

North  UVm/— JOHN  MIT;LAXPHY,  Win.  K.  Pule,  John  1).  Daggett. 

Middle  IFc/y/— Fred.  L.  Billon,  Edw.  (Jiarless,  Christopher  M.  Price. 

South  IIV/y/— Joseph  (.'.  laiveille,  John  L.  Sutton,  David  B.  Hill. 

1828.  — WiLiuAM  Carr  Lane,  Mayor. 

North  War<l — (ieorge  H.  Keimerly,  Michael  Peily,  Samuel  Hawken. 

Middle  Wurd  — Frederick  L.  Billon,  Edward  ('harless,  JOSEPH  C\ 
LAVEILLE. 

South  Ward — John  1j.  Sutton,  John  Smith,  .loliii  Smith,  Jr. 

1829. — Daniel  I).  Page,  Mayor. 

North  Ward — John  MnllaniJiy,  Michael  Pi'illy,  JabivAVarner, 

Middle  Ward — Edw.  (!harless,  Thomas  Cohen,  JOS.  (.'.  LAVEII.LE, 

South  Ward — Hubert  Guion,  Harman  L.  Hofl'man,  John  L.  Sutton. 


6G2 


MxVYORS,  ALDERMEN  AND  DELEGATES. 


1830.  — Daniel  D.  Page^  Mayor. 

North  Ward — Jolin  D.  Da^^ett,  William  K.  Rule,  Edward  Dobbins. 
Middle  Ward  — Thomas  Cohen,  JOSEPH  C.  LAYEILLE,  Edward 
Cbarless. 

South  Ward — Elkanali  English,  Hubert  Onion , Herman  L.  Hoffman. 

1831.  — Daniel  D.  Page,  Mayor. 

North  Ward — Joseph  Bates  (resigned),  Edward  Dohyns,  William  K. 

Rule  (resigned),  Jesse  Colburn  (resigned),  Hugh  O’Yeil. 

Middle  lhanZ— Peter  Ferguson,  JOS.  C.  LAVEILfjE,  Jahez  Warner. 
South  Wa7‘d — John  Pigott,  Michael  Rourke,  Roliert  Simpson. 

1832.  — Daniel  D.  Page,  Mayor. 

North  Ward — Edward  Dohyns,  Hugh  O'Neil,  Solomon  P.  Ketclium 
(resigned),  Robert  Moore. 

Middle  Ward — Peter  Ferguson,  JOS.  C.  LAVEILIjE.  Edw.  Charless. 
South  Ward  — Michael  Rourke  (died),  Robert  Simpson,  Cotton  M. 
Tabor,  Calvin  Francis. 

1833. — Samuel  Merry,  Mayor. 

(Disqualifled  in  consequence  of  holding  office  under  the  General  Government.  J.  W. 
JOHNSTON,  elected  Mayor  in  his  stead  ) 

North  Wa7'd — Edward  Dohyns,  Hugh  O’Neil,  Jr.,  Robert  Moore. 
Middle  Ward—EW\.  Charless,  Peter  Ferguson,  JOS.  C.  LAVEILLE. 
South  Ward — Sullivan  Blood,  Robert  Simpson,  Caleb  Lockwood. 

1834. — John  Ml . Johnston,  Mayor. 

First  Ward  — Benjamin  W.  Ayers  (resigned).  Michael  Gorman  (re- 
signed), George  Morton,  Benjamin  \V^.  Ayers,  AVilson  Pi-imm. 
Second  Ward — Horatio  N.  Cross,  John  Shannon , .Tames  P.  Spencer. 
Third  TFartZ— Thomas  Andrews,  John  F.  Darby,  HUGH  O’NEIL. 
Fourth  Ward — Edwtird  Dohyns,  Robert  N.  Moore,  Hugh  O'Brien. 

1835.  — John  F.  Darby,  Mayor. 

First  Ward — George  jMortou,  Wilson  Primm,  John  P.  Reily. 

Second  Ward — Joseph  Charless  (resigned),  James  J.  Purdy,  JAMES 
P.  SPENCER,  Joseph  C.  Laveille. 

Thh'd  Wa7'd — Tliornton  Grimsley,  Hugh  O’Neil,  Dunham  Spalding. 
Fourth  Ward — Cliarles  Collins^  .Tohn  Lee  (removed  ),  Josepli  Bates 
> (resigned),  Solomon  P.  Ketclium,  Bryau  Mullanphy. 

1836.  — John  F.  Darby,  Mayor. 

First  Ward — George  Morton,  Wilson  Primm,  Janies  .T.  Purdv. 

Second  IFartZ— Thos.  Cohen,  Joseph  C.  Laveille,  .TAS.  P.  SPENCER. 
Tliird  Ward — Win.  Preston  Clark,  Thornton  Grimsley.  lliigli  O’Neil . 
Fourth  Ward — Charles  Collins,  Hugh  O’Brien,  Biyan  Mnllaniihy. 

1837.  — John  F.  Darby,  Mayor. 

First  IFanZ— WTLSON  PRBIM,  .Joseph  S.  Peast',  Joseph  AYalsh. 
Second  TFarrZ— Thos.  Cohen,  David  B.  Hill,  James  P.  Spencer  (died), 
Stuart  Matthews. 

Third  Ward — Thomas  B.  Hudson,  Peter  Tiernan,  Asa  AVilgus, 

Fourth  Ward — Charles  Collins,  Abel  Rathhone  (Mrhin,  Hugh  O’Brien. 

1838. — William  Carr  Lani],  Mayor. 

First  Ward — Benjamin  W.  Ayers,  .To.seiih  S.  Pease,  Jost'ph  W \Valsh. 
Second  Ward — k/ouis  V.  Bogy,  DAVID  (J)ONS,  Stuart  Maltla'ws. 
Third  Ward — Meriawether  Louis  Clark,  Hugh  O’NOl,  Ik'ter  Tiernan . 
Fourth  Ward  — Aliel  Rathhone  (-orhin  (resigned),  Hugh  O’Brien, 
John  M.  Winier,  Giles  A.  Liiidley. 


MAYOIJS,  ALDEiniEN  AND  DEEEliATES. 


00:3 


1880. — William  Cauu  Lanl,  Maijor. 

ALDERMEN— 

First  Ward — Ik'u jaiiiin  W . Ayers,  .lames  G,  Barry. 

Second  \rard — Bi'verlv  Alh'ii,  Eihvai'd  Trae\^ 

Third  Hk/v^— (JEOIKJK  GOLLIEK,  .John  13.  Sarpy. 

Fourth  Ward — .John  Lee,  Arehil)al(l  Can-. 

DELEGATES— 

First  Ward — Edkanali  EAig-lisli,  Chai-les  Contts  (resigned),  William 
11  mine,  G('orge  Maguire. 

Second  Ward — William  Glasgow,  Theodore  Papin,  David  13.  llill. 
Third  Ward — l>azi]  W.  .ilexandei’,  Asa  iVilgns,  George  Trask. 

Fourth  Ward — GliOllGE  K.  13UI)I),  Abel  G.  Farwell,  Samuel  Gaty. 

1840. — John  E.  DarbY;  Mayor. 

ALDERMEN— 

First  Ward — James  G.  Barry,  Benjamin  WL  Av(‘rs. 

Second  IJW  — BEYER EY  ALLEN  (resigned),  ADAM  L.  MILLS, 
Thomas  Cohen. 

Thvrd  Ward — ’William  Bnrd,  Archibald  E.  Orme. 

Foii7'th  Wan'd — Archibald  Carr,  Horatio  N.  Davis. 

DELEGATES— 

First  Ward — Elkaiiah  English,  Gem-ge  Magnire,  Hiram  Shaw. 

Second  Ward — EDW.  BROOKS,  .lames  Cfemens,  Stewart  Matthews. 
Third  Ward — Thomas  Dresser,  George  Trask,  Thomas  H.  AVest. 
Fourth  Ward — Geoige  K.  Bndd,  Samuel  Gaty,  David  Weston. 

1841. — John  D.  Daggett,  Mayor. 

ALDERMEN— 

First  1(«7yZ— .lohn  Corcoran  ( resigned) , -Tames  C.  Lynch,  Brannock 
.1  ones. 

Second  Ward — 13.  AV  . Ayers,  Stuart  Alatlhews. 

Third  Wal'd — Thomas  Coh(‘n,  A.  L.  MHiLS. 

Fourth  Ward — Archibald  E.  Oiane,  James  il.  Eneas. 

Fifth  Ward — Robert  Cathcart,  Samuel  Gaty. 

DEI.EGAi'ES— 

First  Ward — .Joseph  M.  Magellan,  Daniel  H.  Donavan,  Thos.  Denny. 
Second  Ward  — Eilkanah  English,  Hiram  Shaw,  lleiiry  McKee  (re- 
signed), Edward  >Valker. 

Third  Ward — Henry  S.  (.’ox<‘,  ED^C,  BROOKS,  Henry  E.  Stone. 
Fourth  Ward — d'homas  II.  NV{*st,  Geoige  'Trask,  Ebenezer  A'onng. 
Fifth  Ward  — Thomas  II.  Dnncan,  d’lu'odore  Labeamne  (resigned), 
.V.  R.  Corbin,  .John  M.  Wimer. 

184‘2. — Georgl  JIaguiuk,  Mayor. 

ALDERMEN— 

First  Ward — .James  C.  Lynch,  William  B.  Wood. 

Second  IIVov/— .JAAIES  (L  BAIHIV,  Nathan  Ramiey. 

Third  Ward — Edward  Brooks.  .VD.\A1  L.  M I LLS  '(  rt'signed) , Adam 
B.  (diambei’S. 

Fourth  Ward — Archibald  E.  Orme,  .Josei)h  B.  (’rockiitt  (resigned), 
B.  S.  1 lol  lings  worth . 

Fifth  ITc/vZ— .John  AI . >Vim('r  (resigned),  Samuel  Gaty  (resigned),  C. 
Campb(*ll,  (diaries  'Todil. 

DELEGATES— 

l^\rst  Ward — Daniel  II.  Donavan  (ri'signed),  d'homas  Denny  ( re- 
sigiK'd).  Henry  (L  Lynch,  .John  (L  Mnellei',  .John  St(*warf. 
Seco7t(l  Wa/'d — Hiram  Shaw,  Ezra  O,  English,  Ellis  Wainwright. 
Third  Ward — George*  K.  Mc(3 nnnegh*. " Francis  .Jones,  W’illiain  11. 
.Jones  (resigned),  Beriah  (didaiid. 

Fo7i7-th  Wa/'d — A^'ital  M.  (hir(‘sch<*,  Louis  A.  Lalx'anme,  .J.  S.  AA'ood. 
Fifth  Wa7'd — Aliel  R.  Corbin,  'V.  O.  Dl'N(LVN,  Chas.  R.  Andm-son. 


G64  MAYORS,  ALDERMEN  AND  DELEGATES. 


1843.  — .loiiN  M.  WiMER,  Mayor. 

ALDERMEN— 

First  Ward — MatMiias  Hteitz,  .John  Witliiioll. 

Second  Ward — WIT^SON  PEIMM,  Stuart  Matthews  (resig’ued),  .Tohn 
Black. 

Third  Ward — Edward  Cliarless,  JjOuis  A.  Taiheanine. 

Fourth  Ward — iRither  M.  Kennett,  .Joliii  B.  Camden. 

Fifth  Ward — Anthony  Bennett,  Thomas  Watson. 

Sixtti  Ward — Joseph  S.  Hull,  William  S.  Stamps. 

DELEGATES— 

First  Ward — Jacob  Smith,  .James  Caldwell. 

Second  Ward — Ellis  Wainwrig-lit,  Charles  Bobb. 

Third  Ward — Georoe  Tv.  McGunneoJe  Eraneis  Jones. 

Fourth  Ward — GEORGE  A.  HYDE,  .John  Finnej^. 

Fifth  Ward — iVbel  It.  Corbin,  Enfiis  Kayser. 

Sixth  JEarrZ— Charles  E.  Anderson,  .Taeoh  Tiee. 

1844.  — Bernard  Pratte,  Mayor. 

ALDERMEN— 

First  Ward — Matthias  Steitz,  .lohn  AYithnell. 

Second  Ward — .John  lEack,  Ellis  lYainwrig-ht. 

Third  Ward — EDWAEl)  C'HAELESS,  George  J\ . iVtcGminegle. 

Fourth  Ward — Jjuther  M.  I\ennett,  .tohn  B.  Camden. 

Fifth  Ward  — Thomas  IVatson  (resigned),  Ai-cliihald  Carr,  J.  W. 
Ormsbee. 

Sixth  Ward — William  S.  Stamps,  George  Mead. 

DELEGATES— 

FWst  Ward — .Jolm  Corcoran,  Edwai*d  Warrens. 

Second  Ward — Charles  BolJj,  GEOEGE  MOETON. 

Third  Ward — David  Chambers,  Francis  .Jones. 

Fourth  JEarrf— George  A.  Hyde,  Charles  Todd. 

Fifth  Ward — Samuel  Knox,  Cliarles  .J.  Carpenter. 
sixth  Ward — James  Gordon,  Hugh  Eose. 

184.5. — Bernard  Pratte,  Mayor. 

ALDERMEN— 

First  Ward — Matthias  Steitz,  Daniel  11.  Donovan. 

Second  Ward — Ellis  Wainwright  (resigned),  .lames  G.  Barry,  B.  W. 
Ayers. 

Thirdf  Ward — Geoi’ge  K.  McGunnegle,  Edward  Charless. 

Fourth  Ward — Henry  D.  Bacon  (resigned),  Imthci'  M.  FGmnett,  Chas. 

Collins,  .John  11.  Hio-don  (in  lieu  of  Collins). 

Fifth  Karri— AE Cl H BALD  tbVEE,  George  K.  Budd. 

Sixth  Ward — George  Mead,  .John  Hall. 

DELEGATES— 

First  Ward  — Edward  Wan-ens  (resigned),  Amade  Valle,  Ezra  O. 
English. 

Second  Ward  — Thomas  B.  Targce,  EobeiT  Holmes. 

Third  Ward  — Singleton  H.  Kimmel,  William  Glasgow,  Sen. 

Fourth  Ward — Charles  Herpiembourg,  Isaac  T.  (Ireene  (resigned), 
Charles  M.  Valleau. 

Fifth  Ward  — SAMUEL  KNOX.  Charles  .labine. 

Sixth  Ward  — Henry  Ivoane,  Nathaniel  Childs,  Jr. 

1846. — Peter  G.  Camden,  Mayor. 

ALDERMEN— 

First  Ward — Matthias  Steitz,  Daniel  H.  Donavan  fresigiuMl),  C(‘org(j 
Maguir(3. 

Second  Ward — lames  G.  Barry,  Danic'l  D.  Eage. 

Third  Ward — Ldwai'd  Charh'ss,  Adam  L.  Mills. 

Fourth  Ward — Luthei-  M.  KeniH'tt  (i-esigned),  .lohn  B.  Higdon, 
Stephen  W.  Adreon. 

Fifth  Ward — GEOEGE  K.  BUDD.  I’eulxMi  Knox. 

Sixth  Ward — .John  Hall,  Nathaniel  CJiilds,  Sr. 


MAYORS,  ALDERMEN  AND  DELE(iATES. 


oof) 


DEl.EfiATES— 

First  ]Var(f  — A.  Vulle  W.  'rii>-lie,  Joliii  Dunn. 

Second  U^ard  — (’.  P.  Morse  Polx'rt  !l()lnu^s. 

Third  ]V<rrd — S.  II.  KIMMPL  ( resjo-ned) , W.  Glasgow,  .Ji\  (resigned), 
P.  G.  Morehead,  dann'.s  Glasgow. 

Fourth  Ward  — C.  11  P(^UKM BOPRG  , G.  M.  Valleaii. 

Fifth  Ward- — dolin  Wliitehill,  James  IT.  White. 
sixth  IPro-rf  — Josepli  S.  Hull,  Robert  B.  Bell. 

1847. — Bryan  Mullanpiiy,  Mayor. 

ALDERMEN— 

First  Ward — GEORGE  MAGUIRE,  Richard  S.  Bleiinerhasset. 

Second  Ward^l).  1).  Pao-e  (resio-ned),  J.  G.  Shelton,  IVilson  Primm. 
Third  Ward — Adam  L.  Mills,  James  Glaso’ow. 

Fourth  Ward — Isaiah  Forbes,  Samuel  Ilawken. 

Fifth  Ward — Reuben  Knox,  L.  Ri^o’S  (resig-ned),  Louis  Bach. 

Sixth  Ward — Kathaniel  Childs,  Reuben  B.  Austin. 

DELEGATES— 

First  Ward  — Jacob  Smith,  H.  C.  Lynch. 

Second  Ward  — J.  P.  Thomas,  E.  W^.  Decker  (died),  Louis  DuBreuil. 
Third  Ward — W . H.  Jones.  William  Robl). 

Fourth  Ward,  — I).  A.  IMAGEIIAN,  J.  H.  Lightner. 

Fiftli  Ward  — A.  P.  Taidue,  Hugh  Rose. 

Sixth  Ward  — L).  W.  Dixon,  R.  X.  Moore. 

1848. — John  M.  Jvrum,  Mayor. 

ALDERMEN— 

First  Ward — R.  S.  Bleiinerhasset  (i-esigned),  GEORGE  MAGUIRE, 
Edward  Ilaren. 

Second  Ward, — John  G.  Shelton,  Georgi*  R.  Taylor  (resigned  and 
re-elected). 

TJdrd  Ward,  — James  Glasgow,  Adam  L.  Mills,  Daniel  1).  Page  (to 
till  vacancy). 

Fourth  U rtrcZ— Samuel  Ilawken  (resigned),  James  II.  White,  Deme- 
trius R.  31agehan. 

Fifth  Ward — Louis  Bach,  Robt.  Gathcart  (vacated  seat),  T.  fl.  Beirne. 
Sixth  Ward — Reuben  B.  Austin,  Isaac  11.  Sturgeon. 

DELEGATES— 

First  IFc/y/— IIEXRY  C.  LYX(JI.  A.  G.  (hrdi's. 

Second  Ward  — Jacob  V.  J'honias,  Edwai'd  E.  Hunter. 

Third  Ward,  — Thomas  ('ohen,  Charles  Bohb. 

Fourth  Ward — AYilliam  M.  Moridson,  Joseph  F.  Franklin. 

Fifth,  Ward  — Thomas  Jaitkson,  Frederick  Laumann. 

Sixths.  Ward  — Thomas  Harsant,  Erastus  ^Gells. 

1849.  — James  G.  Barry,  Mayor. 

ALDERMEN— 

First  Ward  — GEORGE  MAGUIRE  (resigned),  Edward  Haren  (re- 
signed), William  Freund,  John  Dunn. 

Second  lOmZ— William  Palm,  George  R.  Taylor. 

Third,  Ward, — Daniel  D.  Page*.  .\dam  L.  Mills. 

Fourth  Ward—iF  M.  VAEEEAU.  William  Robb. 

Fifth  Ward — 'riiomas  fl.  Ikdiaie,  .1.  B.  Gibson. 

Sixth  Ward — Ibmry  HolnuiS,  Isaac  H.  Sturgeon. 

DELEGATES— 

First  Ward—W.  C.  Kat/,  William  R.  Pri(;e. 

Second  Ward  — A.  P.  Tlnnnas,  WJllliim  Walton. 

Third  Ward—W  R.  Mason,  FRAN(HS  JONES. 

F<)u,rth,  Ward — R.  Kays(n-,  Geoig(‘  W Rncl<(‘r. 

Fifth  Ward — Peter  Miller  (hied),  George  Bushev,  Idiomas  Hai-sant. 
Sixth  Ward  — A.  Ward  (died),  H.  Overstolz,  Willis  R.  Pritchard. 


G66  MAYORS,  ALDERMEN  AND  DELEGATES. 


1850.  — Luther  M.  Kennett,  Mayor. 

ALDERMEN— 

First  Ward — Joliii  Dumi,  R.  S.  BlcMinerliasset. 

Seco7id,  Ward — Willhiin  R;ilm,  Louis  Duljrciiiil. 

Third  Ward — Joseph  (Juirless.  John  J.  Aiulei’son. 

Foarth  Watal — C.  >1.  VALLE AU,  Joliii  W.  Rucker. 

Fifth  Ward — .J . IL  Gihsoii  (i-esiRiied) , J . S.  Freligli  (resigned), 
Charles  11.  Roiid.  E.  C.  lilackhurii. 

Sixth  Ward — Henry  lloliiies,  Isaac  II.  Sturgeon. 

DELEGATES— 

First  Ward — SteiJieu  Stock,  Frederick  W.  Beckwitli. 

Second  Ward — Beiijainin  B.  Chain])erlain  (died).  E.  B.  Tavlor,  AVil- 
liain  Smith. 

Third  Ward — William  Carroll,  C.  Edmund  Labeaume. 

Fowdh  Ward — Edwdu  Smith.  GEORGE  TRASK. 

Fifth  1F«/t/— John  Shore  (resigned),  George  Busliey,  C.  L.  Iloltliaus. 
Sixth  Ward — Henry  Overstolz^Willis  R.  Pritchard. 

1851.  — Luther  M.  Kennett,  Mayor. 

ALDERMEN- 

Fh'st  Wa;rd — Jolin  C.  l)egeiihai‘dt,  Henr}^  C.  Lynch, 

Second  Ward — William  Palnu  Robert  (Tarkson. 

Third  IIW— Jolm  J.  Anderson,  LOUIS  A.  LABEAUME. 

Fourth  Ward — George  W.  Rucker,  Edward  C.  Blackburn. 

Fifth  Ward — Charles  W.  Lightner.  Charles  H.  Pond. 

Sixth  Waml — Henry  Ov'erstolz,  Thomas  L.  Sturgeon. 

DELEGATES— 

F'irst  TFrtrrf— George  Bi-emermann,  Samuel  B.  Pilkington. 

Second  Ward  — J.  T.  Moore  (resigned),  Philip  B.  Reily,  John  Mc- 
Dowell. 

TJtird  Ward — Joshua  W.  Owiugs,  David  R.  Risley. 

Fourth  TUar^/— RUFUS  KAYS'ER,  Benjamin  C.  Fari-ar. 

Fifth  Ward — George  Busliey,  James  McNiehol  (resigned),  Gar- 

rison . 

Sixth  Ward — Daniel  Crouse  (died),  Stewart  jMcKee,  John  Brotherton. 

1852.  — Luther  M.  Kennett,  Mayor. 

ALDERMEN— 

First  Ward — John  C.  Degenhnrdt,  Hmirv  C.  Lynch. 

Second  IFa/rZ— ITiilip  B.  Reily,  Robert  ('larkson. 

Third,  Ward  — .John  J.  Audei-son  (resigned),  Louis  A.  Labeaume, 
George  K.  Budd. 

Fourth  IFa/yZ— George  W.  llueker,  ED  WARD  C.  BLACKBURN. 
Fifth  Ward — Thomas  J.  Beirne,  Chailes  AVL  Lightner. 
sixth  Ward — Thomas  L.  Sturgeon,  John  W.  Thornburgh. 
DELEGATES— 

Fb'st  Ward — Samuel  B.  Pilkington,  Frederick  P.  Snuguiiiette 
Second  Ward — C.  C.  Simmons,  (hiarh's  Meld  (I’esigiuHl),  Martin  Dubbs. 
Third  HTwyZ— DAVID  II.  RISLEY.  .loshua  W.  Owings. 

Foiirth  Ward — J.  K.  Burtis,  Janu'S  Ham. 

Fifth  HToyZ— Thomas  Harsant.  W.  R.  Pritchard. 

Sixth  Ward — Daniel  G.  Taylor  (resigned),  Cyrus  Spear,  .lohn  Sexton,  Jr. 
1853. — John  How,  Mayor. 

ALDERMEN— 

First  Ward — .John  C Degenhardt,  Samuel  B.  Pilkington. 

Second  Ward — Philip  B.  Rinly,  Coriudius  Cami)belL 
Third  Ward — Louis  A.  Labeaunu'  (i-esigned),  David  _ R.  Risley,  (re- 
signed), William  M.  MclTierson,  T'lu'ophih'  Pa])in. 

Fourth,  Ward — Edward  (J.  Blackburn,  John  ITai-tm'tt. 

Fifth  lUmZ— THOMAS  J.  BFIRNE.  Eneas  IMcdoml. 
sixth  IFa/vZ— John  W.  Thornburgh,  Alfred  Heacock. 


MAYORS,  ALDEUJMEN  AND  DELE(E\TES. 


(;r)7 


DELEGATE^^— 

FM  IFavv/— G(M)roc  W.  Slierrick,  (MIAIU.FS  W.  (^OTTSCIIA LK  . 
Second  Ward — (Muirlos  A.  Cl:ii-k(*,  .loliii  II.  Rohlf. 

Third  IFavv/— Isaac  M.  V('itcli,  Cliarlos  II.  ^rillsoii. 

Fourth  Ward — James  Ham,  Franklin  Weston. 

Fifth  Ward — Davis  3Ioore,  Geoi'^i’e  Kylei-. 

SCeth  Ward — Charles  W.  Horn,  James  Graham. 

1854. — John  IIow^  Mayor. 

ALDEEMEN— 

First  ira/’fi? -8.  !>.  Hilkino’ton,  C.  W.  Gottsclialk. 

Second  HM— COUNELIUS  (''AMPBELL,  Pliilii)  B.  Reily. 

Third  Ward — Theophile  Papin,  Daniel  G.  Taylor. 

Fourth  Ward — Edward  C.  Blackburn,  John  Hartnett. 

Fifth  Ward — Eneas  McEaul,  Norman  J.  Colman. 
sixth  Ward — J.  W.  Thornburo-h,  Albion  T.  Crow. 

DELEGATES— 

First  Ward — Geortre  W.  Sherrrick,  H.  J.  Hillsdorf. 

Second  Ward — Charles  A.  Clarke,  Henr.v  Gi'aetenkanij). 

T Idl'd  Ward — Isaac  M.  Veitch,  Charles  H.  Tillson. 

Fourth  Ward — Franklin  Weston,  Joshua  Houston. 

Fifth  Ward — Davis  Moore,  GEORGE  KYLER. 

Sixth  IFar(^ — John  Sexton,  Jr.,  John  H.  Niermeyer. 

1855. — Washington  KinG;  Mayor. 

ALDEEMEN— 

First  Ward — C.  AY.  Gottsclialk.  Georo’c  W.  Sherriclc. 

Second  Ward — Philip  B.  Reily,  Henry  B.  Belt. 

Third  Ward — Daniel  G.  Taylor,  Erastns  AA'ells, 

Fourth  Ward — E.  C.  BLACKBURN  (died),  Franklin  AYeston,  John 
Shore. 

Fifth  Ward — N.  J.  Colman,  Geor<j:e  Kyler. 

Sixth  Ward. — J.  W.  THORNBURGH,  John  Sexton,  Jr. 
DELEGATES— 

First  Ward — 11.  J.  Hillsdorf,  Christian  Staehlin. 

Second  Ward — Henry  Graelenkami),  Thomas  AI.  Wannell. 

Third  TIW— James  F.  Small,  CHARLES  It.  TILLSOX. 

Fourth  Ward — Joshua  Houston,  ficsse  W.  Heath. 

Fifth  Ward — AYilliam  S.  Cuddy,  Chai-les  E.  Lorino’. 

Sixth  Ward — James  H.  Vail,  Benjamin  L.  VanCourt. 

185G. — John  JIoW;  Mayor. 

ALDEEMEN— 

First  Ward  — Godfrey  Schoenthaler  (resigned),  Henry  C.  T^ynch, 
David  Bayles. 

Second  Ward — Cornelius  Campbell  (resigned),  Chas.  W.  Gottsclialk, 
Brannock  Jones. 

Thhd  Ward — C.  Simmons,  William  Palm. 

Fourth  Ward  — GEORGE  R.  TAYLOR,  -lohn  Kern  (died),  Amade 
Valle. 

Fifth  Ward — Erastus  Wells,  (diaries  Tillson. 

Sixth  Ward — John  Shore,  Unit  Raslii. 

Seventh  Ward — Patrick  Deegan  (di(;d),  Heniy  Dusenbury. 

Fighth  Ward — C.  1).  Colman,  (h'orge  Kyler. 

Ninth  Ward — James  Graliam,  Charles  W.  Horn. 

Tenth  Ward — Henry  Overstol/>,  (diaries  R.  Anderson. 

DELEGATES— 

First  Ward — Henry  Almstedt,  Ihairy  CL  Kalz. 

Second  Ward — John  II.  Abelin,  lleiiiy  Graefenkamp. 

Third  Ward — Gerhard  Scln'innann,  ddi(‘Oi)hlle  ILpiiii. 

Fourth  SAMUEL  SIMMONS,  Smith  Litcldield. 

Fifth  Ward — John  F.  Long,  C.  C.  YIcClure. 


MAYORS,  ALDERMEN  AND  DELEGATES. 


DEIjEGATES—Continued. 

SlxtJi  Ward — W.  Ileatli  (iT^signed),  Augustus  Poiiieroj^  Edw. 
S.  Wlieatoii. 

Seventh  Ward — W^.  S.  Bachiiianii,  C.  Tieniaii. 

Eighth  Ward — doliii  C.  Vogel,  Davis  Moore. 

Ninth  Ward — William  McKee,  Robert  Graham. 

Tenth  Ward — Andrew  Gettj",  Daniel  McGill. 

1857. — John  M.  Wimer,  Mayor. 


ALDERMEN— 

First  Ward — Hemy  C.  T.iyiic}i,  L.  Babcock. 

Second  Ward — John  H.  Fisse,  Braimock  Jones. 

Third  Ward — C.  C.  Simmons,  R.  M.  Renick. 

Fourth  Ward — GEORGE  R.  TAY^LOR,  Amade  Valle. 

Fifth  Ward — Charles  Tillson,  Erastus  Wells. 

Sixth  Ward — John  Shore,  C.  C.  McClure. 

Seventh  Ward — Charles  G.  Stitel,  E.  M.  Powers. 

Eighth  Ward, — C.  D.  Col  man,  George  Kyler. 

Ninth  Ward — James  Graham,  Charles  W.  Horn. 

Tenth  Ward — Charles  R.  Anderson,  John  Sexton. 

DELEGATES— 

First  Ward — James  Gorman,  Henry  Almstedt. 

Second  1F«/yZ  — Theophile  Papin  (resigned),  Thomas  S.  A'elson,  Wil- 
liam D’Oench. 

Third  Ward — E.  P.  Tony,  J.  H.  Graefenkami). 

Fourth  Ward — Samuel  Silnmons  (resigned),  Fred.  Buschmann,  Sol. 
J . Levi . 

Fifth  Ward — A.  D.  Pomeroy,  John  W.  Bnrd. 

Sixth  Ward — James  H.  McClure.  Tliomas  R.  Axtell. 

Seventh  Ward — Thomas  A.  Dailey,  Robert  Kinnear. 

Eighth  Ward — JOHN”  C.  VOGEL,  Davis  Atoore. 

Ninth  Ward — William  AIcK(!e.  Conrad  Doll. 

Tenth  Ward — Felix  A.  Al(^Donald,  James  R.  Dobyns. 

1858. — Oliver  D.  FiLLEig  Mayor. 


ALDERMEN— 

First  Ward — h.  Bal)cock,  Thomas  Allen. 

Second  Ward — Bran  nock  Jones,  F W.  Cronenbold. 

Third  Ward — R.  M.  Renick,  J.  11.  Graefenkamp.  ) 

Fourth  Ward — Amade  Valle,  John  G.  Shelton. 

Fifth  IFa/G— Erastus  Wells,  Charles  Tillson 
Sixth  Ward — S.  W.  Adreon,  C.  C.  AlcClure. 

Seventh  Ward — Thomas  J . Dailev,  F.  W.  Corbitt. 

Eighth  IPa/YZ— GEORGE  KYI.ER,  John  C.  Vogel. 

Ninth  Ward, — Charles  W.  Horn,  Patrick  Gorman. 

Tenih  Ward — John  Sexton,  Janies  Doyle. 

DELEGAIES— 

First  Ward. — Fredericlc  Hohenschildt,  Henry  Almstedt. 

Second  TllOM.VS  S.  NELSON,  J.  (>.  Vogel. 

Third  Wa.rd — Philip  11.  Bishop,  ^Villiam  Ilorine  (resigmal),  George 
Bayba. 

Fourth'  Ward — Sol,  J.  Levi,  liTi  Stout  (resigned),  John  Voung. 
hifth  1 Go y/j- Bernard  PraXte,  Jr.,  Peter  Ambs. 

Sixth  Ward — James  S.  Wilgus,  Dwight  Durkee. 

Seventh  Ward — John  J.  Wilshusen,  Jiisse  W.  Heath. 

Eiqhth  Ward — Davis  Moore,  Horatio  AYood. 

Ninth  IGoy/— Dani(>l  McGill,  (Caspar  Stolle. 

Tenth  Ward — *James  R.  Dobyns,  Nicholas  Hatch. 


MAYORS  AND  COUNCILMEN. 
1859. — Olive II  1).  Filley,  Mayor. 


099 


COUNCILMEN— 

Flrnt  Ward — I'liomtis  Allen,  Henry  Kayser. 

Second  Ward — F W.  CronenLold,  Tliolnas  S.  Nelson. 

Third  Ward — J.  H.  Graefenkainp,  Tlieophile  Fnpin. 

Fourth  Ward—.^.  11.  Shelton  (resigned),  GEORUF  R.  TAYH.OR, 
John  11.  Andi-ews. 

Fifth  Ward — (diaries  It.  Tillson,  Erastns  Wells. 
sixth  Ward — S.  W.  Adreon,  Dwight  Durkee. 

Seventh  Ward — Francis  II.  Manter,  Caspai-  II.  llolthans. 

Eighth  Ward — John  C.  Vogel,  George  Kyler. 

JVinth  Ward — Patrick  Gorman  (resigned),  "Caspar  Stolle,  John  Reilly. 
Tenth  Ward — James  Doyle,  John  Sexton,  Jr. 

1860.  — Oliver  D.  Filley,  Mayor. 

COUNCILMEN— 

First  Ward — Ileiiiy  Kayser  (resigned),  Thomas  C.  Chester,  Joseph 
II.  Locke. 

Second  Ward — Thomas  S Nelson.  F.  W.  Cronenbold. 

Third  Ward  — Tlieophile  Papin  (resigned),  G.  W.  Dreyer,  P.  A. 
Ladue. 

Fourth  Ward — Jotliam  Bigelow,  John  II.  Andrews  (resigned),  Thos. 
Bnrke. 

Fifth  Ward — Erastns  Wells,  Josejih  H.  McBride. 

Sixth  Ward — Dwight  Dnrkee,  S.  VV.  Adreon. 

Seventh  lUarr^— F.  II.  MANTER,  J.  W.  Crane. 

Eighth  Ward — George  Kyler,  John  C.  Vogel. 

Ninth  Ward — Caspar  Stolle,  Isaac  1'.  (jreene. 

Tenth  Ward — John  Sexton,  Jr.  (resigned),  L.  W.  Mitchell,  Thomas 
M.  Speers. 

1861.  — Daniel  G.  Taylor^  Mayor. 

COUNCILMEN— 

First  Ward — Thomas  C.  Chester,  .J.  Galiriel  Woerner. 

Second  Ward — F.  W.  Cronenbold,  Thomas  S.  Nelson. 

Third.  Ward — G.  W.  Dreyer,  John  F.  Thornton. 

Fourth  Ward — Thomas  Bnrke,  Robert  M.  Fnnkhonser. 

Fifth  IFanZ— Joseph  II.  McBride,  FRASTUS  WELLS. 

Sixth  Wan'd — S.  VV.  Adreon,  Dr.  J.  B.  Burnett. 

Seventh  Ward — J.  ML  Crane,  Earl  Matlack. 

Eighth  Ward — John  C.  Vogel,  Robert  Tliornhiirgh. 

Ninth  Ward — Isaac  T.  Greeiu!,  Patrick  Driscoll. 

Tenth  Ward — L.  W.  Mitchell,  Thomas  iM.  Speers. 

1862.  — Daniel  G.  Taylor^  Mayor. 

COUNCILMEN— 

First  Ward—,].  GABRIEL  WOERNER,  John  C.  Rust. 

Second  Ward — Thomas  S.  Nidson,  F.  W.  (h-onenbold. 

Third.  Ward — John  F.  Thornton,  G.  W.  Dnyer. 

Fourth  Ward — Robert  M.  Fimkhouser,  Tony  Niederwieser. 

Fifth  Ward — Erastns  Wells,  John  (Jairns. 

Sixth  Ward — J.  B.  Bui-nett,  Joshua  Cheever. 

Seventh  Ward — Earl  Matlack,  Thomas  J.  Dailey. 

Eighth  Ward — Robert  ThoriAurgh,  Charhis  W.  Horn. 

Ninth  Ward — Patrick  Driscoll,  Solon  Stark. 

Tenth  Ward — Thomas  M.  Speers,  Aaron  W.  Fagin. 

1863. — Ciiauncey  1.  Filley,  Mayor. 

COUNCILMEN— 

First  Ward — John  C.  Rust,  J,  Gabriel  Woerner. 

Second  Ward—V.  W.  CRONENBOLD,  Charles  W.  Gottschalk. 

Third  Ward — G.  W.  Dreyer,  Hermann  Schepmann. 


070 


MAYORS  AND  COUNCILMEN. 


COUNCILMEN— Continued. 

Fourth  Ward — Tony  Niederwicser,  Henry  McKee. 

Fifth  Ward — John  Cairns,  Erastns  Wells. 

Sixth  Ward — Joshua  Cheever,  Samuel  Plant. 

Seventh  Ward — Thomas  J.  Dailey,  Fred.  Doering’. 

Eighth  Ward — Charles  W . Horn,  John  Grether. 

Ninth  TFarrZ— Solon  Stark,  Patrick  Driscoll. 

Tenth  Ward — Aaron  W.  Fagiii,  Benjamin  Charles  (resigned),  Chas. 
Sessinghans  (died). 

1864.  — James  S.  Thomas,  Mayor. 

COUNCILMEN— 

First  Ward — J.  G.  Woerner,  A.  Krieckhans. 

Second  Ward — Charles  W.  Gottschalk,  Henry  C.  Gempp. 

Third  IFarrZ— Hermann  Schepmann,  Amade  Valle. 

Foiin'th  Ward — A.  S.  W.  Goodwin,  Tony  Niederwieser. 

Fifth  Ward — Erastns  Wells,  John  CairiiL 
Sixth  Word — Samuel  Plant,  Joshua  Cheever. 

Seventh  Ward — Jesse  W.  Heath,  Henry  Stagg. 

Eighth  Ward.— JOHN  GEETHEP,  Charles  W.  Horn. 

Ninth  Ward — Patrick  Driscoll,  Daniel  McAulitfe. 

Tenth  Ward — Charles  Schoenbeck,  Charles  Borg. 

1865.  — James  S.  Thomas,  Mayor. 

COUNCILMEN— 

First  Ward — A.  Krieckhans,  Christopher  A.  Stiefel. 

Second  Ward  — Henry  C.  Gempp,  F.  W.  Cronenbold  (resigned), 
Louis  Gottschalk. 

Third  Ward — Amade  Valle,  Hermann  Schepmann. 

Fourth  Ward — Tony  Niederwicser,  A.  S.  W.  Goodwin  (resigned  and 
re-elected) . 

Fifth  Ward — John  Cairns,  Erastns  Wells. 

Sixth  Ward — Joshua  Cheever,  Samuel  Plant. 

Seventh  Wa?rl — Henry  Stagg  (resigned),  John  O’Brien,  Charles  F. 
Walther. 

Eighth  BW— Charles  W.  Horn,  JOHN  GEETHEE. 

Ninth  Ward — Daniel  McAnlifte,  Patrick  Driscoll. 

Tenth  Ward— Charles  Borg,  Charles  Schoenbeck. 


INDEX  TO  CONSTITUTION  OF  MISSOURI 


ACC’USATION,  rigTit  to  (Dniimid  nature  of 15 

AC(JUSEI),  privile.<^ed  from  testifying 15 

ACTIONS,  commenced,  to  continue  under  this  constitution 33 

ACTS,  how  amended,  revived,  or  re-enacted 25 

style  of 25 

ADDliESS  for  removal  of  judges,  liow  made 20 

ADJOUKNXIENT  of  general  assembly,  provisions  concerning 23 

AFFIEXIATION,  wlien  permitted  instead  of  oath 10 

AGE,  general  assembly  prohibited  from  declaring  minors  of 23 

AMEIIK'AN  NATION,  ])eople  of  State  i)art  of 14 

severance  of.  to  ])e  resisted 14 

AMERICAN  UNION,  connection  with 14 

dissolution  of  to  be  resisted 14 

state  inembei’  of 14 

AMENDING  constitution,  mode  of 34 

AMENDMENTS  TO  CONSTITUTION,  how  proposed 32 

vote  on,  how  taken 32 

to  be  published 32 

people  to  vote  on 32 

when  ratified 32 

AUREAL,  from  circuit  and  district  coui'ts 28 

AUUOINTMENT  of  olUcers,  how  inad(‘ 27 

AURORd'IONMENT  of  scmators  and  n'presentatives 22 

AURROURIATIONS  for  army,  how  made 10 

ARMS,  right  to  bear 15 

ARMY',  ai)pi’0})riations  for,  how  made 10 

persons  in  regular,  prohibit(‘d  from  voting 19 

ARRES'F,  voters  privileged  from 20 

ASSEMBLE,  right  to.... 15 

ATTORNEV-A4’-LA\V,  to  take  Oiith 19 

ATd’ORNEY  G ENER  A I.,  ollice  created 20 

qualilications  of 20 

may  b(*  impeach(>d 30 

member  of  board  of  edmaition 31 

AUDITOR,  STATE,  ollice  created 20 

qualilications  of '-^0 

may  be  impeached 30 

style  of 30 

AUDITOR  OF  UUBLIC  ACCOUNTS,  how  styled 30 


(372  INDEX  TO  CONSTITUTION  OF  MISSOURI. 

liATL  not  to  bo  oxcessive IG 

liAIT.ABLE  OFFENSES,  what  to  be IG 

BANKS,  provisions  concerning 30 

not  to  drcnbite  bills 30 

enabled  to  oi-«-anize  under  act  of  congress 31 

BETTING  ON  ELECTIONS,  ])enalty  for 19 

BILLS,  where  to  originate 23 

bow  to  be  read 23 

liow  signed 23 

majority  necessary  to  pass 23 

when  question  taken  on 23 

to  be  presented  to  governor 25 

power  of  governor  concerning 25 

bow  proceeded  on  when  vetoed 25 

to  become  laws  when  not  retnrned 25 

BISHOPS,  to  take  oath 19 

BOAIID  OF  EDUCATION,  created 31 

powers  of. 31 

who  members  of. 31 

BBIBPIRY  AT  ELECTIONS,  i)enalty  for 19 

general  assembly  to  pass  law  against 21 

BRIDGES,  general  assembly  not  to  order 24 

CENSUS,  when  to  be  taken 22 

CERTIORARI,  supreme  court  may  issue  writ  of. 27 

ClI  lEF  M AG  1ST  RATE , who  to  bJ. 24 

style  of. 24 

CHANGING  NAME,  general  assembly  prohibited  from 24 

CHURCH,  no  one  to  have  preference 15 

how  incorporated 15 

CIRCUIT  COURT  OF  ST.  LOUIS  COUNTY,  provisions  for 29 

judges  of,  how  appointed. .7 29 

how  classilied 29 

how  held  in  absence  of  judge 29 

CIRCUIT  COURTS,  created..... 27 

appeals  from 28 

jurisdiction  of. 28 

time  and  place  of  terms  of 28 

to  exercise  control  over  justices 29 

bow  held  in  absence  of  judge 29 

(JIRCUITS,  state  to  be  divided  into 28 

when  not  to  he  changed 28 

-CITIES,  general  assembly  to  authorize  no  railroads  in 24 

genei’al  assembly  not  to  interfere  with  streets  in 24 

how  in(;or})orated 31 

CIVIL  POWER,  militaiy  subordinate  to IG 

CLERGYMEN,  to  take  oath 19 

CLERKS  OF  COUR'I’,  how  appointed  oi‘  elected 29 

t(‘rm  of  ollice  of : 30 

maximum  of  emoluments  of 30 


INDEX  TO  CONSTITUTION  OF  MISSOUlil. 


r()rJ.K('''r()RS,  inclio-iblo  to  ass(Mnbly 

asscMubly  not  to  i^rant  oxt(*iision  to 

(''OLOIt,  no  (lis(inalilk*ation,  when 

( 'OMMISSIONS  of  ollicers,  liow  niado  out 

(’OMMl'NICA'IMON  of  tlion.irlit,  ri^jlit  of. 

OOM.MUTA'riOX  of  pnnislinunit,  who  may  grant 

CO^rrKXSATIOX,  of  governor,  how  tixed 

of  lieutenant  governor 

of  g('nei‘al  a.«senil)iy 

of  judges,  bow  lixed 

CONCURRENT  RESOLUTIONS,  to  be  ])resented  to  governor. 

])roeeedings  on "! 

CONOREOATION,  religious,  liow  incorporated 

conveyances  to,  void 

(AINGRESSMEN,  ineligible  to  general  assembly 

(CONSCIENCE,  lil)erty  of,  secured 

CONSERVATOR  OF  THE  PEACE,  governor  to  be 

judges  to  be 

CONSTITUTION,  ordained,  preamble 

how  created  and  abolished 

what  to  conform  to 

general  assend)ly  nui}"  re])eal  part  of. 

how  amended 

when  to  take  etfect 

election  on  ado])tion  of. 

(CONSTITUTION,  AMENDMENT’S  TO,  how  proposed 

vote  on,  how  taken 

to  be  j)ub]ished 

l)eopl(‘  to  vote  oji 

when  l atilied 


22 

24 


27 
16 
..  25 
..  25 
..  26 
..  23 
..  29 
..  25 
..  25 
..  15 
..  15 
..  22 
..  15 
..  25 
..  28 
..  14 

..  14 

...  14 
..  20 
..  34 
..  34 
..  35 
..  35 
,.  35 
..  35 
..  35 
..  35 


CONSTITin’lON  OF  THE  UNIT’EI)  STATES,  allegiance  to 15 

( ’ONTEST’EI)  ELE(,’T'I()N,  of  Ooveiaior  and  Lientenant  Gov(*rnor, 


how  tried 26 

of  State  ollicers,  howti-i(‘d 26 

of  sherilf,  how  trical 27 

of  coroner,  how  tried 27 


of  judges  of  snpiaMiie  court,  bow  tried 28 

of  judges  of  circuit  courts,  how  tried 28 

(’ONT'RACT',  color  no  dis(tnali1ication  to 14 

CONT'RA(C'rS.  to  snpi)ort,  church,  etc.,  binding 15 

laws  imt)alring,  ])robibit(“d 16 

(’ONVENT'ION,  vole  for  may  b(;  ordercMl 34 

wIkmi  and  how  calk'd 34 


(Tection  for,  how  condnct<*d 

powers  of 

('ON VKVITON , certain,  not  to  woik  (rorrnption  of  blood. 

CORONERS,  ntlice  created 

qualitications  of. 

term  of  otlic.e  of 

when  governor  mav  a[)point 

4a 


34 


34 

16 

26 

26 

26 

2(; 


074  INDEX  TO  CONSTITUTION  OF  MISSOURI. 


( -OKONERS — Continued. 

to  ^ive  sociirity 26 

vacancy  in  office  of,  how  tilled 27 

election  of. 27 

contested  election  of,  how  tried 27 

CORPORATIONS,  provisions  concernino- 30 

not  to  issue  or  circnlate  Ihlls 30 

acts  creatino-,  not  to  be  revived,  wlien 30 

how  created 31 

laws  concerning  subject  to  ainendnient 31 

CORPORATIONS,  MUNICIPAL,  how  created 31 

CORPORATIONS,  PRIVATE,  how  dues  of  secured 31 


liability  of  stockholders  in 31 

C'ORPORATIONS,  RELIGIOUS,  prohibited 15 

CORRUPTION  OF  BLOOD,  prohibited 10 

COL^NSEL,  right  of  accused  to 15 

COUNSELORS  AT  LAW,  to  take  oath ID 

COUNTIES,  establishinent  of,  prohilhted,  when 24 

COUNTV  COURTS,  to  district  counties 21,  22 

to  till  certain  vacancies 27 

to  decide  certain  elections 27 

to  be  established 30 

jurisdiction  of. 30 

COUNTY  SEATS,  not  to  be  removed 24 

COURTS,  to  be  open 15 

provisions  concerning 27 — 30 

general  assembly  to  create  certain 27 

CREDIT  OF  STATE  not  to  be  loaned 33 

CRIME  to  work  no  forfeiture 10 

CRIMINAL  PROSECUTION,  rights  in 15 


DEACONS,  to  take  oath 10 

DECLARATION  OF  RIGHTS 14—10 

DEEDS,  general  assembly  not  to  give  <*ffect  to  certain 24 

DENOMINATIONS,  religious,  conveyances  to,  void 15 

DISQUALIFICATION,  color  not  to  subject  to 14 

of  voters 17,  10 

of  voters,  how  removed 20 

DISTINCTIONS,  hereditary,  prohibited 1(5 

DISTRIBUTION  OF  POWERS 21 

DISTRICT  COURTS,  created 27 

how  (‘omposed 2S 

jurisdiction  o-f 2S 

api)eals  from 28 

DISTRICTS,  of  sui)rem(‘ court,  how  fixed 27 

DIVIDENDS,  certain,  to  l)e  ai)i)lied  to  school  fund 31 

DIVISION  OF  SUPREME  COURT,  ])rovisions  concerning.. 28 

DIVORCE,  genei-al  asscmihly  not  to  enact 23 

DUEL,  persons  engagc'd  in  ineligible  to  ollice 33 


INDEX  TO  CONSTITUTION  OF  MISSOURI. 


f)75 


EDITCATION,  color  not  to  hinder  aciquiring  of 14 

l)ro visions  concei'iiin^ IK) — 32 

funds  for,  to  be  applied  to  school  fund 31 

EDUCATION,  BOARD  OF,  created 31 

powers  of 31 

inenil)ers  of. 31 

ELECTION  of  otlicers  of  general  assembly 24 

ELECTION  RETURNS  of  certain  officers,  how  made 26 

El.ECTIONS,  to  be  free  and  open 15 

to  be  by  ballot 16 

liow  long  to  continue 16 

when  to  be  held 16 

bribeiy  in,  penalty  for •. 19 

persons  betting  at,  not  to  vote 19 

who  may  vote  at 19 — 20 

contested,  how  tried 26 

EMANCIPATED  PERSONS,  how  apprenticed 33 

EMOLUMENT,  hereditary,  prohibited 16 

of  clerks,  maximum  of. 30 

ESCHEATED  LANDS,  ETC.,  to  go  to  school  fund 31 

ESTRAYS,  proceeds  of,  to  go  to  school  fund 31 

EVIDENCE,  accused  not  to  give  against  himself 16 

EX-POST-FACTO  LAWS,  prohibited '. 16 

EXCESSIVE  BAIL,  prohibited 16 

EXCESSIVE  FINES,  prohibited 16 

EXECUTIVE  DEPARTMENT 24 

EXECUTIVE  POWER,  how  vested 24 

EXPENDITURES,  account  of,  to  be  published 33 

FELONY,  attainder  of,  prohibited.. 16 

FINES,  to  go  to  school  fund 31 

E()RFEITURE  of  estates,  when  allowed 16 

FORFEITLTIES,  to  go  to  school  fund 31 

FREFi  SCHOOLS,  general  a.ssembly  to  establish 31 

may  be  separate  for  colored  children 31 

GENERAL  ASSEMBLY,  may  chatige  time  of  elections 17 

to  ])rovide  for  vote  of  absenh^es 20 

may  repeal  certain  part  of  constitution 20 

certain  vote  of,  how  taken 21 

to  enact  penalties  against  bribery 21 

how  compo.sed 21 

to  ascertain  ratio  of  rei)reseutation 21 

who  ineligible  to 22 

vacancies  in,  how  tilled 22 

eomi'ensatlon  of  members  of. 23 

quorum  of  each  house  of. 23 

members  of,  prlvihyed  from  arrest ; 23 

powers  of  each  house  of. 23 

each  house  of,  to  publish  journal 23 

when  to  take  yeas  and  nays.... 23 


67G  INDEX  TO  CONSTITUTION  OF  MISSOURI. 

GENERAL  ASSEM BLA^—  Continued . 

sessions  of,  to  be  open 23 

juljourninent  of,  liow  determined 23 

either  lionse  of,  may  originate  bills 23 

prohibited  from  passing  certain  laws 23 

to  pass  general  laws 24 

to  authorize  no  lotteiy 24 

to  allow  no  compensation  for  slaves 24 

prohibited  from  removing  comity  seats 24 

when  to  reduce  or  establish  new  comities 24 

to  provide  for  suits  against  State 24 

time  of  meeting  of 24 

governor  may  convene 2.") 

powers  of,  at  called  sessions 25 

to  decide  certain  contested  elections 20 

to  fix  disti-icts  of  supreme  court 27 

to  provide  for  terms  of  circuit  courts 28 

to  provide  for  election  of  judges 28 

may  increase  number  of  judges 29 

to  carry  out  certain  provisions 30 

to  prohibit  issue  of  bills 30 

not  to  revive  certain  acts 30 

to  enable  banks  to  organize  under  act  of  congress 31 

to  provide  for  sale  of  certain  stock 31 

to  establish  state  university 31 

to  direct  investment  of  school  fund 32 

may  compel  attendance  at  school .32 

may  levy  school  tax,  when 32 

to  distribute  school  fund 32 

to  provide  for  oi'ganizing  militia 32 

to  provide  for  pay  of  militia 32 

not  to  interfere  in  land  titles 32 

may  repeal  ordinances  of  conventions 33 

to  provide  for  certain  indictments 33 

to  prohibit  cities,  etc.,  from  taking  certain  stock 33 

lirohibited  from  releasing  certain  liens 33 

liroceedings  in.  to  amend  (*onstitution 34 

may  order  vote  to  call  convention 34 

(lENEHAL  LAWS,  general  assembly  may  pass 24 

GIFTS  TO  STATE,  to  go  to  school  fund 31,  32 

GOD,  right  to  worship 15 

GOSPEIj,  no  one  to  be  compelhal  to  maintain  minister  of 15 

contracts  to  maintain  minisb'r  of,  binding 15 

GOVEB.NMEN'r,  established,  preamble 14 

liovv  originating 14 

who  to  regulate 14 

GOVEBNMENT  OF  4dIE  UNITED  Sd'ATES,'  allegiance  to 15 

GOVEBNOB,  wlien  to  issue  writ  of  ekatlion 22 

to  be  chi(;f  maglstrab' 24 

executive  power  vested  in 24 


% 

INDEX  TO  (HmSTITUTION  OF  MISSOUIIL  (>77 

GOVIOIINOK — Continued. 

(lunliticiilions  of. 24 

t('iiu  of  ollicio  of. 24,  25 

liow  elo(*t('(l 24 

when  to  bo  eligible 25 

to  bo  ooiuiuandor-iii-oliiof  of  militia : 25 

par(loi)iii.<i:  power  of 25 

to  distribute  and  execute  laws 25 

to  coinmuiiicatc  to  general  assembly 25 

may  eouveue  general  assembly 25 

may  till  vaeancies 25 

powers  of,  coneerning  bills 25 

l)Owers  of,  concerning  resolutions 25 

com])ensation  of,  bow  fixed 25 

vacancy  in  ollice  of,  how  tilled 26 

contested  election  of,  how  decided 26 

may  appoint  sherilfs  and  coroners,  when 26 

to  commission  officers 27 

to  till  vacancies  in  supreme  court,  when 28,  29 

may  reipiire  opinion  of  supreme  court 28 

to  till  vacancies  in  circuit  courts,  when 28,  29 

ma\^  be  im])eached 30 

may  aiipoint  officers  of  militia,  when 32 

to  issue  writs  of  election  for  convention 34 

to  proclaim  result  of  certain  vote 34,  36 

til’IEYANCES,  right  to  apply  foi-  redress  of. 15 

il  AHEAS  COllPUS,  suspension  of  writ  of,  iirohibited 16 

snin-eme  court  may  issue  writ  of. 27 

HAPPINESS,  right  to  pursuit  of,  secured 14 

IIEIIEDITAIIY  EMOLUMENTS,  inohibited 16 

privileges,  prohibited 16 

HOUSE  OE  llEPlvESEN'l'A'ri  VES,  ])art  of  general  assembly 21 

how  composed  and  electial... 21 

quorum  of. 23 

may  (*omi)el  attendanci;  of  membeivs 23 

may  appoint  its  officers.. 23 

to  Judgci  (jualitications  of  memlxu's 23 

to  del(‘rmin(“  its  lades  of  proceeding 23 

may  punish  for  contempt 23 

may  c'Xpel  numibers 23 

to  publish  its  journal 23 

wluMi  to  tak(*  yeas  and  nays 23 

s(‘ssions  of,  to  b(‘  open 23 

not  to  adjouiai  without  S(*nate 23 

may  originate  bills 23 

sp(‘ak(M-  of,  to  sign  bills 23 

speaker  of,  when  to  act  as  governor 26 

may  r(‘([uire  ojiiinon  of  supieme  court 28 

has  jiower  to  im])each 30' 


678  INDEX  TO  CONSTITUTION  OF  MISSOURI. 

ILLEGAL  ACTS,  geiierjil  as.soinhly  not  to  let^nlizo 24 

IMPEA(nrMf:NT,  wlio  liable  to 80 

judgment  in,  what  to  extend  to 80 

who  to  resolve 80 

who  to  try 80 

vote  to  eonviet  in ; 80 

IMPRISONMENT  FOR  DEBT,  prohihited 10 

INDKVrMENTS,  how  to  eonelnde 10 

hei-etofoi'e  found,  how  proceeded  on 88 

INFERIOR  COURTS,  general  asseinhly  may  enjate 27 

api)eals  from.... 28 

Juiisdiction  of 80 

INJURIES,  remedies  for.  to  he  certain 15 

INVOLU.NTARY  SERVITUDE  prohihited 14 

JEFFERSON  CITY,  to  he  seat  of  government 88 

JEOPARDY,  parties  accinitted  not  to  he  put  in 10 

JOIN!'  RESOLUTIONS,  to  he  presented  to  governor 25 

l)roceedings  on 25 

JUDGES  OF  ( JRCUIT  COURTS,  election  of. 28 

term  of  oflice  of. 28 

to  he  conservators  of  the  peace 28 

vacancies  in  oflice  of,  how  tilled 28,  2!) 

qualifications  of 21) 

may  he  removed  h}^  address 20 

compensation  of. 2f) 

may  he  impeached 80 

JUDGES  OF  COURTS,  may  he  impeached JO 

JUDGES  OF  ST.  LOUIS  CIRCUIT  COURT,  how  appointed 20 

how  classifi(!d 20 

how  elected 20 

JUDGES  OF  SUPREME  COURT,  term  of  oflice  of 27 

election  of. 27 

classification  of 27 

qualifications  of. 20 

may  he  removed  hy  address 20 

compensation  of. 20 

may  he  impeached JO 

JUDICLYL  CIRCUITS,  when  not  to  he  changed 28 

JUDICIAL  DEPARTMENT,  how  vested 27 

JURY,  right  of  ti-ial  hy,  inviolate 15 

JUS'riCE,  how  to  he  adiiiinish'red 15 

JUSTICES  OF  THE  PEACE,  provision  for JO 

LABOR,  enjoyment  of  fruits  of  secun'd 14 

LANDS,  pi-oceeds  of,  to  go  to  school  fund Jl.  J2 

LANDS  OF  NON-RESIDEN4\S,  how  taxed J2 

LANDS  OF  UNrrED  SJ'ATES  not  to  he  tax(Ml J2 

LAWS,  certain,  prohihihal h* 

to  l•emain  in  force  under  new  constitution JJ 


f 


INDEX  TO  CONSTITUTION  OE  MISSOUHI. 


LA  \VS — Continued. 

how  aiiKMukHl,  revised,  re-i'iiueUal '.i-i 

style  of. 

to  i-(d:ite  to  one  subject  only 24 

subject  of,  to  be  expressed  iu  title 2f 

wbat  pai-t  of  void ' 24 

o’overuor  to  distribute  aud  execute 25 

LEGISLATIVE  DEEAirrMENT 21 

LEGISLATIVE  POWER,  bow  vested 21 

LlIVEL,  bow  defended  

LIRERTY  OF  CONSCIENCE,  secui-ed 1”)  ' 

LIBERTY  OF  SPEECH  AND  PRESS,  secured 10 

LICENTIOUSNESS,  liberty  of  conscience  not  to  excuse Ul 

LIEUTENANT  GOVERNOR,  provisions  coiiceriiiiig 20 

to  be  president  of  senate 20 

may  dtd^ate  iu  committee 20 

give  deciding  vote 20 

when  to  act  as  governor 20 

compensation  of  20 

contested  election  of,  bow  decided 20 

may  be  impeacbed 00 

not  to  preside  when  governor  is  impeacbed 00 

LIFE,  RIGHT  TO,  bow  secured 14,  15 

LOT'rERY,  general  assembly  prohibited  from  authorizing 24 

LOTTERY  TICKETS,  sale  of  prohibited 24 

LOYALTY,  OATH  OF  IS 

who  to  take 18,  19,  20 

etfect  of  not  taking IS 

bow  tiled 19 

penalty  for  not  taking 

penalty  for  taking  falsely 19 

MANDAMUS,  supreme  court  may  issue  writ  of. 27 

MARINES,  regular,  not  to  vob* 19 

MEETING  OF  GENERAL  ASSEMBLY,  time  of. 24 

MEMBERS  OF  (’ONGRESS.  ineligible  to  general  assembly 22 

MILITARY",  provisions  coiujerning 1(5 

MILTTARY"  AUTHORITY",  acts  done  under,  not  to  be  prosecuted,  O.S 

M ILITIA,  who  to  serve  in 92 

general  assembly  to  provide  for  organization  of. 92 

otb(*ers  of 92 

governor  to  be  commander-in-cbief  of. 25 

MINISTERS  OF  4'IIE  GOSPEL,  to  tak<'  oath 19 

no  one  com])(‘lb‘d  to  maintain 15 

contracts  for  snppairt  of.  binding 15 

c-onveyances  to.  void 15 

MINORS,  gcnuM-al  assinnbly  not  to  declare  of  age 29 

general  assembly  not  to  ordia-  sab*  of  projXM-ly  of. 29 

MISSISSIPPI  RIVER,  jurisdiction  over 92 

to  be  common  highway 92,  99 

MONEY",  bow  drawn  from  treasury 99 


680  INDEX  TO  CONSTITUTION  OF  MISSOURI. 


NAME  OF  PERSON,  general  assembly  proliibitcd  from  cliaii<ifiii^...  23 

NAVY,  persons  in,  not  to  vote 19 

NORILITY,  title  of,  prohibited 1(5 

NON-RESIDENTS,  lands  of,  how  taxed 32 

OATH,  voters  to  take 18 

of  voters,  form  of 18 

not  eonelnsive  of  ri^ht  to  vote 18 

OATH  OF  I.OYALTY,  form  of. 18 

who  to  take 18,  19,  20 

elfeet  of  not  taking 18 

how  tiled 19 

penalty  for  not  taking 19 

penalty  for  taking  falsely 19 

OATH  on  voting  on  new  constitution 35 

OATHS,  may  be  by  affirmation 19 

OFFENSES,  bow  proceeded  against 16 

OFFICE,  persons  holding  under  United  States,  ineligible 33 

term  of,  of  officers 33 

OFFICERS,  to  take  oatli  of  loyalty 18 

to  take  additional  oath 19 

certain,  ineligible  to  general  assembly 22 

general  assembly  not  to  legalize  certain  acts  of. 24 

how  commissioned 27 

how  appointed 27 

OPINIONS,  right  of  communicating 16 

of  supreme  court  to  be  published : 28 

ORDER,  RELIGIOUS,  conveyances  to,  void 15 

ORDINANCES,  general  assembly  may  repeal  certain 33 

ICVRDONS,  who  may  grant 25 

how  granted 25 

PENALTIES,  to  be  placed  to  credit  of  school  fund 31 

PENALTY  for  refusing  to  take  oath  of  loyalty , 19 

for  falsely  taking  oath  of  loyalty 19 

for  bribery  at  elections 19 

for  perjury 19 

PERJURY,  penalty  for 19 

general  assembly  to  enact  laws  punishing 21 

P E T IT  I ( )N , ri gl 1 1 of,  secured 15 

POITTICAL  POWER,  how  derived  and  vested 14 

POWERS,  distribution  of 21 

PREACHERS,  conveyances  to,  void 15 

PRESIDENT  OF  SENATE,  when  to  act  as  governor 2(> 

compensation  of. 2(5 

PRESS,  liberty  of,  secured 1<> 

PRIESTS,  to  take  oath 19 

PRIVATE  PROPERTY,  not  to  be  taken  without  conpxMisalion 15 

PROCESS,  how  to  run 30 

how  attesled 30 


INDEX  TO  (H)NSTITUTr()N  OE  MISSOURI.  G81 

PR()l’Eiri"S',  color  not  to  dissnhlo  IVom  lioldiii^ 14 

liow  to  1)(*  tn\(“d H) 

noiu'  (‘X(“inpt  troni  tiixatloii  ‘24,  lit 

1*K()SE('U4M()XS,  ci-iiniiial , ri»-hts  of  accused  in lo,  1(5 

for  lilx'l,  how  dcfcnih'd Id* 

to  continue  under  this  constitution 8.‘3 

PUBLIC  LANDS,  proceeds  of  to  g-o  to  school  fund 31 

PUNISHMENT,  coloi*  to  caus('  no  ditfercnce  in 14 

ciaicl  or  nnusnal,  i)rohihitcd 10 

PURSUIT  OE  HAPPINESS,  right  to,  secured 14 

QUALIFICATION  of  voters It),  20 

of  senators 22 

of  rejiresentatives 21 

of  governor > 24 

of  secretary  of  state 26 

of  state  auditor 26 

of  treasure!' 26 

of  attoi-ney  genej-al 26 

of  sheriffs 26 

of  coi'oners 26 

of  judges  of  supreme  court 20 

of  judges  of  circuit  courts 20 

QUO  WARRANTO,  supreme  court  may  issue  writ  of 27 

QUORUM,  of  houses  of  general  assend)ly 22 

power  to  compel  attendance  of. 23 

of  supreme  court 27 

RAITjROADS,  general  assend)ly  not  to  establish  in  cities 24 

RATIO  of  representation 21 

REAL  ESTATE,  general  assembly  not  to  (Miact  sale  of 23 

RE('EIPTS  AND  EXPENDITURES,  account  of,  to  be  published,  33 

REDRESS  of  grievances,  i-lght  to  a[)i)ly  for La 

REtJISTER  OF  LANDS,  ollice  to  continue,  how  long 36 

REC IS4’R ATION  OF  ^'OTERS,  general  assembh^  to  provide  for...  17 

to  be  evidence  of  ([ualilication 18 

how  to  be  mad(‘ 18 

RE.IEt^TED  V04'ES,  to  be  ceititied  18 

RELICION,  contiau'ts  in  furtherance  of,  valid 15 

no  one  (‘omiadhal  to  maintain  teachei*  of. 15 

RELICIOUS  CORPORAd'ION,  prohibited 15 

RELKJIOUS  OPINION,  not  to  dis(pialify 15 

RELIOIOITS  SOCIE4A',  how  incori)orat(Ml 15 

gifts  to.  void  15 

RELKJIOUS  WORSHIP,  coloi-  not  to  subject  to  i-esti-iction  in 14 

REMIH)^'  for  injuries,  to  lx*  crei-tain 15 

REMONS'I’R ANCE,  right  of,  secured 15 

REPRESEN4'.\4'ION.  ratio  of 21 

REPRESENTA4'I\’E  DISTRICTS,  how  divided 21,  22 

REPRESENTATIN'ES,  (‘lection  of. 21,  22 

(lualilications  of. 21 


G82  INDEX  TO  CONSTITUTION  OF  MISSOURI. 


RK  PJJ  ESE  NT  A T IVRH— Continued . 

removing’  from  district,  effect  of 22 

■ineligible  to  appointive  otlice 22 

l)iivileges  of 23 

compensation  of. 23 

If  E Pit  I V E S . who  may  grant ’ 25 

IIESOLUTION.S,  concurrent,  to  be  presented  to  governor 25 

JfESTlIAINTS,  coloi-  not  to  subject  to 14 

RETROSPECTIVE  LAWS,  prohibited 10 

RIGHT,  how  to  be  administered 15 

of  conscience,  secured 15 

of  suffrage 1(5 

RIGHTS,  declaration  of 14 

ROADS,  general  assembly  not  to  change  by  special  act 24 

SCHOOL,  general  assembly  may  compel  attendance  at 32 

tax  for  support  of,  may  be  levied 32 

SCHOOL  FUND,  how  derived 31 

how  invested 31,  32 

general  assembly  to  direct  investment  of. 32 

districts  and  counties  to  receive,  when 32 

how  disti-ibuted 32 

SCHOOLS,  FREE,  to  be  estahlished 31,  32 

for  colored  childreii 31 

SCHOOLS,  PURLIC,  superintendent  of,  to  be  elected 31 

SEAL  OF  STATE,  how  kept 2(5 

SEARCH  WARRANTS,  how  to  be  Issued 1(5 

SEARCHES,  um-easonable,  prohibited 1(5 

SEAT  OF  GOVERNAIENT,  estaldished 33 

SECRETARY  OF  STATE,  oflice  created 2(5 

qualifications  of. .j 2(5 

election  returns  to  be  made  to 2(5 

to  keep  state  seal 2(5 

to  authenticate  pul)li('  acts 2(5 

to  register  pul)lic  acts,  2G 

to  authenticate  commissions 27 

may  be  impeached 30 

mem])er  of  board  of  education 31 

SECT,  RELIGIOUS,  to  have  no  preference 15 

conveyances  to,  void 15 

SEIZIH’ES,  unreasonable,  prohibit(‘d 1(5 

SENATE,  part  of  genei-al  ass(Mid)ly 21 

how  composed 21 

quorum  of 23 

may  comi)el  attendance  of  members 23 

to  appoint  its  officers 23 

judge  of  quallllcatioiis  of  memlxu’S 23 

to  def(*i’miuG-  I’uh's  of  proceeding 23 

may  i)unisb  for  (tontempt 23 

may  exi)el  memlx'rs 23 


INDEX  TO  (H)N8TlTUTr()N  OF  MISSOURI.  m) 

S I'j  N A^rE— . 

to  keep  niul  })ul)lisli  journal 2:i 

to  take  vote  by  yeas  and  nays,  wlien 23 

sessions  of,  to  be  open 23 

bow  to  adjoniai — 23 

may  originate  bills 23 

l)resident  of,  to  si^n  bills 23 

lieutenant  governor  to  preside  over 2(5 

president  of,  to  act  as  governor,  when 2G 

compensation  of  president  of. 20 

niaj^  require  opinion  of  supreme  court 28 

to  try  impeacliments 30 

SENATORIAL  DISTRICTS,  in  counties 22 

how  apportioned 22 

may  be  altered 22 

provisions  concerning 21,  22 

to  be  numbered 22 

SENATORS,  election  of. 21,  22 

qualifications  of 22 

classification  of. 22 

removing  out  of  district,  effect 22 

not  eligible  to  certain  offices 22,  23 

privileges  of 23 

compensation  of 23 

SERVITUDE,  involuntary,  prohibited 14 

SLAVERY,  probibited...^ 14 

SI.AVES,  general  assembly  to  allow  no  compensation  for 24 

SIIERIPFS,  office  created 20 

qualifications  of. 20 

to  give  security 2() 

when  governor  may  api)oint 20 

term  of  office  of. 2(5 

vacancy  in  office  of,  how  filled 27 

election  of. 27 

contested  election  of,  how  tried 27 

SDCIETY,  religious,  how  incor])orated 15 

conveyances  to,  void 15 

SOLDIERS,  regulars,  not  to  vote 10 

liow  quartered 1(5 

SPEAKER  OF  HOUSE,  when  to  act  as  govciuor 20 

SPECIAL  AUTS,  general  assembly  not  to  pass  certain 23,  24 

SPECIAL  ELECTION,  when  not' to  be  held 17 

SPEECH,  libia-ty  of,  secured 10 

STATE,  credit  of,  not  to  he  loaned 33 

not  to  hold  stock  in  c(*rtaiu  corporations 33 

STATE  AUDITOR,  who  to  be  styled 30 

STATE  UNI\' ERSITY , general  assemblv  to  estabilsh 31 

STATUTE  LAWS,  how  to  remain  in  fonte 33 

ST.  LOUIS  (3)UNTY",  to  form  Judicial  circuit 29 

SUFFRAGE,  l ight  of, 10 


G84  INDEX  TO  CONSTITUTION  OF  MISSOURI. 


SUrCIDE,  esbit(i  of,  how  vesh'd IG 

SUPIIEME  ("OURT.  created 27 

jurisdictioii'of 27 

to  control  iiif(a-ioi‘  coui'ts 27 

powers  of 27 

liow  eoinj)osed 27 

quormn  of 27 

judges  of,  to  be  conservators  of  the  peace 27 

districts  of. 27 

term  of  ottice  of  judges  of. 27 

election  of  Judges  of 27 

classitication  of. 27 

vacancy  in,  liow  tilled 28,  29 

contested  elections  for,  how  tried 28 

may  appoint  special  judges,  when 28 

who  may  re(piire  opinion  of. 28 

V 

TxVX,  general  assemhlv  may  levy  for  sn})poi-t  of  schools 82 

not  to  he  imposed  on  lands  of  I’nited  States 32 

TAXATIOX,  power  of  general  assem])ly  concerning IG 

no  property  to  he  exempt  from 24,  84 

TAXES,  collecting,  time  for,  not  to  he  extended 24 

TEAf'IlERS  OE  KELKITOX,  none  compelled  to  support 15 

contracts  for  support  of,  binding 15 

conveyances  to,  void,  when 15 

THOUGHT,  right  to  communicate IG 

TITLES,  certain,  prohibited IG 

TOWNS,  general  assem])ly  not  to  interfere  in  streets,  etc.,  of. 24 

general  assembly  not  to  authorize  railroads  in 24 

TREASON,  what  to  constitute IG 

no  one  to  be  attainted  of. IG 

may  work  forfeiture  of  estate IG 

governor  i)i'ohi])ited  from  i)ardoning 25 

TRIAL  by  jury,  right  of,  inviolate 15 

TREASURER,  state,  ollice  ci‘(aited !2G 

(pialilications  of. 2G 

may  l)e  impeached 80 

TREASUIvY,  how  money  to  l)e  drawn  trom  88 

UNION,  American,  connection  with 14 

state  to  be  member  of. 15 

dissolution  of.  to  be  resisted 15 

UNITED  STATES,  lands  of,  not  to  be  taxed 82 

persons  holding  ollice  under,  ineligible 88 

UNIVERSITY,  general  assembly  to  (vstablisli.. 81 

UNREASONABLE  seai’ches,  pi-ohibited  IG 

si'izures,  prohibited 1<» 

VA('AN(TES,  when  governor  may  till 25 

VACANCA'  in  ollice  of  govei’iior.  how  tilh'd  2G 

in  ollice  ol  sberilf  or  coronei',  how  tilled 27 


INDEX  TO  (’ONS'lT'rU'ITON  OE  MISSOURI. 

VAC  A X C Y' — Continued . 

ill  siipiTiiio  eoiirt,  how  tilled 25,  29 

ill  eirciiit  court,  how  tilled 28,  2t> 

VK'ro  of  »-ovenior 25 

VIVA  VOCE,  what  votes  to  he  ^iveii 24 

VOTE  oil  coii.stitiitloii,  ])rovisioiis  coiiceriiiiig 54,  55 

VO'J'EKS,  disipialilicatioii  of 17,  19 

registration  of,  to  he  provided  for 17 

to  take  oath  18 

form  of  oath  of 18 

oath  of,  not  eonclusive  of  right  to  vote 18 

who  to  determine  riglit  of,  to  vote 18 

rejected  votes  of,  to  be  registered  18 

qiialilication  of 19,  20 

absent  from  state,  how  to  vote 20,  55 

privileged  from  arrest..... 20 

disipialitication  of,  how  removed 20 

oath  of,  on  new  con.stitiition 55 

penalty  for,  on  taking  false  oath.. 55 

WAGERS,  persons  interested  in,  not  to  vote 19 

WARRANTS,  how  to  be  issued 1(5 

WILES,  general  assembly  not  to  give  ellect  to 24 

WITNESSES,  color  no  disqualiticalion  to 14 

right  of  parties  to  16 

WORSIIIR,  religious,  color  not  to  subject  to  restriction  in 14 

no  one  comiielled  to  su[)[)ort  place  of. 15 

no  ])reference  to  be  given  to  any  mode  of : 15 

WRITE,  liberty  to 16 

WRrrS,  supi-eme  (tourt  may  issue  certain 27 

how  to  lun 50 

how  attested 50 

to  contimui  under  new  constitution 55 

of  Juiheas  corpus^  susjiensiou  of  iii’ojiibiti'd  16 

of  habeas  corpus^  sujireme  court  may  issue 27 


YEAS  AND  NAYS,  when  to  be  talum 


25,  25,  54 


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INDEX  TO  CHA]{TERS  AND  LAWS. 


ABANDOXKI)  CIIILDRKX,  may  be  eommitted  to  bouse  of  refuge...  25:? 

AlbSENT  AIEAIBEl’S,  power  of  eouueil  to  compel  atteiidance  of. 181 

ABSTRACT  of  proceedings  of  council,  to  be  published 182 

xVCTlONS,  for  real  estate,  limitation  of,  against  city 179 

by  city,  to  be  in  name  of  city  of  St.  Louis 279 

ADVANCE  FAY  for  gas,  limitation  on 227 

AFFRAY",  otfense  described 255 

penalty  for 250 

ALCOHOL,  common  council  may  ])rovide  for  inspection  of 189 

AIiLEY"S.  powers  of  common  council  concerning 180,  190 

proceedings  to  open 200,  201,  202 

comtnoii  council  may  order,  to  be  cleaned  and  paved 200 

cost  of  paving  and  repairing,  bow  paid 203,  204 

duty  of  engineer  to  keep  in  repair 203 

common  council  to  order  grading  and  paving  of,  when 203 

AMUSEMENTS,  i)Ower  of  common  council  to  license,  etc 187 

APPEALS  fi’om  justices  in  suits  on  deliiuiuent  tax  bills 223 

APPOINTMENT  OF  OFFICERS,  common  council  to  provide  for...  189 

APPROPRIATION  BILLS,  yeas  and  nays  to  be  taken  on 182,  183 

vote  necessary  to  pass 183 

APPROPRIATIONS,  FOR  POLK’E  IMJRPOSES,  Cf)mmon  council 

to  make 212,  247 

maximum  of. 212,  247 

bow  to  be  made 247 

APPROPRIATIONS,  common  council  to  make  certain 212 

for  wharf,  bow  to  be  api)lied .* 212 

for  special  ol)jects,  howto  be  aj)pUed 212 

not  to  exceed  income  of  preceding  fiscal  year 212 

exceeding  amount  on  band,  probibib'd 213 

to  be  diverted  by  oi-dinance  only 213 

amount  of,  to  be  repoj-ted  to  common  council 213 

At^IJEDUCTS,  power  of  common  council  to  lay 232 

ASSESSMENT  OF  PROPERTY,  bow  to  be  made 220 

duty  of  assessor  when  made  in  wrong  name 221 

duty  of  assessor  when  omitted 221 

ASSESSOR,  office  created 195 

duties  of 19(5,  205,  220,  221 

AUCTIONEERS,  powers  of  common  council  to  tax,  etc 187 

AUDITOR,  to  be  elected 195,  19(5 

term  of  office  of. 195 

office  of  created 195 


f;88  INDEX  TO  CHARTERS  AND  LAWS. 

AUl ) TTOR — Co7ifinued . 

duties  of. 195,  196 

to  report  Hiiiouiit  of  revenue,  etc.,  wlieii 213 

books  of,  to  lie  evidence  against  delinquent  otRcer 214 

AVENUES,  powers  of  common  council  concerning 186,  190 

proceedings  to  open 200,  201,  202,  203 

(See,  also,  Streets.) 

AVPlllAGE  BILLS,  gas  company  proliibited  from  making 228 

AYP^S  AND  NOES,  when  common  council  shall  take 182,  183 

BAR-ROOMS,  ma,y  be  ordered  to  be  closed,  when 260 

BAWDV-IIOUSES,  power  of  common  council  to  suppress 188 

BIlEF,  power  of  common  council  to  cause  to  be  inspected 189 

BELLPIFONTAINE  RAILWAY  COMPANY,  incorporation  of 266 

BENEPM'rS,  on  opening  streets,  etc.,  bow  assessed 201 

to  be  lien  on  projierty  until  jiaid 201 

BILLIARD-TABLIilS,  power  of  common  council  to  license,  etc 187 

BILLS,  when  common  council  shall  take  ayes  and  noes  on 182,  183 

to  be  read  on  three  days 183 

to  be  presented  to  mayor 183 

how  passed  when  vetoed 183 

to  become  laws  when  not  returned  by  mayor 183 

vote  necessary  to  pass  certain 183 

for  borrowing  money,  how  passed 191,  192 

BOARD  01^  HEALTH,  how  constituted 186 

BOARD  OF  MANAGERS  OF  HOUSE  OF  REFUGE,  bow  com- 
posed  252 

powers  and  duties  of 251,  252,  253 

BOARD  OF  PAKK  COMMISSIONERS  created 269 

[lowers  and  duties  of 268 — 27") 

BONDS  (city),  city  may  issue  to  pay  bonds  due 213 

lund  commissioner  shall  purchase 218 

duty  of  certain  otlicers  to  cancel,  how 218 

common  council  may  issue,  for  im[)rovement  of  harbor 224,  225 

(certain,  to  constitute  part  of  public  debt 226 

city  may  issue,  to  purchase  gasworks 228,  229,  230 

city  may  issue,  for  waterworks 235 

city  and  county  may  issue,  to  rebuild  house  of  refuge 254 

city  may  issue,  for  park  [lurposes 273 

city  maj'  issue,  to  conqilete  sewers  and  other  imiirovements 278 

vote  to  be  taken  on  ([uestion  of  issue  of. 278 

BORROWING  MONEY",  power  of  common  council  concerning... 18(5,  191 

vot{‘.  necessary  to  jiass  bills  for 183,  191 

BOUNDARIES  OF  GITY"  described 177 

BREAD,  power  of  common  (‘.ouncil  to  regulabq  etc 189 

BREMEN,  property  of,  vested  in  city 280 

cori)oration  of.  abolished 281 

BREMEN  AND  (JEMETERV"  Railroad  Comi)any  incorporated 266 

BRICKS,  power  of  common  council  to  i-egulate 189 

BRIDGES,  power  of  common  council  to  establish,  ete 187 


INDEX  TO  (irARTEl^S  AND  LAWS. 

H1K)KE1*S,  i)0\vor  ot  coiniiioii  (‘ouiicil  to  li(Viis(‘,  etc 187 

1UJ1T.1)IN(JS  AND  BUlLDINtJ  ^MA'I'EIIIALS 187,  188,  18‘) 

HDT'rKlt,  ))o\ver  of  (‘oiiimon  council  to  cause  to  lx*  iuspected,  etc 18(> 

CAPTAINS  OF  POLICE,  pay  of. 213 

CAPONDELET,  prisoners  froiu.  may  be  committed  to  work- 
house  

may  be  auuexed  to  St.  Louis 193 

city  may  convey  water  to 239 

CAPRIAOE-WAA^  wlio  to  pay  cost  of  repairing 203 

('APTS,  power  of  common  council  to  license,  etc 187 

CENSUS,  power  of  common  council  to  order 181» 

CElLi'IFK'ATE  DF  SALE  for  property  sold  for  taxes,  provisions 

concerning 222,  223 

CERTIFICATES  OF  DEATH,  by  physicians,  what  to  contain 207 

CERTIFICATES  OF  INDEBTEDNESS,  wlien  police  commissioners 

may  issue 247 

maximum  of....,  — 247 

receivable  for  taxes 248 

CIIANOE  OF  GRADE  of*  streets,  etc.,  city  lial)le  for  damages  in 201 

CIIARCOATi,  power  of  common  council  to  regulate  measuring  of.....  189 

CHARITV  TRUSTS,  power  of  city  to  hold 179 

(JILVRTER,  amendment  of,  not  to  affect  acts  done 279 

may  be  amended  or  repeahal 279 

declared  a ])ublic  act 279 

(dllEF  OF  POlffCE,  to  give  bond 242 

])ay  of 213 

CHIEF  OFFKtER  of  city,  mayor  to  be 194 

(HHMNEVS,  power  of  common  council  to  regulate! 188 

CHOUTEAU’S  POND,  power  of  common  council  to  drain 190 

CIRCUIT  (70URT,  proceedings  before,  in  taking  property  for  watei- 

works ! 233,  234 

treasurer  of  police  commissioners  to  be  eertified  to 240 

to  ai)prove  treasnrei-’s  bond 24(> 

may  issue  writ  of  halxaes  corpus  to  house!  of  refuge 251 

CITIZENS’  RAILW  AV  (H)MPAN  V,  connrmed '. 202 

l)re)vislons  concerning 202,  205 

C'lTV,  cori)e)rate  powers  e)f 178 — 180 

bounelaries  of 177 

what  share  of  j)oriee‘  expenses  te)  ])a3'' 240 

to  ])ay  de*bts  eef  house  e)f  re!fuge 253 

liable  for  damage  from  riot,  etc 258,  259 

may  i‘ecover  elamages  ])aid,  fre)!n  rle)ters. 258 

te)  e^xerelse  jurisdiction  over  public  paiL 274 

CITY  ATTORNEY,  provisions  temching 195,  190 

CLEANING  CHIMNEYS,  i)Ower  of  e;omme)u  council  to  regulate....  188 
CTjERK  of  board  of  health,  iute!rments  te)  be  reporteel  to...  207 

CT;ERK  of  common  council,  council  to  elect 181 

COLLECTORS  OF  REVENUE,  to  keep  revenue  from  new  limits 

separate 205 

44 


(i90  INDEX  TO  CIIAIITEIIS  AND  LAWS. 

COMIiUSTIBLE  MATERIALS,  power  of  coiimioii  council  over 

stonige  of 188 

( -OMMISSIONERS  (.sec  park  coiiiniissioners,  police  eoinmissioners, 
watei-  coinniissioners,  ^as  commissioners). 

COMMIT^[p]XTS  to  house  of  refiig’e,  provisions  coiicerniu"’ 250 — 254 

COMMITTEE  ON  IMPROVEMENTS  (see  new-limit  committee). 

COMMON,  power  of  common  council  to  control 190 

COMMON  COUNCIL,  how  compo.secl 181 

general  powers  of 181,  182 

qiialilication  of  members  of. 181 

how  elected 181 

term  of  office  of  members  of. 181 

officers  of,  how  appointed 181 

.to  determine  contested  elections 181 

quorum  of 181 

to  determine  rules  of  proceeding- 182 

may  punish  for  disorderly  conduct 182 

may  expel  members 182 

to  publish  its  proceeding’s 182 

A^acancies  in,  how  filled 182 

sessions  of,  when  held 182 

may  remove  mayor 194 

to  decide  mayor’s  election,  Avhen 194,  195 

president  of.  to  act  as  mayor,  when 195 

mayor  may  call  extra  sessions  of..., 195 

to  proceed  against  officers  interested  in  conti-acts 197 

TO  appoint  .judges  of  election 198 

prohibited  from  ordering  work  on  unoipened  street 200 

to  cause  alleys  to  be  cleaned  and  paved 200 

power  of,  in  opening  streets,  etc 201 

power  of,  to  cause  streets,  etc.,  to  be  jiaved,  graded  ,and 

repaired '203 

power  of,  concerning  new-limit  fund 200 

to  establish  plan  for  streets  in  extended  new  limits 207 

duty  of,  on  certain  petitions 207.  208 

power  of,  to  establish  sewers 209 

duties  of,  in  appropriating  moneys 212,  213,  247 

membei-s  of,  liable  on  certain  vote 213,  220 

to  publish  lipancial  statement 215 

may  sell  raili-oad  stock,  when 218 

dufv  of,  to  pi-ovide  compensation  to  fund  commissioner 219 

power  of,  to  borrow  money  foi-  harbor 224,  225 

])Owei-  of,  to  qui<‘t  title  to  wharf 220 

duty  of,  to  give  elfect  to  act  concerning  gaslight 228 

power  of,  over  water  commissioners 232 — 237 

power  of,  to  secure  peace;  and  good  order 238 

lirohibited  fi-om  interfering  with  imlice  commissioners 238,  218 

may  lev.y  police;  tax 

to  appeiint  manage*rs  eif  house  of  refuge 2.)2 

may  visit  house  of  refuge.^ 


INDEX  'I'O  ClIAliTEUS  AND  LAWS.  GUI 

roiNl MON  OOUNOIL— 

duty  of  nuMuhors  of,  to  disiiorse  rioter.s 250 

to  provide  for  iiunlslinient  of  iiiiiiors 200 

powers  of,  ovei'  street  railroads 201,  200 

jiroliibited  from  raising'  fare  of  street  railroads 202 

prohibited  from  dividing  street  railroads 202 

lirobibited  fi'om  reducing'  fare  of  street  railroads 203 

jiresident  of,  to  be  one  of  park  commissioners 209 

to  elect  park  commissioners 209,  273 

jiower  of,  to  levy  special  tax  for  parks 274,  270 

COlVliMON  PI.EAS  (H4U11T,  may  issue  writ  of  habean  corpus  to 

bouse  of  refuge 251 

COMPENSATION  for  land  taken  to  open  streets,  etc.,  bovv' 

made 200,  201 

of  city  officers,  power  to  tix 189,  193 

(OMPTON-IIILL  KAILPOAl)  COMPANY 204 

COMPTROLLER,  to  be  elected 195,  190 

term  of  office  of 195 

office  created 195 

duties  of 190 

to  cancel  certain  aci'ounts 213 

to  deliver  certain  assets  to  tund  commissioner 217 

to  refund  sur])lus  pui'cbase  momw  for  land  sold  for  taxes, 

when 223 

to  be  one  of  trustees  of  watei-  fund 230 

to  be  one  of  park  commissioners 209 

CONSERVATORS  OE  THE  I’EACE,  duties  and  powers  of,  at 

riots 250,  257 

('ONSTABLES,  to  })ay  moneys  collected  on  delin([uent  tax-bills 223 

autbority  of,  to  serve  pi'ocess  in  suits  for  deliiupient  taxes 223 

CONTAGIOUS  DISEASES,  power  ot  common  council  to  supiiress....  ISO 

CONTESTED  ELEC4TONS,  common  council  to  determine 181 

('ONTRACTS,  city  ollicers  not  to  be  interested  in 197 

not  to  be  made  in  excess  of  aiijirojiriations 198 

('ONVLNT  OF  THE  SACRED  HEART,  streets  not  to  be  opened 

tbrougb  grounds  of. 180,  187 

('ONVICTS  IN  HOUSE  OF  REFUGE,  bow  controlled 251 

term  of  c.onlinenHmt  of. 250,  251,  253 

CORONER,  duties  and  jiowers  of  to  disperse  riots 250,  257 

(H)RPORATE  IMIWERS  of  city 178,  179,  180 

(U)RPORATrONS,  city  may  take  stock  in  certain 180 

COST  OF  WORK  ON  STREETS,  bow  paid 203,  204 

in  extended  new  limits,  bow  iiaid 207 

COUNSELOR,  (city),  office  created 195 

duties  of. 190 

autbority  of,  con(!(>rning  escbeated  lands 278 

COUNTY,  to  pay  certain  share  of  iiollce  expenses 240 

COUNTY  ('OURT,  authorized  to  aiiiiropriate  foi- bouse  of  refuge  251,  254 

may  issue  writ  of  habeas  corpus  to  bouse  of  n'fuge 252 

COUPONS,  (certain,  to  be  canceled 218 


G92  INDEX  TO  CHARTERS  AND  LAWS. 

CRIMINAL  COURT,  may  issue  writ  of  habeas  corpus  to  liouse  of 

refuge 252 

CULVERTS,  power  of  eoniiuoii  eouucil  to  construct 187 

CURRINO.  who  to  paj'  cost  of 208 

CURBSTONES,  powers  of  couiuioii  council  to  regulate 190 

DAIMAGES  for  laud  tak(ui  to  open  streets,  how  ascertained 200,  201 

petitioners  for  opening  streets  not  entitled  to 202 

for  land  taken  tor  waterworks,  city  to  pay 288 

from  riots,  who  liable  for 258 

claim  for,  not  assignable 2.59 

DEBTS,  of  city,  power  of  common  council  to  pay 180 

of  house  of  refuge,  who  to  x>ay 2.50 

DELINQUENT  OFFICERS,  how  proceeded  against 214,  215 

DELINQUENT  TAXES,  proceedings  to  collect 220 — 228 

DETECTIVES,  board  of  yjolice  commissioners  may  appoint 242,  248 

DIGEST  of  ordinances,  when  to  ])e  made 279 

DISEASES,  contagions,  j^ower  of  common  council  to  prevent 180 

DISORDERLY  ASSEMBLAGE,  power  of  council  to  prevent 190 

DISORDERLY  BEHAVIOR,  common  council  may  punish 182 

DISORDERLY  BOLUSES,  power  of  common  council  to  sn])press 188 

DISTRICT  SEWERS,  pi-ovisions  concerning’ 209 

DISd'L^RBANCES,  power  of  common  council  to  prevent 190 

DO(dvS,  i)Owers  of  common  (anincil  concerning 187 

DR A5I-SII01’S,  power  of  commoi]  council  to  license,  etc 187 

DRAYS,  powers  of  common  council  to  license,  etc 187 

DRINKING-SHOPS,  power  of  mayor  to  cause  to  be  closed 200 

EGGS,  common  council  to  prevent  forestalling  of. 189 

ELEC4TON,  for  mnnicii)al  oflicers,  when  held 198 

judges  of,  how  api)ointed 198 

of  members  of  common  council,  when  to  be  ai)pointed 181 

board  to  judge  of,  of  its  membei’S 181 

l)roeeedings  on  tiimn,  for  conncilmen  182 

ELEC'l'lONS,  provisions  concerning 198 

to  be  by  ballot 198 

not  to  be  held  in  drinking-houses 199 

how  long  to  continue 199 

))owers  of  common  council  concerning 189 

ENGINEER  (city),  office  of  created 195 

duti(js  of 19() 

mayor  to  appoint 198 

t(*rm  of  olii<'e  of. 198 

to  direct  work  in  new  limits 207 

to  be  one  of  board  of  Lafayette  park 27(J 

to  k(“ep  sidewalks  and  alU'ys  in  i-e[)air 208 

ENU.MERATION  OI'  INHABITANTS,  ])ower  of  common  council 

to  tak(‘ b"^9 

ESCHEyVrED  LANDS,  provisions  concerning 278 

EXHIBITIONS,  power  of  common  council  to  license,  etc 187 


INDEX  TO  CIIAETEKS  AND  LAWS.  GIT) 

EXri<]NSl^S,  of  city,  iM)\vcr  to  pay IHO 

of  police,  how  i)i*ovi(kHl  toi- 21(1 

of  prisoiici-s  at  house  of  ix'fu^i^-e,  liow  ])ai<l 2.j1 

for  waterworks,  liow  ])rovi(le(l  for 2'M) 

EXTENDED  NEW  LIMITS,  provisions  conceriiiii^ 207,  208 

FAIL  (flvOUNDS.  certain  roads  to  he  built  to 204 

FEES  of  jurors  and  witnesses,  i)owei-  to  lix 189 

FENCES  (i)artition),  power  of  (*oninion  council  over 188 

FEE  KIES,  power  of  coniiiion  council  to  license,  etc 190 

FINflS,  power  of  coniinon  council  to  impose 189 

maxim  uni  of 190 

how  recovered : 190 

FIRE-ALAKM  TELEGEAPII.  police  commissioners  to  use 244 

F1KE-C03I PANIES.  powers  of  common  council  concerning 188 

FIKE-PLFGS,  power  to  erect 186 

FIRE-WARDENS,  power  of  common  council  to  establish 188 

FIRES,  powers  of  common  council  concerning 188 

FISCAL  YEAR,  when  to  terminate 215 

FLCFR,  jiower  of  common  council  to  cause  inspection  of 189 

FORFEITLRES.  power  of  common  council  to  impose 189 

FOREIGN  INSURANCE  COMPANIES,  provisions  to  tax 281 

FOREST zVLLING  IN  MARKET,  ])Ower  to  prevent 189 

FRUIT,  common  council  may  prevent  forestalling  of, 189 

FUEL,  common  council  to  provide  for  nuaisuring 189 

FUND  COMMISSIONER,  mayoi*  to  apiioint 216 

term  of  office  of 216 

<hities  (»f 195,  216— 218 

bond  of 218,  219 

(pialitications  of 218,  219 

cei'tain  acts  of.  embezzleimml 219 

comj)eusation  of,  how  fixed 219 

otlice  of,  created 195 

C('i-tain  moneys  to  be  paid  to 224,  225 

(iAMlNtl  AND  G A MI>LlN(i  HOUSES,  power  to’suppress 188 

OAS,  i>ro\ isions  coueerning 227.  228 

GAS  ( 'OM  .M ISSION  LRS.  mayor  to  appoint 280 

j)owei-s  and  duti(‘s  of 280 

term  of  otlice  ol 280 

to  give  bond 280 

G.\S  INSPFCTOR,  mayor  to  appoint 227 

duti(‘s  of 227 

(‘omp<msati(»n  of 228 

GASWORKS,  city  may  purchase 228,  229,  280 

city  may  h'asc*  out 280 

GFNFRAL  LEGISLA'l'IVF  POWERS 190,  191 

GOOD  (jO\’ 1C  KN  M f^N'r,  pow  t-r  to  secure* 190 

GOVICRNOK,  to  appoiid  water  (;omndssiouers 282 

tojppoiiit  police  comnnssioners 289 

may  lemove  police  commissioners 240 


694 


INDEX  TO  CHARTERS  AND  LAAVS. 


(JI’ADE  OF  STREICTS,  city  liable  for  change  of. 201: 

GRADING  STREETS,  who  liable  to  pay  for 208 

ill  extended  new  limits,  when  to  be  ordered 207 

who  liable  for  cost  of,  in  extended  new^  limits 207 

GRAND  JURY,  may  visit  house  of  refuge 200 

GRAVOIS  RAILWAY'  COMPANY',  proOsions  concerning 204,  205 

GROCERS,  powei-  of  common  council  to  license,  etc 187 

GROG-SHOPS,  elections  not  to  be  held  at 190 

GUARDIANS  may  commit  wards  to  house  of  refuge 251 

GUNPOWDER,  power  of  common  council  concerning  storage  of...  188 

GUTTERING,  Vho  liable  to  pay  for 208 

GLITTERS,  ])owers  of  common  council  concerning 190 

II  ARE  AS  CORPUS,  what  courts  may  issue  writ  of,  to  house  of 

refuge 251,  252 

HACKNIilY  CARRIAGES,  power  to  license  and  regulate 187 

HARBOR,  extent  of. 224 

lirovisions  for  improvement  of. 224 — 22() 

HARBOR  FUND,  what  to  compose.  224 — 220 

liability  for  misapplying 220 

HARBOR  MASTER,  to  be  elected 195,  190 

term  of  otlice  of. 195 

duties  of. 195 

HARBOR  TAX,  common  council  may  levy 224 

certain,  to  be  paid  to  fund  commissioned 225 

in  extended  new  limits 208 

how  to  be  applied 212 

HAWKERS,  powers  of  common  council  to  license,  etc 187^ 

HAY,  power  to  cause  inspection  of. 189 

HEALTH,  power  of  common  council  to  secure 18(5 

HEALTH  DEPARTMENT,  ai)])ropriation  to  be  made  for 212 

HEALTH  OFFICER,  provisions  concerning 186 

HOSPITAL,  appropriations  to  be  made  for 212 

HOUSE  OF  REFUGE,  pi-ovisions  concerning 250 

HYDRANTS,  power  of  common  council  to  erect 18(5 

IMPRISONMENT  in  house  of  refuge,  term  of. 251 

IMPROVEMENT  OF  STREETS,  iu  new  limits,  how  ordered 20(5 

in  new  extended  limits 207 

IMPROVEMENTS,  how  to  be  ordered 188 

how  assessed  for  taxation 220 

city  may  borrow  money  to  make 278 

IMPROVINTl  STREETS,  ETC.,  cost  of,  how  paid 208,  204 

INSPECTION,  authority  of  common  council  concerning 189 

INSURANCE  COMPANIES,  iiower  to  tax 281 

INTEREST,  on  imblic  debt,  api>ropriations  to  be  made  for 212 

on  sinking  fund,  provisions  concerning 219 

INTOXICATING  LK^IIORS,  mayor  may  close  jilace  of  sale  of 2(50 

JAIL,  minors  liable  to,  to  be  committed  to  house  of  nd'iige 2.50 

JUDGES  OF  ELECTION,  appointment  and  duties  of. 198 


INDEX  TO  CirMlTEllS  AND  LAWS. 


jriXilM EXrs,  in  cases  of  oix'iiin^j^  sti’cc'l-s 202 

rUHvOKS,  ))o\v(‘r  to  llx  f(‘es  of. 180 

in  oi)cnini^  strt'cts,  duties  of 200,  201 

eU^STK-fiS  OF  'rilF  PFiAt'F,  i)0\vers  of,  to  disperse  riots,  etc....  25(5 
antljorih'  of,  in  suits  for  d(din<nient  taxes 222 

LAFAVfyPl'F  PAHIC,  j)roYisions  conceiinn^ 274 — 277 

LAND,  power  of  city  to  bold,  sell,  etc 170 

liow  assessed  for  taxation 220 

(aty  may  hold  for  waterworks 232 

how  paid  for  when  taken  foi- pnblic  nse 200,  201,  233,  270 

how  aeqnired  for  parks 270 

LAND  COMMISSIONER,  otlice  created 195 

duty  of,  in  opening  sti-eets,  etc 200 — 202 

LAND  COURT  may  issue  writ  of  habeas  coiyus  to  house  of  refuge..  251 

to  appoint  a])praisers  for  i)ark  land,  when 270 

LANES,  power  of  common  eonneil  concerning- 190 

J.(ARD,  common  council  may  cause  to  be  inspected 189 

LEGISLATIVE  POWERS  of  common  council 185 

LICENSES,  hills  aflecting,  how  passed 182,  183 

for  water,  wdum  not  to  he  issued 237 

LIEUTENANTS  OF  POLICE,  pay  of. 243 

IjIGHTING  city,  approjiriations  to  he  made  for 212 

TJGHTING  STREETS,  powers  of  council  con(*erning 187 

LIMITATIONS  of  actions  against  city  for  land 179 

LINDELL  RAILWAY  COMPANY,  provisions  concerning 2()(J 

LK^UORS,  inspection  of,  power  of  council  concenung 189 

ITJMRER,  inspection  and  measuring  of. 189 

IMACADAMl/ING , in  extended  new  limits,  wdien  ordei'ed 20(5 

cost  of,  how  paid 20G 

MARSHAL  (city),  otlice  of  created 195 

duties  of. 19G 

to  serve  notices  in  cases  of  ojiening  stj’eets 200 

jiowers  and  duties  of,  at  riots,  alfrays,  etc 25(5,  257 

MAYOR,  when  to  oi-der  new"  election  for  councilman 182 

l)ower  and  duty  of,  concerning  hills 183 

to  ])(i  chief  ollicer  of  city 191 

election  and  t(M-m  of  otlice  of 194 

may  he  removed  from  otlicc' 194 

(pialiticalions  of. ; 194 

contesh'd  election  of,  how  decided 194,  195 

vacancy  in  oIlic(*  of,  how  tilled 195 

president  of  common  council  to  act  as,  wlum 1!)5 

to  ap])oint  certain  otlicci-s  195,  19(5 

power  of,  to  remove?  c('rtain  olHcen-s 195 

to  s(H?  laws  and  ordinances  execjitenl. 195 

may  rennit  tines,  (*t;(? 195 

to  till  vacancies 195 

may  call  special  sessions  of  common  council  195 

wlnn  e to  reside 19(5 


69G  INDEX  TO  CHARTERS  AND  LAWS. 

M .V  YOU — Continued . 

to  report  otticers  interested  in  eojitracts 197 

liable  for  approving-  certain  bills 213,  220 

to  order  suit  against  delinquent  oflicers 214 

to  nominate  fund  eoininissioner 210 

to  ap])oint  gas  in.spector 227 

to  reipiire  gas  company  to  fnrnisb  good  gas 227 

to  appoint  gas  commissioners 230 

to  be  one  of  water  commissioners 232 

to  be  one  of  trustees  of  water  fund 230 

to  be  president  of  police  commissioners 239 

to  be  one  of  managers  of  house  of  refuge 252 

to  ajipoint  certain  managers  of  bouse  of  refuge 252 

may  commit  children *to  house  of  refuge 254 

powei-s  and  duties  of,  to  disperse  riots 250 — 257 

maj^  command  minors  within  doors,  when 259 

may  order  drinking-shops  closed 200 

to  be  one  of  park  commissioners 209,  270 

to  issue  ])roclamation  for  vote  on  park,  when 274 

IMANUFACTUKES,  dangerous,  powers  of  common  council  con- 
cerning  188 

MARKET  HOUSES  AND  PLACES,  common  council  may  regulate  187 

MEAL,  inspection  of,  power  to  regulate 189 

MEASURES,  power  to  establish  weights  and 188 

MEAT,  power  to  i-egulate  sale  of. 189 

MEMBERS  OF  COMMON  COUNCIL,  how  elected 181 

term  of  office  of. 181 

residence  of. 181 

may  be  expelled 182 

to  hold  no  appointment 182 

oath  of  office  of. 182 

IMERClIAN'rS,  powers  of  council  to  license 187 

^LILITARY,  police  commissioners  may  order  out 245 

.MINORS,  may  be  committed  to  house  of  refuge 250,  251,  253 

how  discharged  on  writ  of  habeas  corpus 251 

to  have  private  ti-ial 252 

mayor  may  command  in  dooi-s.  when 25J) 

jienalties  against 259,  2()0 

MISSISSIPPI  RIVER,  power  to  regulate  navigation  of. 187 

water  may  be  conveycMl  from 232 

M ISSOURI  RAILROAD  ('OMPANY,  provisions  conc(‘rning..2G2,(!24,  2GG 

.MOLASSES,  power  to  cau.'ie  insjiection  of 189 

CMONEY,  bow  only  to  be  expended 183 

power  to  borrow 18G 

pow(*i-  to  a[)i)ropriate 18G 

3IONEY-C11ANOEIIS,  power  to  tax,  etc 187 

NAVKiAdTON  OF  4’IIF  MISSISSIPPI  RIVER,  powers  concianing,  187 

NEW-LLMrr  COMMFUrEF,  how  composed 2()G 

powers  and  duties  of 2()G 


INDEX  TO  ('llAKTEliS  AND  LAWS.  GOT 

N'ICW-I.IMIT  FU.MI),  liow  (IctcTniiiiecl 'iOr, 

provisions  (‘oiicornin^’ 2()(» 

XK>V-LL^n'r  LA^V,  how  lon^  to  rcnniiin  in  force 207^ 

NlOW  LLMITS,  revenue  from,  ])rovislons  (M)neernin^ 20“) 

MOISK,  powers  coneei'nini>-  ])r(‘vention  of TOO 

NOTES,  Avlnit  sums  city  nniy  issue 210 

NUISAXCES,  power  of  common  council  to  abate 180 

OATH,  of  members  of  common  council 182 

police  commissioners  to  take 2:il) 

police  commissioners  may  administer 241 

OFFICE,  members  of  common  council  not  to  be  appointed  to 182 

OFFICEKS,  powers  concerning 189 

municipal,  to  reside  in  cit}" 190 

not  to  be  interested  in  contracts 197 

not  to  bold  two  aiipointments 197 

embezzling  money,  penalty 197 

to  make  no  contract  in  excess  of  appropriation 198 

of  iiolice,  enumeration  of 242 

of  polb^e,  pay  of. 240 

of  common  council,  bow  appointed 181 

when  to  be  elected 198 

liable  for  diverting  appi-opriations 210 

proceedings  against  delinquent 214.  21") 

OIE,  in.S])ection  of. 189 

OMNIliUSSES,  iiowers  of  common  council  to  license,  etc 187 

OPENING  STREETS,  ETC.,  proceedings  in 2(H) 

ORDINANCES,  bow  pulilisbed 182 

styb*  of. 180 

bow-^  proved 180 

conllicting  witli  charter,  void 24(5 

when  to  be  digestial 279 

certain,  to  i-emain  in  foi-ce 279 

ORDINARIES,  power  to  liwmse 187 

OVERSEERS  OF  GRAVEVARDS,  duty  of  to  repoi-t  interments...  2(57 

OlV'^NERS  OF  r.AND,  to  be  com])ensated  for  pi-operty  taken 200,  201 

to  i)ay  benebts,  wdien 201 

may  petition  for  oj)ening  streets 202 

may  negotiate  wilb  land  commissioner 202 

PARENTS,  mny  comndt  children  to  bouse  of  refuge 27)1 

PARK,  commissioners  to  select  land  foi* 2(58,  272 

pi'oceedings  in  condemning  land  for 270 — 272 

bow  bind  may  be  iiurcbased  for 279 

eity  to  have  Jurisdiction  over 274 

vott*  to  be  taken  on 274 

Ik\RT!TION  FEN(ES,  jiowan- of  common  council  to  regulate 188 

PAVING  STREETS  in  extended  newMimits,  when  to  be  ordered 207 

cost  of.  in  new  extended  limits,  bow'  jiaid 207 

cost  of,  bow  paid 209 

P.VWNRROKERS,  powei' of  common  council  to  license,  etc 187 


698 


INDEX  TO  CITARTEJIS  AND  LAWS. 


PP]ACE,  ])owor  of  common  coiiiici]  to  preserve 190 

PEDDLERH^  power  to  license,  etc 187 

J‘EOPLE’S  P.AILWAY^  COMPANY 292,  264 

PENAT/riES,  power  of  common  council  to  impose 189 

imiximum  of. 190 

liow  recovered 190 

PENALTY,  for  failing  to  make  return  of  property 220 

I’ENITENTIAIIY,  minors  liable  to,  to  be  committed  to  bouse  of 

refuge 250 

PHYSICIANS,  to  ceitify  deatli  of  patients 267 

PIPES,  city  may  lay  (see  water-pipes) 282 

PLANK-IIOADS,  city  to  purchase 279 

POLICE  COMMISSIONEKS . city  not  to  conflict  with 191,  238 

provisions  concerning 238 — ‘249 

POLICE  DEPARTMENT,  apjiropriations  to  be  made  for 212 

I’OLICE  DISTRICTS,  city  to  be  divided  into^ 244 

POLICE  FORCE,  to  be  armed  and  equipped 242 

number  of 242 

for  extended  new  limits 208 

POLICEMEN,  provisions  concerning 242 

qnaliflcations  of. 242 

term  of  oflice  of 242 

pay  of. 242 

POLICE  TAX,  common  council  to  levy 246 

POLL  TAX,  common  council  may  levy  and  collect 190 

POLLS,  when  opened  and  closed 198 

number  of,  in  each  ward 199 

not  to  be  closed  during  the  day 199 

PORK,  power  to  cause  inspection  of. 189 

PORT  WARDENS,  common  council  may  establish 190 

PORTERS,  power  to  license  and  regulate 187 

POSSE  COMITATUS,  when  sheriff  may  summon 244,  215 

what  officers  may  raise 256 — 258 

POULTRY,  power  to  regulate  sale  of. 189 

PRESIDENT  OF  COMMON  (COUNCIL,  council  to  elect 181 

when  to  act  as  majmr 195 

to  be  one  of  iiark'  commissioiu'rs 269 

PROCEEDINGS  OF  COYIMON  COUNCIL,  how  kept  and  pifl)li.shed,  182 

PROPERTY,  control  of  common  council  over 190 

how  assessed  for  taxation 220 

sold  for  delinqent  taxi's,  how  redeemed 222 

power  of  coi'porations  concerning.. 178 

how  vested  for  iiublic  use 179 

IHIOPERTY  GUARDS,  power  of  common  (ionncil  concerning 188 

PROVISIONS,  council  may  provide  inspection  of. 189 

PURLIC  GROUNDS,  ])ower.s  of  coinu'il  concerning 187 

PURLIC  SEWERS.  ])rovisions  com'i'rning 209 

PUBLIC  SOUARES,  ])owers  of  council  ov(*r 187 

procei'dings  to  <)p(‘n ‘200 — ‘202 

PUM  PS,  power  of  common  council  to  ei’cct 186 


/ 


IN'DKX  'I’O  ClIAiri'KIiS  AND  LAWS.  (il)l) 


(|}U AlvANTlNK  LA>\'S,  power  to  make. 


18G 


ItAlLROAl)  STOt'K.  city  may  sul).«;cribe  for  eertaiii 

jo-oeeeds  of,  to  o’o  to  siiikiiii!,-  fund 

common  council  may  order  sale  of. 

RKAL  ES'fATE.  power  of  city  concerning 

effect  of  dedicating  to  public  use 

limitation  of  actions  for,  against  city 

liow  assessed  for  taxation 

RKCKIPTS  AND  EXPENDITURES,  council  to  publish 

PECO  PI)  OF  PROCEEDINGS,  common  council  to  keep 

PECOPDEP,  to  be  elected 

([ualificatious  of.....! 

jurisdiTgion  of. 

duties  of. 

to  report  to  mayor 

term  of  office  of. 

REDEMPTION  of  property  sold  for  taxes 

REGISTER  (city),  to  be  elected 

term  of  office  of. 

duties  of 

REPAIRING  STREETS,  ETC.,  who  to  pay 

RESERVOIRS,  city  may  build 

RETAILERS,  power  of  council  to  license,  etc 

REVENUE,  bow  applied 

common  council  to  publish  statement  of. 

from  gasworks,  how  to  be  applied .. 

vote  necessary  to  pass  bill  affecting 

from  new  limits,  how  applied 

RIOT,  or  rout,  powers  of  common  (;ouncil  to  prevent 

offense  of  desciabed 

])('nalty  for 

dut.y  of  certain  officers  to  disperse 

who  liable  for  damag(^s  by 

ROADS,  citizens  of  city  ('xempt  from  work  on 

RULES  OF  PROCEEDING,  common  council  to  det(*i-mine 


180 

-21 0 

218 

,178—180 

170 

179 

220 

215 

182 

195,  196 

197 

197 

197 

197 

195 


.195,  196 

195 

196 

20.3 

232 

187 

212 

215 

229 

183 

.205,  206 
.190,  2,56 

256 

256 

,25(5.  2,57 

2.58 

180 

182 


SACRED  HEART,  streets  not  to  i)ass  through  eonveid  of 

SALARIES,  of  water  commissioners,  how  lix(*d 

of  police  eommissionei-s 

of  police  ollicers 

of  policannen 

SCHOOL  FUND,  proceeds  of  emlain  .sales  to  go  to 

of  certain  section,  how  divided 

SEAL,  powers  of  city  concerning 

police  commissioiu'rs  may  use 

SE(1)ND  MUNK'IPALrrV^'  aboli.shed 

SERGEANTS  OF  POLICE,  pay  of .' 

SERVANTS  OF  COMMON  COl’NCIL,  how  elected 

SESSIONS  OF  COMMON  COUNdL,  time  and  place  of 

SE V ENTEEN'I I I-STREET  HR ANCl I R AI L WA Y,  authorized, 


186 

233 

239 

243 

242 
262 
280 
178 

244 
281 

243 
181 
182 
266 


700  INDEX  TO  CHARTEIiS  AND  LAWS. 

-j 

SEWER  DIS'J’RIC'rS,  ])r()visioii.s  coiicei’iiiii;^ 209 

SEWER,  TAX,  power  of  eonimon  council  to  levj' 209 

SEWERS,  provisions  coinrerniiig 187,  209 

c]:issili(‘:itioii  of. 209 

cii}’  nuiy  borrow  money  to  complete 278 

SEXTONS,  duty  of,  to  report  interments 2G7 

to  ])ermit  no  interments  witliont  certiticiite 207 

l)enalty  ug-ainst,  for  failing  to  re}>ort 2G7 

SHERIFF,  duty  of  in  sales  for  delimpient  taxes 222,  223 

to  obey  police  commissioners 244 

to  summon  posse  comitatas ■ 245,  25G 

duty  of,  to  disperse  riots , 25G,  257 

SHOWS,  powers  of  common  council  to  license,  etc ^ 187 

SIDPIWALKS.  powers  of  common  council  concerning 190 

cost  of  i)aving,  etc.,  bow  paid 203 

engineer  to  keep  in  order 203 

SINKING  FUND,  appi-opriations  to  be  made  foi- 212 

})rovisions  concerning 21G — 219 

to  pay  debt  of  watei-works 23G 

SFEC'IAL  DISTRICT-SEWER  TAX,  bow  to  be  applied 209 

SPE(TAL  ELECTIONS,  bow  provided  for 199 

SPEtTAL  POLICE  FUND 245 

SPECIAL  PUBLIC-SEWER  FUND,  common  council  to  levy 209 

SPECTAIv  TAXES  Ibr  im})roving  streets,  etc 203,  204 

ST.  LOUIS  RAILROAD  COMPANY,  provisions  concerning.. ..2G2,  2G3 

ST.  LOUIS  UNIVERSITY,  streets  not  to  be  opened  througb 18G 

STANDARD  WEIGHTS  AND  MEASURES,  powers  of  common 

council  to  establisb 188 

STATEMENT  of  receipts  and  expenditures,  common  council  to 

l)ublisb 215 

STONE-COAL,  inspection  and  weiglit  of,  bow  provided  for 189 

STREET-RAILROAD  COMPANIES,  ])ow(m-s  of  common  council 

ov(‘r 2G0,  2G2 

certain  costs  to  lx;  paid  to,  on  sale  of  i-oads 2G2 

may  surrender  IVancbise 2G2 

mayoi-  may  sell  francbise  of,  wben 2G2 

l)r(K‘eeds  of  sale  of  roads  of,  bow  api)lied 2G2 

not  liable  for  certain  injuries !....  2G5 

STRPIET  RAILROADS,  i)Owers  of  common  council  over 2G1,  2G3 

provisions  for  sale  of. 2G1 , 2G2 

council  probibited  from  inci-easing  or  reducing  fare  of 2(52,  2G3 

council  ]»robibited  from  dividing 2G2 

guage  of  ti’acks  of,  tix(*d 2G2 

])robilnt(‘d  on  certain  sti-eets 2G2,  2G3  • 

,S4’REE4\S.  powers  of  coimnon  council  conceiaiing 190,  200 

})roceedings  to  oi)en 200,  202 

cost  of  grading  and  rej)airing.  bow  i)aid 202,  203,  201 

bow  and  Avben  to  be  graded  and  [)aved 203 

cit)^  liable  for  cbange  of  grade  in 204 

wbat,  (0  be  imi)roved  out  of  new-limit  fund 20G 


INDEX  TO  CUAJITKHS  AND  LAWS. 


701 


i^TiniV/r^—ConfitiHCcL 

ill  ('xteiul(Ml  lU'W  limits,  to  (‘oiironii  to  jilau 207 

liow  im|)rov(.'(l  in  exteiHlod  now  limits 207 

STYLE  OF  ORDINANCES LS.'t 

SUITS,  liow  to  1)(*  (‘oiulucted  for  (kdiiiquent  tuxes 221 — 22l> 

ill  ^vllut  name  to  lie  eoiidiicted  for  eity 270 

SUPERINd’ENDENT  OF  W AlT:PWOpks,  otlice  created 15)5 

SUPERINTENDENT  OF  WORKHOUSE,  office  created 105 

SWAMP  LANDS,  city  counselor  may  sue  for 278 

SYRLT^  powers  of  common  council  to  cause  inspection  of. 180 

TxVVERNS,  powers  of  common  council  to  license,  etc 187 

TAX,  common  council  may  levy  for  improvement  of  harbor 22-1 

foreign  insurance  companies  to  })ay 281 

may  be  levied  for  Lafayette  park 275 

TAX  BILLS,  common  council  to  take  ajx^s  and  noes  on 182 

vote  necessary  to  pass 185 

suit  to  be  brouofht  on  unpaid 221 

TAX  DEEDS,  effect  of 278 

TAXES,  power  of  comihon  council  to  lev}^ lliO,  209,  275 

in  extended  new  limits,  niaximum  of 207 

for  harbor,  in  extended  new  limits 208 

certilicates  of  {lolice  commissioners  receivable  for 248 

special,  provisions  concerning-  application  of 212 

no  proiierty  exempt  from  sale  for 225 

parties  delinquent  in,  not  entitled  to  damages  from  riots 259 

THEATERS,  power  of  common  council  to  license,  etc 187 

TIE  IN  ELECTIONS  OF  GOUNCILMEN,  proceedings  upon 182 

TIPPLING-HOUSES,  power  of  council  to  license 187 

TONNAGE  TAX,  common  council  may  levy 225 

TOWER-GROVE  AND  l^AFAYEi  rE  RAILROAD  COMPANY 

incorporated 2(!() 

TO'WN  OF  ST.  IXiUIS,  property  of  vested  in  city 279 

TREASURER  (city),  office  of,  created 195 

teriu  of  office  of 195,  198 

duties  of 19(; 

to  report  amount  of  revenue 215 

to  be  one  of  ti-ustees  of  water  fund 25G 

of  iiolice  commissioners 259 

TREASURE'  WARRANTS,  power  of  <aty  to  issue 214 

TRIAL  OF  DELINt^UENd'  OFFJCERs! 214,  215 

TRUSTEES  OF  WATER  FUND,  how  composed 259 

TRUSTS,  iiowers  of  city  con(;crning- 179 

TURNKEY,  pay  of 245 

UNION  RAILWAY  COMPANY,  authorized 2(>() 

UNLAWFUL  ASSEIMBLAGE,  offense  described 25(> 

lienalty  foi- 259 

who  may  be  punished  for 259,  257,  258 

duties  of  certain  otlicers  to  disper.se 259 — 258 

who  liable  foi-  damages  from 258 


702  INDEX  TO  CHARTERS  AND  LAWS. 

VACANCIES,  how  filled ’ lOo 

ill  ollice  of  mayor I});') 

in  common  council ! 182 

in  ollicc  of  police  commissioners 240 

in  police  force 243 

VEGETABLES,  power  to  regulate  sale  of. 180 

VESSELS,  powers  of  common  council  concerning 189 

VETO  of  mayor,  eftect  of  and  proceedings  on 183 

VICE  PlvESIDENT,  police  commissioners  to  elect 239 

VINEGAR,  power  to  inspect 189 

VOTE  necessary  to  pass  certain  bills 183 

VOTERS,  provisions  concerning 198,  199 

WAGONS,  power  of  common  council  to  license,  etc 187 

WALLS,  power  of  common  council  concerning 188 

WARDS,  city  to  be  divided  into 178 

WARRANTS  (city),  in  wbat  sums  to  be  issued 214 

( See  Treasury  Warrants . ) 

WATER,  power  to  provide  city  with 180,  232 

may  be  conveyed  to  Carondelet,  etc 230 

WATER  COMMISSIONERS,  provisions  concerning 232,  235 

WATER  COURSE'S,  powers  of  common  council  over 187 

WATER  LICENSE,  when  to  be  issued 239 

WATER  RIFES,  city  may  lay 232 

when  to  be  laid  in  streets 23(5 

cost  of  laying,  bow  paid 233 

cost  of,  how  collected 233 

WATER  RATES,  common  council  to  establish 233 

to  be  applied  to  ])ayment  of  waterworks 233 

WATERWORKS,  provisions  conceiaiing 232 

common  council  to  approve  jdan  of. 232 

expense  of,  bow  provided  for 235 

WEIGHTS  AND  MEASURES,  eommon  council  to  establish 188 

WHARF,  power  of  common  council  concerning 187 

proceedings  to  open 200 

wbat  fund  to  be  used  for  improvement  of. 224,  225 

city  may  borrow  money  for  improvement  of. 224 

tonnage  tax  may  be  levied  for 225 

common  council  may  compromise  claims  on 223 

])Ower  of  city  to  ([uiet  title  of. 223 

WHISKY,  power  of  common  council  to  cause  inspection  of 189 

WINE,  common  council  may  (,‘ause  inspection  of. 189 

WITNESSES,  fees  of,  bow  lixed 189 

WOODEN  lUJIliDINGS,  powei-s  of  council  concerning 188 

WORKHOUSE,  power  to  erect 191,  192 

commitments  to,  i-egulated 192 

Carondelet  may  conunit  prisonei-s  to 193 

minors  liable  to,  to  be  committed  to  bouse  of  r('fiig(' 250 

WORKING  ON  ROADS,  citizens  of  St.  Louis  exempt  from 180 


YEAS  AND  NAYS,  when  common  council  to  take. 


...  183 


INDEX  TO  REVISE!)  ORDINANCES, 


A. 

ABANDONED  CHILDREN  may  be  cominitted  to  house  of  refno-e...  434 
ABATEAIENT  OF  NUISANC'ES,  street  inspectors  to  attend  to..427,  420 

on  private  i)roperty,  provisions  for 400 

ABLE-BODIED  PERSONS,  who  declared  to  be 494 

ABSENCE  of  tiremen  fj-om  fires,  how  punished 3o2 

of  officers  witliont  leave,  how  ]nmished 30() 

how  permission  for,  may  be  olitained 300 

ABSTRACT,  of  certilicates  of  inspection,  inspector  of  hay  to  regis- 
ter  44o 

of  deaths,  to  be  published 418 

how  classified 418 

of  ti-ansfers  of  real  property,  president  of  board  of  assessors  to 

procure 501 

ACCOUNT,  with  treasurer  and  city  officers,  auditor  to  keej) 553 

chief  operator  of  fire-alaian  tele<>’ra[)h  to  render 350 

of  waterworks  fund,  what  to  com]n-ise 023 

watei-  commissioners  to  render  to  council 000—010 

water  commissioiK'rs  to  kec]),  of  waterworks  fund 013 

AC(H)UNT  BOOKS,  of  city,  auditor  to  keej) 553 

comptroller  to  prescribe  mode  of  keeping 550 

ACCOUN'L .ABILITY  OF  OFFICERS  repeal  of  ordinance  not  to 

affect 203 

ACCOUNTS,  ag-ainst  city  hosiiifal,  boai-d  of  health  to  examine 408 

against  (piaranfine  hosiiifal,  how  settled 410 

board  of  health  to  keep,  of  expenses  incni-red 405 

street  Insjiectors  to  keeji,  of  expenses  inciu-ren 428 

harbor-master  to  keep,  of  certain  moneys 375 

auditor  to  adjust  and  certify 553 

compti-oller  to  keep  register  of 557 

register  to  render,  to  auditor,  when  547 

waterworks  committee'  to  examine 024 

AC’TIDNS,  city  counse'lor  to  iirosccute  and  defend 2t)5 

city  attorney  to  prosecute'  and  ele'fenel 290 

peneling,  not  atfecte'el  by  re'peal  of  eirdinaiu'e 292 

ADMINISTR.VTION  OF  CITY  GOVERNMENT,  auditor  to  keep 

separate  account  of 551 

ADMISSIONS  TO  CITY  HOSPITAL,  be>ard  of  health  to  regulate...  408 
duty  of  clerk  of  board  of  health  conei'rning 402 


704 


INDEX  TO  REVISED  ORDINANCES. 


ADMISSIONS  TO  CITY  IIOSPITAT.— 

l)eniiit  for,  liow  obtained 402 

ADVEirnSKMENTS,  sticking  up  witliout  leave 487 

indecent,  sticking  up  or  distributing 488 

for  city,  proposals  for  publishing 523 

AFFIDAVIT,  of  census-takers 284,  285 

for  proceeds  of  sales  by  harbor-master 378 

to  correct  erroneous  assessment 568 

on  ])a\vnbrokers’  license 577 

for-  city,  counselor  to  make 206 

city  attorney  to  make 207 

in  police  court,  how  made 517 

ALARjM  BELLS,  located 355 

ALLEYS,  street  inspectors  to  superintend  cleaning  of. 420 

engineer  to  carry  out  ordinance  concerning 310 

how  improved 324,  331 

engineer  to  keep  in  repair 324 

repairs  of,  how  paid 325,  332 

to  be  paved  after  building  sewer 327 

to  be  repaired  after  laying  gas-pipe 328 

to  be  repaired  after  laying  water-pipe 327 

proceedings  to  effect  grading,  etc.,  of 331 

proceedings,  when  declared  nuisances 454 

pi-oceedings,  when  dedicated  and  not  opened 454 

duties  of  land  commissioner  in  opening,  etc.,  of. 448 

ALPHABETICAL  INDEX  to  be  kept  in  police  court 521 

ALTON  PACKETS.  Mdiarfboat  of. 380 

rate  of  wharfage  for 380 

ALTERING  STREETS,  ETC.,  proceedings  in 448—454 

AMUSEMENTS  FOR  GAIN,  license  to  be  procured  for 584 

ANIMAL  OFFAL,  not  to  be  deposited  in  market-places 471 

ANIMAL  SUBSTANCES,  not  to  be  thrown  into  liigliways 421 

ANIMALS,  leaving  unfastened  in  street 401 

turning  loose,  in  thoi-oughfare 401 

cruelty  to 401 

riding  or  driving  carelessly 401 

flesh  of  certain,  not  to  be  sold 471 

not  to  be  driven  into  markets 471 

dangerous  or  unruly,  not  to  be  bi-ought  into  market-places 473 

dead  (see  dead  animals). 

APOTH  ECARY,  board  of  health  may  appoint,  for  hos[)ital 408 

AI’PEAL,  from  recorder,  how  taken 517,  510 

city  attorney  may  take,  from  jiolice  court 517 

from  inspectors,  how  to  be  taken 443 

costs  of,  how  paid 443 

APPE.VL  DOCKET,  in  ])olice  court,  how  k('pt 518 

APPEALS,  city  counselor  may  take 206 

city  attorney  may  take 207 

from  assessment,  how  made 566 

court  of  (sec  court  of  appeals). 


INDEX  TO  HEVISEj)  OIIDINANCES. 


705 


Al’POIN'l'Kl)  OFFICERS,  liow  ivnioved :m 

AFFOlN'l'MEN'r  OF  OFFICEKS,  how  iiKule 304— .‘iO!) 

APPIJOl’in  A/riONS,  foi-  house  of  refuge 432 

for  iiuproveuieiit  for  Carr  square.  Itow  exi)eii(led 507 

for  waterworks,  payaldc'  out  of  the.  waterworks  fund 024 

AKRESTS,  street  ius[)eetor.s  may  make,  when 42S 

ASHES,  not  to  be  thrown  into  highways 421 

cliief  engineer  to  direct  deposit  of. 303 

vehicles  transporting,  liow  to  be  secured 531 

ASSAULTIXijr  AXOTilER.  disturbing  peace  b}^ 485 

ASSEMRLACE  OF  RERSOXS,  disturbing 480 

ASSESSMENT,  of  pi'operty,  regulated 503 — 500 

'of  taxes,  comptroller  may  cori-ect 558 

ei-i-oneous,  how  corrected 507,  508,  509 

ASSESSMENT  LISTS,  to  be  delivered  to  board  of  assessors 504 

how  made 504,  505 

ASSESSORS,  how  appointed 503 

qualifications  of. 503 

when  to  enter  on  discharge  of  duties 503 

j)resident  to  allot  distilcts  to 505 

r('.'~ponsil)le  for  corr(;et  assessment 505 

duties  and  powers  of. 504—5(57 

term  of  otlice  of. 509 

to  assess  property  not  before  assiessed 574 

to  furnish  jilats  to  land  commissioner 449 

salary  of. 314 

duty  of.  concerning  district  sewers 341 

ASSlGXATIOX-liOlJSE,  olfense  ot  kei'piug 488 

ASSISTANT'  COUXSEl.,  when  to  be  (miployed 290 

ASSISTANT  EXCINIOERS,  of  engineer  department,  how  aiiiioiuted  338 

salary  of 313 

ASSISTAXT  ENG  tXEERS,  of  tire  department,  how  appointed 349 

teian  of  oHice  of. 349 

to  perfoian  duties  of  c4ii(4'  in  his  absence 351 

powei-s  of,  at  lires 353 

ASSIS’fAX'r  ORER.VTORS,  of  tire-alarm  telegrai)h,  how  ajiiiointed..  355 

ASSlS’lWX'l'  RJIYSICIAXS,  athosiiital.  how  appointed 408 

d Util'S  of 408 

to  receive  hoard  and  washing 409 

ASSIS’J  AX4'  SEXTOX,  wIk'ii  to  be  employed  410 

A'fLAXTlC  AND  M ISSISSI I’lM  STEAMSIHl*  COMlbVXY,  pro- 
visions for  whai’f  of. 391 

ATTACHMENT  TO  WA'l'ER WORKS,  amount  to  bi;  paid  for 028 

not  to  run  to  waste 030 

inspi'ctors  to  visit  and  inspect 032 — 033 

ATTACHMENTS,  in  police  court,  Avhen  to  i.ssue 513 

from  land  commissioner,  how  issued  and  sei’ved 449 

AT'TORNEY  (city),  powers  and  duties  of. 290,  297 

may  employ  counsel,  when 297 

dut}^  of,  to  appi-ove  bonds 305 

45 


700  INDEX  TO  HE  VISED  ORDINANCES. 

ATTOKNK  V ( (;ity ) — Continued . 

not  to  be  accepted  as  surety  on  boiid.« 305 

notice  tor  depositions  to  lie  served  on 310 

to  prosecute  iniiieaclinients 311 

salary  of. 313 

duty  of,  to  approve  form  of  contracts 321 

notices  and  process  to  be  served  on 517 

prosecutor  to  be  appointed  instead  of,  vvlien 517 

to  make  aflidavits  in  police  court 517 

may  appeal  from  recorder 517 

register  to  furnish  records  and  docnments  to 545 

ATTORNEYS,  roll  of,  to  be  kept  in  police  court 522 

AUCTIONEERS,  provisions  concerning 579—580 

who  declared 570 

to  procure  license 579 

amount  of  license  for 579 

to  give  bond 579 

penalty  against,  for  violating  ordinance 580 

AUDITOR,  to  report  census  to  conncil 285 

sergeant-at-arms  to  carry  messages  for 288 

sergeant-at-arms  to  report  to 289 

city  counselor  to  settle  with 290 

to  draw  warrant  for  election  expenses 300 

not  to  be  accepted  as  surety  on  bonds 305 

not  to  pay  salaries  of  officers  holding  over, 300 

to  draw  warrant  for  expenses  and  impeachments 311 

salary  of. 313 

salary  of  clerk  of 313 

copies  of  contracts  to  be  furnished  to 321 

accounts  to  be  certilied  to 322,  323 

special  tax-bills  to  be  delivered  to 325 

duty  of,  concerning  distilct  sewers 341 

monthly  statements  concerning  fire  department  to  be  transmitted 

to....^ 351 

chief  opei-ator  of  tire-telegraph  to  account  to 350 

harbor-master  to  settle  with 375 

treasurer  to  report  to,  concerning  certain  sales 377 

to  draw  warrant  for  proceeds  of  sales,  when 378 

wood-master  and  Inmber-measnrers  to  settle  Avith 384 

to  draw  warrant  for  expenses  for  lioard  of  health 404,  400 

duty  of,  concerning  tax-bills  for  abating  nnisanci's 405 

to  draw  warrant  for  expenses  for  city  hospital 408 

to  draw  warrant  for  expenses  for  sti-eet  inspectors 428 

to  audit  accounts  for  ti'Sting  public  scales 142 

com])troI!er's  recinpts  to  lx;  tiled  with  ... 452 

marshal’s  receipts  to  b('  tiled  with. 453 

to  keep  account  of  street-opening  fund 152 

to  issue  warrants  foi-  expenses  in  viewing  nuisanci's 455 

to  charge  account  of  stall-rent  to  collectoi’s 4(»5 

to  draw  warrant  for  secret-service  money 481 


INDEX  TO  JIEVJSED  OllDINANCES.  707 

duty  of,  c*oiK*(‘niin_2:  revciiiie  fmm  new  limits r)08 

to  draw  warrants  for  improvoment  of  Can-  square 507 

to  draw  warrant  for  otliciating-  recorder 510 

to  allow  marshal  for  witnesses’  fees  paid 510 

to  audit  aceounts  for  costs,  when 520 

clerk  of  police  court  to  report  to 520 

register  to  deliver  certain  recei{)ts  to 540 

register  to  draw  requisition  on,  for  stationer-y.  etc 547 

register  to  render  accounts  to,  when 547 

provisions  concerning 553 — 550 

duties  and  powers  of.'. 553—550,  564,  566,  567,  572.  581.  582 

term  of  office  of. 555 

treasurer  to  settle  with 560 

to  make  statement  of  revenue  of  preceding  year. 561 

duty  of,  concei-ning  receipts 562.  5()3 

examining  committee  to  settle  witii,  w-hen 502 

assessments  to  be  reported  to,  when  560 

tax-lists  to  be  delivered  to 507 

statements  of  mereliants’  stock  to  be  delivered  to 581 

w-eighers  of  hay  and  stone-coal  to  settle  w ith 508 

to  keep  account  of  waterworks  fund 623 

to  credit  vertain  moneys  to  waterworks  fund 628 

register  of  waiter-rates  to  fde  receipts  with 632 

superintendent  of  W'Orkhouse  to  tile  receii)ts  w ith 651 

AT  DITOE’S  CLEEK,  how  appointed 555 

duties  of 555,  550 

style  of 556 

-AVENUES,  street  insi)cctors  to  report  nuisanc.es  on 427 

street  inspectors  to  su])ei-intend  cleaning  of 4-20 

proceeding  wiien  dedi(tated  and  not  opened...  454 

-VWN INC -POSTS,  directions  coman-ning 330 

penalty  foi-  erecting,  contraiy  to  ordinance 330,  331 

penalty  for  fastening  animals  to 332 

penalty  for  injuring 334 


H. 


1>.\(XJN,  who  may  sell 471 

liACON  VENDEES,  may  sell  saltcal  meat 471 

DADOES,  tiremen  and  officers  to  wear 352 

drivers  of  licensed  vehichvs  to  waair 531 , 534 

public  porters  to  wear 544 

DAO ATELLE-TAEliES,  license  to  be  procured  for 584 

who  declared  keepei-  of 585 

amount  of  liccmse  for 586 

DAOOAOE-WAOONS,  (axon 528 

to  have  registered  number  on 520 

rate  of  fare  for 531 

name  of  owner  to  be  painted  on 534 


708  INDEX  TO  ilEVISEI)  OEDINANCES. 

BAIL,  how  g’iveii  for  parties  arrested oil 

wl>en  to  l)e  forfeited 512 

BALLl)  COTTON,  regulations  coneeriiing  storage  of 308 

BAIdCI)  HAY,  not  to  be  stored  within  eei’tain  limits 308 

offered  for  sale,  to  be  inspected 441: 

l)enalty  for  sale  of,  without  inspection 445 

elassilication  of. 444 

when  to  be  I’emoved  from  wharf. 385 

BALED  HEMP,  not  to  be  stored  within  certain  limits 308 

how  long  to  remain  on  wharf. 308 

when  to  be  removed  from  wharf, 385 

BAT J.OT-BOXES,  register  to  deliver  to  judges 301 

penalty  for  seizing 302 

eti'cct  of  seizing  or  carrying  otf. 302 

when  to  be  sealed 302 

penalty  for  handling 303 

BALLOTS,  to  be  counted  and  certilied.  liow 302 

to  be  replaced  in  ballot-box  after  counting 302 

not  to  be  examined 303 

contestants  may  examine 304 

BANK-CHhlClvS,  for  city  money , how  drawn  500 

BANK  OF  THE  STATE  OF  IMISSOTTBr,  money  to  be  de[)osited  in..  500 

BABBER-SHOFS,  maybe  kept  open  on  Sunday 4 489 

BAROES,  hai-bor-master  to  direct  mooring  of 370 

not  to  1)6  landed  in  front  of  waterwoiEs 378 

i-ate  of  wharfage  on 385 

penalty  for  refusing  to  ])ermit  measurement  of 385 

BARRELS,  for  beef  or  pork,  i-t'gulations  concerning 430 

how  much  to  contain 430,  438 

BATHING,  naked,  in  day-time 487 

BATHING  ESTABLISHMENTS,  maybe  kept  open  on  Sunday 489 

BAWDY-HOUSE,  penal t,v  for  keeping 488 

BEASTS  OF  BURDEN,  otlenses  concerning 332,  490 

BEEF.  ])rovisions  for  inspection  of. 430 — 139 

how  classified 438 

penalty  for  inteianixing,  afUu-  inspection TIO 

compensation  to  insi)ector  for  storing 439 

tainted,  to  be  marked  • ‘■coiKhmined’ ’ 435) 

])laces  for  sale  of  by  the  (piarter 401,  402 

BEER-HOUSES,  pimalty  for  enii)loying  lewd  women  in 15)0 

jic'ialty  for  keeping  without  liccmse 570 

))rovisions  concerning  license  of. 574— 57(i 

amount  of  license  for 575 

BELL-MAN,  ])enalty  for  emi)loying 480 

BELLS,  none  hut  alaian-bells  to  he  lamg  in  case  of  lire 355 

penalty  for  u.sing,  to  attract  ])eoi)l(' 48(5 

lading  or  di  iving  animals  with 191 

])enalty  for  driving  sleighs  without 191 

BETTING,  at  gaming,  ])(malty  for 488 

BEVEIRAGES,  ])laces  for  sale  of,  may  be  kept  open  on  Sunday 489 


INDEX  TO  EEVISEI)  OliOrNANCES.  700 

lUDDKRS  lor  stands  or  stiills,  to  forfeit  sum  paid,  wlieii 404 

lUDS  FOR.  crrV  PIMNTINIi,  comptroller  to  advertise  Ibi- o'j;} 

liow  opened o24 

to  !)('  submitted  to  eommon  (iouncil 524 

RIDS  FOR  I’FBLIC  WORK,  provisions  concernino- 520 

lULLI ARD-TAIiLES,  license  to  be  procured  for 584 

Avho  deelai'('(l  keeper  of. 585 

amount  of  license  for 585 

penalty  for  keeping'  witliout  licejise 585 

lUTiLIARDS,  penalty  for  playino-,  on  Sunday 480 

RIIA.S,  counselor  (city)  to  draft 295 

a<rainst  lire  department,  how  certitied 350,  351 

against  waterworks  dcjiartmeiit,  how  audited 023 

for  ])urchases  at  workhoii.se,  how  audited  and  paid 051 

putting  up,  without  consent 487 

indecent,  putting  up  or  distributing 488 

RILLS  OF  MORTALITY,  provisions  concerning 417—418 

RLAXK  CEKTTFICATES,  register  to  fmaiish  weighers 592,  003 

weighers  of  hay  and  stone-coal  to  receii)t  for 598 

rt'gister  to  furnish,  to  certain  officers 540 

RLAXK  LiOEXSES,  duties  of  I’egister  concei-ning 540 

RLAXKS,  to  i>hysicians  and  sextons,  who  to  furnish 417,  418 

Rf.ASriXG  ROCKS,  without  proper  precaution,  penalty 491 

BLOCKS  (city),  duty  of  engineer  to  numlau- 319 

RfiOlV'X  MEAT,  market-iiiasters  to  seize 408 

market-master  to  (h'stroy 471 

peualty  for  selling 471 

ROAR!)  OF  ASSESSORS,  comptroller  to  direct  books  to  be  kept  by  558 

how  constituted 503 

duties  of 504—507 

BOARD  OF  (X)MMIS.SIONERS  OF  MDLLAXPIIY  EMlORAX'f 

REIREF  FUXl),  how  elected oOO 

(lualitication  ofmemb(*rs  of 500 

powers  and  duties  500 — 501 

to  report  vacancies  to  common  council 500 

term  of  otlice  of  nuuifbers  of 500 

mayoi*  to  be  j»resident  of. 500 

ollicers  of,  how  electf'd 500 

books  of,  to  be  open  for  inspection 501 

BOARD  OF  FIRE-EXOINEERS,  how  elected 289,  349 

how  composed 349 

])ow(‘rs  and  duties  of 3 It) — 358 

wlum  to  meet :}52 

(piorum  of. 353 

to  ha\a;  custody  of  tlia'-alarm  telegrajih 355 

chief  operator  to  i‘(*])ort  to 350 

RO.MID  OF  IlEALdMl,  sergeaut-at-arms  to  attend  on 288 

election  of. 289,  401 

])rovisions  concfnaiing 401 — 407 

how  constitut(!d 401 


710  INDEX  TO  REVISED  ORDINANCES. 

JiOAIU)  OF  imAXim —Continued. 

when  to  meet 401 

I)enalty  for  ahsciiee  of  member  from 401 

(luoriim  of 402 

l)resi(lent  of,  how  elected 402 

clerk  of,  how  elected 402 

j)roceedin^s  of,  how  kept 402 

l)ovrers  and  duties  of 402—400,407—100,  410,  411,  415—410,  420 

427,  428 

l)enalty  for  refusino’  to  obej" 404 

eoinpensation  of. 314,  400 

health  officer  to  see  orders  of,  obeyed 407 

health  officer  to  attend  meetin<^s  of. 407 

street  inspectors  to  attend  meetin«^s  of 427 

notices  and  precepts  of,  how  served 427 

street  inspectors  to  report  expenditures  to 428 

street  inspectors  to  report  nuisances  to 428 

street  inspectors  to  act  as  officers  of. 420 

meat-shoi)s  to  be  under  control  of 477 

to  abate  steam-whistles,  when 408 

may  order  fire-plugs  to  be  used (530 

BOARD  OF  IMPROVEMENT  OF  MISSOUIU  PAPvK  AND 

VAASHINOTON  SQUARE,  election  of. 289,  50(5 

authority  of. 507 

HOARD  OF  IMPROVEMENd^  OF  LAFAYETTE  1L\RK,  powers 

of 507 

HOARD  OF  MANAGERS  OF  llOUSE  OF  REFUGE,  powers  and 

duties  of. 431 — 433 

to  lix  and  approve  bond  of  superintendent 432 

HOARD  OF  MANA(4ERS  OF  WORKHOUSE,  election  of 289 

superintendent  to  report  to (545,  C4(5 

superintendent  to  keep  minutes  of (54(5 

duties  of (51(5,  (547 

quoiaim  of (547 

to  liear  and  remedy  complaints  of  prisoners (517 

to  report  to  common  council (547 

to  (ix  extra  pay  of  prisoners 048 

to  conti-ol  punisliment  of  prisoners (>48 

to  regulate  diet  of  prisonei’s (550 

to  fix  rate  of  board  of  guards (550 

HOARD  OF  PERMITS  foi‘  meat-sliops,  how  composed 47(5 

IRIARD  OF  WATER  COMMISSIONERS,  how  composed (509 

HOARDING,  of  guards  at  workhouse,  how  fixed (550 

of  prisoiK'rs  at  workhouse,  rate  of (547 

HO.MvDS,  lumher-measurers  to  measure 379 

expensi;  ot  handling,  how  jiaid 379 

how  assorted  and  measured 5>80 

how  classed  380 

where  landed il'^O 

wharfagii  on 38(5 

fees  for  imaisui-ing 387 


INDEX  TO  UEVISEl)  OIU)INANCES.  711 

liOA'l'S,  to  bo  romovod  from  harbor 1583 

sunk,  diilios  of  liarbor-inasb'r  coneei-nin^ 884 

Avharfa^’o  on 885,  88G 

l)onalty  for  ri'fnsino-  nK'asuronu'nt  (d’. 885 

lu'altb  oni(*,or  to  oxainino,  'wbon 407 

(inarantino  i)l»ysiciau  lo  examine 410 

ec'rtain,  to  toneli  at  quarantine 410 

evadin,<i'  (inarantine,  penalty 411 

(inarantine  physician  may  examine  (-rew  of 412 

wlnm  to  receive  jjermit  to  enter  city 412 

bringing  contagions  disease  into  the  city,  ])enalty 412,  418 

certain,  may  land  sick  persons  at  Bloody  Island 418 

to  be  removed  to  quarantine,  when 413,  414 

expense  of  removing’,  how  paid 414 

to  pay  fee  for  examination 415 

BOITBNG  INFLAMMABLE  MATEBIAT.S,  regulations  concerning..  860 

U()NI)  (official),  certain  officers  to  give 305 

how  approved 305 

certain  officers  not  to  be  receive<1  as  surety  on 305 

amounts  of,  tixed 312 

BOND,  of  auctioneers 579 

of  chief  engineer  of  lire  de[)aiament 84'.) 

of  city  weighers GOO 

of  clerk  of  police  court 511 

of  collectors  of  revenue 570 

of  contractors  convoying  i)rison(‘rs  to  workhouse 522 

of  contractors  for  i)ublic  work 821 

of  hoi’se-auctioneers 580 

of  insi)e(iloi’  of  hay 444 

of  inspector  of  vehicles 533 

of  lumber-measurers 379 

of  olHcers  of  INI ullau])hy  emigrant  I’elief  fund 500 

of  pawul)i’okers 577 

of  ])ublic  poi’ters 543 

of  register  of  wat(*r- rates 63 i 

of  superintendent  of  house  ol'  n'fuge 482 

of  sui)eriideudents  of  streets 828 

of  wood- master T 881 

for  bringing  ))aup(‘rs  to  city 419 

lor  f(U’ry-boats 892,  893 

for  lic(‘ns(“d  vehicles 529 

foi-  making  s<;wer  conuectious 339,  341 

for  i’(Mnoviug  car(;ass(*s 424 

lo  accompany  bids  foi'  public  woi’k .- 320 

P.ONDS,  regist(*r  to  I’ccoi’d 547 

I>()NI)S  (<-ity),  ollica'i’s  not  to  deal  in 307 

how  lo  be  signed 557 

comptroller  i’es])onsi!)l(‘  for  [)i-oceeds  of. 557 

comptroller  may  issue,  ol'  certain  denomination 559 

BONDS,  foi-city,  attorney  to  execute,  when 207 


712  INDEX  TO  REVISED  ORDINANCES. 

i>ONI)S  (penal),  to  accompany  bids  for  contracts 308 — 301) 

who  to  jnd^e  snlticiency  of. 300 

to  be  returned  to  l)idders 300 

JU)()K-KEEPER,  comptroller  to  appoint ,500 

iiOOKS  OF  POLICE  COUllT,  who  custodian  of 521 

LOOKS  IN  ENGINEER’S  OFFICE,  open  to  insi)ection 322 

BOOKS.  i)enalty  for  selling  or  exhibiting- lewd  or  indecent 487 

register  to  i)rocnre,  for  city  otlicers.. 547 

BOUNDARIES  OF  WARDS,^  established G04 

BOUNDARY  LINES  OF  WARDS  to  be  center  of  streets GOG 

BOWIE-KNIFE,  penalty  for  cari-3ino- concealed 488 

BOW-WINDOIVS,  pi-ojeeting  over  sidewalks,  penalty 333 

BRACKETS.  ])enalty  for  injuring 335 

BRANCH  WATER-PIPES,  regulations  concerning 621) 

BR  ANDS,  altcj-ing  after  inspection,  ])enalty 439,  442,  445 

BREACH  OF  BOND  of  weighers,  what  deemed  to  be 592 — 594 

how  proceeded  upon ,593 

ollice  of  weigher  to  cease  on  second  conviction  for 594 

BREAt'H  OF  ORDINANCE,  pcmalty  for,  when  not  fixed 344 

BREACH  OF  THE  PEACE,  powers  of  mayor  to  quell 480 

penalty  for 485 

BREAD,  ])laces  for  sale  of,  may  be  kept  open  on  Sunday 489 

veliicles  transporting,  free  of  tax 530 

BROKEN  ROCKS,  regulations  foi-  macadamizing  with... 329 

BROKERS,  to  procure  license <584 

BUGGIES,  regulations  concerning  tax  on 528 

who  may  keep  market  for  sale  of 580 

BUI  LDING,  without  permit 3G3 

BUILDING  MATERIALS,  what  space  to  occupy 333 

BUILDINGS,  of  wood,  i-egulations  concei-ning 358—3,59 

for  smoking  meat 359 

chief  engineer  to  give  ])ermit  to  erect. 3G2,  3G4 

penalty  for  erecting,  without  permit 3G2,  3G4 

engineer  to  remove,  from  stveets,  when 454 

how  to  be  as.sessed  for  taxation 5G5 

BURNING  COAL,  not  to  be  can-ied  in  street 3G0 

BURNING  OUT  FLUES,  regulations  concerning 3G1 

BUSHEL  OF  STONE-COAL,  how  computed 598 

BUSINESS,  place  of,  keei)ing  open  on  Sunday 489 

BUTCHERS,  diGies  of,  concei-ning  slaughtei’-houses 421 

may  keep  meat-sho])S,  whoi 478 

BUTCHERS’  STALLS,  when  to  l)e  lea.sed 4GI 

who  to  gi-ade  ])rices  of IGI 

when  to  t)e  i)ainted IG7 

BUTCHERS’  AVL\GONS,  space  set  apai-t  for,  at  (\“nl('r  market 471 

BUTTER,  how  sold  in  markud; 473 

how  stands  may  he  leased  for  sale  of 471 


INDEX  TO  EKMSED  OilDlXANCES.  71^5 

(\ 

('Ar>S  on  CAlilMOLETS,  coiicci’ning ;72S 

t:ix  oil r)2<S 

linvi'  i-('oisto2’('(l  iHiiiilxM-  oil 528 — 52',) 

rate  of  fare  for 580 

to  liave  lamps  at  iii^lit 581 

limitation  of  stands  for 585 

OALAEOOSE,  lieallh  ollicer  to  visit  sick  pilsonei’s  at 407 

CALAJUIOSE-KKEPEII,  to  deliver  [nisoiiers  to  marslial 514 

OALTyEl)  SESSIONS  of  common  council,  notice  for 288 

CAPTAINS  OF  POTTCE,  may  approve  bail  bonds 511 

(lAP(b\SSES.  to  be  reported  to  clerk  of  board  of  bealtli 428 — 124 

clerk  of  board  of  bealth  to  keei)  register  of. 424 

may  be  i-eported  to  street  insjtectors 424 

report  of,  how  kept 424 

by  whom  and  how  removed 424 

not  to  be  interfered  with,  except  liy  certain  jairties 425 

interfering  with  or  Haying,  jiennlty — 425 

CARDS  OF  RATE  OF  FARE  to  be  posted  in  vehicles 581 

register  to  furnish ,581 

Cargo,  time  allowed  vessels  to  disdiarge  and  take  in 888 

harlior-master  may  extend  time  for  discharging 88,8 

CARONDELET,  mayor  of,  may  commit  to  woi’khouse 0,52 

CARlt  SQUARE  improvement  committee,  authority  of. 1307 

police  to  enforce  regulations  of. 507 

CARP  I AGE-WAN,  cost  of  rcjiaving,  how  ])aid 824 — 825 

CAPRIAGES,  regulations  conceiaiing 528 

tax  on 528 

not  to  be  washed  in  street,  etc 421 

who  may  kei'p  market  for  sale  of 580 

CARRATNG  RUPNING  COAL  oi-  brand  in  street,  penalty 800 

CARRYING  CONtJEALEI)  WEAPONS,  penalty  tor .' 488— ISO 

CAR'l'S,  r(‘gulations  concm-ning 528 

tax  on 528 

to  have  i-egist(‘red  number  on 528 — 520 

transporting  loose  mabalals,  etc.,  how'  secured ,581 — ,582 

to  have  name  of  owner  on 581 

CASES,  in  police  eoiul  , in  w hat  oi-der  to  be  tiled 510 — 511 

CELI.AR-DOORS,  regulations  concei-ning 820 

penally  for  halving  ojx'n ,8;i2 — 888 

CELLAPS,  street  inspectors  may  (Miter 422 

('E.ME'l'EP  1 ES,  iirovisions  conc(M-ning 11,5 — 417 

internuMits  in  portions  of.  j)rohi))ite<l 410 — 417 

mwv,  not  to  lx;  estalilished  aftcM-  C(Mlain  tinu; 417 

CEMETERY,  ST.  LOITS,  duties  of  ollicms  sending  dead  bodies  to..  402 

located 415 

to  b(‘  divided,  how  415 

sexton  of,  to  b(‘  (Muploycxl  415,  410 

grounds  of,  to  lie  k(*pt  in  l•(‘])air,  how 415,  410 


714 


INDEX  TO  REVISED  ORDINANCES. 


(;EMP:TERY,  ST.  Continued. 

sexton  to  keep  register  of  l)0(lies  buried  in 415,  4Jn 

sexton  to  deliver  certain  eertideates,  to  whom 415,  410 

(CENSUS,  wlien  to  betaken 283 

l)resident  of  board  of  assessoi's  to  superintend  taking-  of 2S3 — 284 

what  to  contain 284 — 285 

('ENSUS  REPORT,  wliat  to  contain 284 — 285 

(.’'ENSUS-TAKERS,  liow  ai)pointed 283 

delegation  of  wai-d  to  reeoniin'end,  for  appointment 283 

list  of,  to  be  published 284 

president  of  board  of  assessors  to  furnish  blanks  to 284 

directions  to 284 — 285 

OENTER  MARKET,  provisions  concerning  400 

located 4G0 

OENTER-MARKET  HCAEES,  located 50! 

(CERTIFICATE  OF  MEASUREMENT,  bynber-nieasurers  to  give...  380 
CERTIFICATE  OF  I^lEASUREMENT  OF  FIREWOOD,  what  to 

contain  G02 

not  to  be  given,  when G03 

to  be  delivered  to  pui-cliaser G03 

changing  or  altering,  penalty G03 

CERTIFICATE  OF  WEIGHT  OF  HAY  OR  STONE-COAL,  what 

to  contain 501 

not  to  be  deliven'd,  when 50G 

not  to  be  valid,  when 507 

olfering  coal  or  liay  under,  issued  by  certain  parties 507 

issuing  from  forfeited  scales 507 

falsifying  or  changing 508 

issuing  at  unauthorized  scales 500 

CERTIFICAd'ES,  blank  (see  blank  certhicatcs) . 

city  weigiiers  to  give,  what GO! 

of  election,  bow  issued 303 

of  inspection,  hay  inspectois  to  give 445 

of  vot(*s,  how  made  and  signed 302 

of  whai-fage,  what  to  contain  387 

CHA.MBER  OF  COMMERCE,  power  of,  to  r(*gulate  dunnaging 388 

CHANGING  MARKS  or  brands  of  insj^ectors,  penalty  415 

CiL\RCOAL,  to  b(‘  sold  ])y  bushel GOO 

measm-es  for,  to  be  insi)ectcd GOO 

])enalty  for  selling,  in  measur('s  not  inspected GOO 

regulations  for  bui-ning,  in  market 472 

CII.VRGES  against  oflicers,  bow  tried 300 — 311 

against  mayoi-,  bow  brought  and  investigated 481 

CHFCKS  for  city  money,  how  diaven 5(i0 

CHIEF  EN(HNEER  OF  FIRE  I tEPAiri'MENT,  to  assign  space* 

for  building  materials 333 

how  ap[)()int(‘d 310 

t(*rni  of  ollice  of 310 

bond  of. 310 

to  attend  meetings  of  board  of  lire  engineers 310 


INDKX  'TO  KEVI^EI)  OliDTNAXCEKS. 


715 


CIIIKF  KNGINKKR,  ()I<^  I'lMK  J)EI\\iri\>IGNT— CWi/mc^L 


lire  (.lopartiiK'iit  to  IxMiiKho- (‘omiiiand  of. .T)0 

(liilioj^and  powers  ol’. IMO — 350,  l>(J3 — 305 

ina}'  call  ineetiiii^s  of  ])oar(l  of  lire  en;>:iiieers .352 — 353 

may  hire  or  purchase  horses  and  mules 353 

powers  of.  at  lir('s 353 

to  raze  l)ulldi]i<i:s  erected  contrary  to  ordinance 350 

l)owers  of,  to  carry  out  certain  ordinance 3 il 

may  cliarter  steamboats  in  case  of  tire 302 

to  tyrant  permits  toi’  building  purposes 303 

penalty  for  disobey in<>‘ 303 

CHIEF  ENGINEER  OF  AVEVTER WORKS,  how  appointed 010 

(pialilications  of. 010 

salaiy  of 010 

CHIEF  OF  POLICE , to  report  persons  arrested 511 

may  approve  bail  bonds 511 


CHIEF  OPERATOR  OF  FIRE-ALARW  TELEGRAPH,  how  ap- 


pointed  355 

term  of  oliice  of 350 

duties  of 350 

CHILDREN,  certain,  may  be  committed  to  house  of  refui^’e 431 

CHILDREN’S  TICKETS,  railroad  companies  to  sell,  at  certain  price,  542 

CHIMNEYS,  regulations  concerning 300,  301,  303 

CISTERNS,  board  of  tire  engineers  may  rc(*onimend  erection  of 35() 

CITIZENS,  duty  of,  to  assist  mayor,  when 480 

authorized  to  ascertain  weight  of  hay  or  coal 505 

may  arrest  driver  of  hay  or  coal  teams 505 

CITY,  division  of,  into  wards 001 

CITY  ATTGRNEY"  (see  attorney) 200 

Cri'Y'  BONDS  (see  bonds). 

CITY  COUNSELOR  (see  counselor)  205 

CITY  DEBT,  comi)trollei‘  to  suj)ervise 550 

eomptroller  may  re(iuire  auditor  to  pay,  when 558 

CrrY  HALL,  certain  ollices  to  be  kept  in 307 

auditor  to  keep  separate  account  of 554 

CITY  HOSiRTAL,  provisions  concerning 107 — 100 

board  of  Inailth  to  superintend  407 

regulations  (*onc(‘riung  admission  to 402 

recoi’d  of  pen-sons  dying  in,  how  kept 402 

sick  prisoiKU-s  to  he  conveyed  to Olh 

Crj'Y  M.VRKET,  ])rovisions  concen-ning KH) — lO;'* 

located 401 

('Il’Y-MARKET  S(b\LES,  located 501 

CITY  OFFK.'EPS 304,  300,  311 


counselor  to  advise 205 

jittormy  to  defend  and  advise 207 

duty  of,  to  seizes  gunpowder,  vvluni 308 

mayor  to  sup(*rvise  and  control 480 

mayor  to  report,  for  neglect  of  duty 480 

to  give  certain  information  to  superintendent  of  waterworks 027 


TIG 


INDEX  TO  EEMSEl)  ORDINANCES. 


( ’ IT  Y OF  FI  OF  1 tS — Continued . 

to  arrost  pi-isoners  esc-aix'd  from  workhouse Got 

{See  Officers). 

CITY  WEKJIIEilS,  provi-^ioii'^  coiicerniii^ GOO — G02 

liow  to  oV)t;;l!i  licence GOO 

duties  and  powers  of GOO — GOl 

l>enalty  for  exercising' olhce  of,  without  liccns;' GOl 

tees  of. GOl 

(JLAIMS  AO  AINS'f  CITY,  auditor  to  adjust  and  certify 55:1 

to  1)(5  allo\v('d  within  certain  time 554 

('LAFBOARDS,  wliarfage  on 1180 

CLASSIFICATIOX,  of  hcef. 438 

of  pork 43G— 438 

of  ])ailed  iiay 4-14 

CLEANIXG  STREETS,  provisions  for 42G— 427 

l)oard  of  liealtli  to  control 42G 

street  inspectors  to  superintend 42G 

CLEANLINESS  OF  CITY,  powei's  of  hoard  of  liealtli  to  secure 402 

CLERK  OF  ASSESSORS,  iiresident  of  hoard  to  appoint 5G0 

CLERK  OF  BOARD  OF  HEALTH,  election  and  (pialilications  of....  402 

powers  and  duties  of. 402,  403,  407,  417,  418,  410 

srdary  of.  for  conducting  dis[)ensary  40G 

general  salary  of :n3 

sergeant-at-arms  to  attend  on .- 288 

to  notify  land  commissionei'  of  nuisance  declared 454 

CLERK  OF  COMMON  COUNCIL,  election  of 288 

duties  of. 288,  203 

sergeant-at-arms  to  attend  on 288 

to  notify  register  of  apjiointments 30G 

salary  of 3 hi 

to  certify  contirmation  of  verdic.t  of  juiy 452 

CT^ERK  OF  POLICE  COURT,  othcc  of,  established 511 

bond  of. 511 

powei's  and  duties  of. 510,  511,  51(5,  518,  520,  521,  522 

fee  of,  in  appeal  casi's 518 

to  entei-  commitments  of  juveniles 4:13 

to  report  convictions  of  drivers  of  vehicles 538 

salary  of 313 

• CLERKS  OF  ELECTION,  liow  appointed 3t)l 

duties  of. 301 

penalty  foi-  intei'fering  with 302 

j)enalty  for  failing  to  I'crform  duties 303 

(*om])ensation  of 303 

CLERKS  TO  CITY  ENGINEER,  appointment  of,  etc 322,  32:5 

CLERKS  OF  UE(HS4ER  OF  VV A4’ER-R A'l'ES,  how  appointed G;52 

CLOTHING,  to  be  furnished  to  prisonei's  at  workhouse G51 

C'LO\'ER.,  place  fo)'  sale  of,  at  City  mai'kei 4t!2 

COAL,  v(.'hicies  ti'ansporting.  fr(H‘  from  tax o:i0 

not  to  be  landed  on  paved  wharf 38:5 

rat<!  of  wliarfage  for 

how  furnished  to  waterworks  department (52(5 — G2< 


INDEX  TO  llEViSED  OIIDINANCES.  TIT 

COAL-BOATS,  not  to  ]):iy  wharlag'0 38(5 

(X)AL-WA(B)NS,  limilatioii  of  stands  for 535 

to  (xa'upy  stiinds 53(> 

COAL-VAKDS,  iv<^iilations  coiK'ei-ning (X)0 

COBBIjLSTONK,  space  for  landing,  set  ai)art. 388 

regnlations  for  landing 388 

('Ol^'FLE,  niaj' be  sold  in  markets 472 

COFFEE-STANDS,  to  lx;  graded 4(!5,  4()d 

comptroller  to  re-let,  when 400 

who  to  locate,  and  regulate  number  of. 4(57 

])enalty  for  violating  provisions  concerning 472 

COLliECTION  OF  TAXES  regulated 570 — 573 

COLLE(,'TOES  OF  EENENUE,  pi-ovisions  concerning 570 — 573 

liow  appointed 570 

(pialitlcations  of. 570 

bonds  of 570 

duties  of 5(50,  570-572,  575,  57G,  578,  579,  581,  582,  583 

compensation  of 572 

auditor  to  deliver  tax-l)ills  to 5G7,  582 

to  collect  costs  of  demolishing  walls 3(55 

duties  of,  in  collecting  expenses  of  abating  nuisances 405,  430 

to  demand  I’ent  for  market  stands  and  stalls 4(55 

duty  of,  concerning  reveniu'  of  new  limits 502 

register  to  furnish  lilanks  to 54(5 

COLT,  penalty  for  carrying 487,  488 

COiMBF^STTBLE  MATEIMALS,  harbor-master  to  see  jirotected 375 

penalty  for  burning,  in  sti-eet 3G() 

(^OMMlSSIONEJvS  (s(!e  water  commi-^.^ionei’s) . 

(yOMjMlSSIONS  OF  OFFICEES,  register’s  duties  concerning 305 

i-egister  to  prepai'c  and  attest 54(5 

Cf)MMJTTEE  OX  WAYS  AND  INIEANS,  to  emiiloy  special  tax 

attornc}" 573 

COiMMITTEE  TO  EXAMINE  BOOKS,  ETC.,  of  certain  of- 
ficers  5(51 — 5(52 

COMMITTEE  ON  MAllKEd’S,  to  grade  prices  of  stalls 4(54 

to  grade  prices  of  iish-stalls  and  collee-stands 4(55 — 4(5(5 

to  locate  and  regulate  (U)!]ee-stands 4(57 

may  lease  stalls  and  stands 474 

(COMMITTEE  OF  IMPBOVEMEN'l'S  FOB  PABKS  AND 

SQIIAPES,  election  and  dutiiis  of 289,  50(5 — 507 

('OMMITTEES,  ehaUion  of 287,  289 

salary  of 314 

counselor  to  advisi? 295 

attorney  to  advis(‘ 297 

COMMON  COFNCIIj,  organization  of 287 

sessions  of 287,  288 

to  sit  as  court  of  appiads 287,  5G(5,  5(57 

resignations  from,  to  whom  addressed 289 

vacancy  in,  how  filled 289 

members  interested,  not  to  vote  on  certain  bills 290 


718 


INDEX  TO  REVISED  ORDINANCES. 


COMMON  CO\m VAX. —Continued. 

procec'diii^.s  of,  on  petitions  for  iini)rovin_i»-  streets 200 

counselor  to  advise 205 

attorney  to  advise 207 

to  appoint  Jndf^cs  of  election 301 

elections  to  be  contested  before 303,  304 

inenibers  of.  ?iot  to  be  accepted  as  sin-ety  on  bonds 305 

otlicers  to  snbmit  books  to  inspection  of. 307 

officers  to  report  fees  to 307 

pioceedin<^s  before,  in  ini])(‘acliments 309 — 311 

compensation  of  members  of. 314 

contracts  to  be  a])proved  by 321 

engineer  to  report  to 319 

sewer  committee  to  report  to 330 

board  of  tire  engineers  to  report  to 350 

to  appi-ove  rules  of  fire  department 350 

chief  operator  of  telegraph  to  report  to 351 

ha]-bor-master  to  report  to 375 

lumber-measurers  to  report  to 384 

wood-master  to  report  to 384 

may  direct  ferry  license  to  issue 392 

board  of  health  to  report  to 405,  408 

board  of  managers  of  house  of  refuge  to  report  to 432 

inspector  of  beef  and  pork  to  report  to 442 

land  commissioner  to  i-eport  to 448,  455 

to  convene  tor  installation  of  mayor 480 

to  notify  mayor  elect  for  installation 480 

mayor  to  report  delinciuent  officers  to 480 

may  prefer  charges  against  mayor 481 

when  president  of,  shall  act  as  mayor 481 

when  president  of,  shall  issue  ijroclamation  for  ('lection  of 

mayor 481 — 482 

to  elect  board  of  imi)r()vements  of  parks  and  scpiarcs 289,  507 

clerk  of  police  (murt  to  report  to 520 — 521 

auditor  to  furnish  information  to 555 

comptroller  to  report  to,  when 558 

examining  committee  to  rei)ort  to,  when 502 

rc'gister  to  furnish  stationery,  etc.,  for — 540 

water  commissioners  to  submit  plans  and  contracts,  etc.,  to.. .009 — 010 

to  elect  waterworks  committee 289,  022 — 023 

superintendent  of  waterwoi-ks  to  i-eport  to 024 

to  api)rove  contracts  for  coal 020 — 027 

register  of  water-rates  to  report  to 031 — 032 

sui)erintendent  of  workhouse  to  report  to 050 

to  elect  board  of  managers  of  w'orkhouse 289,  040 

COMMON  SEAIj  (seti  s(ial). 

COMMONS,  certain  ordinances  to  extend  over 308 

COMPENSATION,  of  (aty  officers 312—314 

of  Judges  and  clerks  of  eh^ctions 303 


of  assistants  at  hosi)ital,  how'  tixed 408 


INDEX  TO  DEVISED  OKDINANCES. 


711) 


r():\l  PENS A'FH )N^— (''owimwcf/, 

of  bo:u-(l  of  iK'iiltli 314,  40(5 

of  assistant  sexton . liow  iixeO 41(5 

of  collectors  of  ix'VcniK' 572 — 573.  570 

of  inspectors  of  l)eef  and  ])ork 430,  43t),  441 

of  inspectoi’s  of  lia}' 445 

of  jurors  before  land  coininissioner 452,  455 

of  fund  commissioner 314,  300 

COjMPTPOLT.Ell,  provisions  concerning 550—550 

city  attoriiey  to  report  to 207 

assent  of,  necessary  to  appeal  IVom  polie<'  court 207 

ser'>-eant-at-ai-ms  to  eariy  messsayes  foj- 28S 

not  to  b(3  accepted  as  surety  on  bonds 305 

onic(;rs  to  submit  books  to  inspection  of 307 

salary  of 313 

to  make  out  bills  foi'  razing  houses 305 

to  a})prove  contracts  for  removing  slops 42(5 

land  commissionei*  to  furnish  abstract  of  judgments  to 450 

to  notify  parties  of  assessments  of  benetits 450 

to  receive  excess  of  benetit  over  damages,  when 451 

to  return  lists  of  judgments  to  land  commissioner 451 

may  lease  certain  stands  for  fowls 4(52 

to  lease  vacant  stalls,  when 404 

ro  g)-ade  prices  of  stalls 404 

to  giv(i  notice  of  h'a'^ing  stalls 4(54 

to  give  notice  of  rent  due  for  stalls 405 

may  lease  unexpired  term  of  stalls 405 

to  grade  pi-ices  of  tish-stalls  and  cotlee-stamls 4(55- — 10(5 

may  re-let  vacant  tish-stalls 400 

to  insert  caulain  ])roviso  in  lease  for  tish-stands 400 

to  locate  cotVee-stands 4(57 

may  lease  stalls  for  certain  purposes,  how 474 

to  grant  permits  for  m(*at-shops 470 

to  advertise  for  conveying  })i-isoncrs  to  workhouse 522 

to  award  contract  foi-  conveying  j)risoners  to  woi-khouse 522 

to  adveilise  for  city  in’inting 523 

duties  of,  coiK'erning  bids  for  ])ianting 524 

to  select  collecdors  tor  certain  duties 551 

to  order  suit  against  delinqiumts  to  city ! 555 

to  i)ermit  nunnbers  of  council  to  ('xamine  books,  etc 555 

to  audit  accounts,  in  auditoi-'s  abs<‘nee 55(5 

I)owers  and  diitiesof 55(5 — 55t),  5(5S,  5(53,  571,  572.  573,  582 

treasurer  to  settle  with 5(50 

examining  committee,  to  ('xamiiu'  books  of. 5(52 

duty  of,  (concerning  rc'ceipts.  (etc 5(52,  5(53 

colk'cdors  to  report,  to,  wlnm 571 

Inauls  of  (kepartments  to  furnish  Information  to 550 

street-railroad  comi)anie,s  to  tile  a(3c(‘p1anc(c  with 542 

register  to  i-(*port  (Udimpieney  of  i-ailroad  compani(‘S  to 543 

to  (cause  suit  to  be  brought  against  delimpients 513 

to  ascertain  expense  of  removing  goods,  etc.,  from  harbor 377 


720 


INDEX  TO  REVISED  ORDINANCES. 


('OMPTROLLEK'S  CLERIv,  sulary  of 813 

('ONCEALED  ^^^EAP()NS.  })eiui]ty  for  carrying- 480 — 4S7,  4S8 

( lONDEMNED  ILAY,  what  to  comprise 444 

to  be  sold  by  inspectors 445 

])rocccds  of  sale  of,  bow  disposed  of. 445 

('ONI)EINSKD  STEAM,  to  be  paid  for  as  water G38 

CONFECTIONERIES,  places  for  sale  of.  may  be  kept  open  on  Sun- 
day  48b 

CONOREGATION  AT  WORSHIP,  penalty  for  distuEbinrr 48G 

CONSULTING  RIIYSICIANS,  board  of  health  to  ai)poinr. 40b 

CONTAGIOUS  DISEASES,  board  of  health  to  pi-ovide  again.st..402,  408 

j)ersons  attacked  with,  to  be  taken  to  hospital 408 

health  olllcer  to  report  to  board  of  liealtli 407 

CONTEMPT  OF  POLICE  COURT,  recorder  may  i)tmish 520 

CONTESTING  ELECTIONS,  proceedings  in 808—304 

CON4TNGENT  FUND,  secret-service  mone}"  to  be  chai-ged  to 481 

certain  expenses  chargeable  to 547 

CONTINUANCES  IN  POLICE  COURT,  provisions  concerning..51G,  517 

CONTR  ACT  for  conveying  prisoners  to  workhouse,  how  made 522 

CONTRACTORS,  to  give  security  on  contracting  for  w'oi-k 821 

accounts  of,  to  be  cerlilied  liy  engineer 822 

CONTRACTS,  for  public  work,  regulations  concerning 320 — 321 

for  sewers,  engineer  to  prepare 387,  338 

sewer  (;ommittee  to  supervise 337 

for  removing  oflal  from  sewers 342 

who  to  approve  form  of. .• 321 

water  commissioners  to  enter  into GIO 

in  waterworks  department,  provisions  concerning Gll,  G12 

for  removing  slops,  })rovisions  concerning 42() 

for  city  printing,  how  awarded 524 

general  provisions  concei’ning  liids  for 308 — 30b 

touching  city  proiierty,  to  be  copied  and  tiled 448 

comptroller  to  report  what,  made .■ 558— 55b 

for  coal  to  waterworks,  how  made 0*20 

CONTROVERSIES  between  tiremen,  how  decided 350 — 351 

(.’ONVEY ANCES  of  city  pi-operty,  to  Ix'  copied  and  tiled 448 

CONVEYING  PRISONERS  to  workhouse,  provisions  for 522 — 523 

COOPERAGE,  inspector  of  beef  and  pork  to  be  compensated  foi- 43G 

(COOPERS’  STUFF,  whartage  on 38G 

fees  for  measuring 387 

CORD  OF  FIREWOOD,  amount  ot,  lixed 381,  G03 

CORN,  standard  weight  of. 441 

refusing  to  have  weighed,  penalty 444 

place  tor  sale  of,  at  City  market 4G2 

(,’ORN-xME AL,  kiin-dri(xl,  may  be  sold  in  markets 478 

COSTS,  what,  to  be  taxed  in  police  court 515 

party  convicted  to  ])ay 515 

recorder  may  dismiss  on  payment  of,  when 515 

city  attorney  may  require  security  for,  when 5.1b— 520 

by  whom  to  be  taxed 520 — 521 

in  condemning  private  propei-ty,  how  chargial  453 — 154 


INDEX  TO  J{EYISIT)  OKDINANCl^^S. 


721 


COTTON,  baled,  reg'ulatioiis  conceniin^^ I>68 

(/OUNCIL  (’OMiMrrTEM,  to  approve  ceiiaiii  (.'xpejKiitniTS 481 

(X)l!N(^I  LM  EN,  \vh(Mi  to  oiHeiato  as  recorder oK) 

two,  may  eommit  to  lioose  of  refuge 434 

COWS,  bow  to  be  sold  in  markets 473 

COENSElj,  assistant,  to  be  employed,  wlien 296 

COENSELOK  (eity),  liow  appointed 295 

qnalitications  of 295 

term  of  office  of. 295 

salary  of 313 

powers  and  dnlies  of 295 — 296 

impy  employ  connsel  to  act  in  his  place 296 

ma3"or  to  deliver  notices  and  process  to 481 

to  sue  on  certain  bills 365 

to  conduct  suits  with  land  commissioner 448 

certilicate  of,  nece.ssaiy  for  purcliase  of  land  for  waterworks 618 

to  assist  water  commissioners G18 

to  approve  form  of  contracts 321 

to  approve  form  of  bonds  of  cit_y  officers 305 

not  to  be  accepted  as  surety  on  lionds 305 

to  pi'osecute  impeachment  of  city  attorimy 310 — 311 

register  to  furnish  records  and  documents  to 545 

COUPONS,  Avhat  interest  to  bear  when  unpaid 5G1 

ma,v  be  received  for  dues  to  city 5G1 

how  disposed  of  wlmn  paid  to  eit}" 5G1 

CblURT  OF  APPEALS,  common  council  to  sit  as 287,  5GG — 5G7 

powers  and  duties  of 5G7 

president  of  board  of  assessors  to  attend 5G7 — 568 

CRAFT,  landing  freight,  to  have  name  painted  on 382 — 383 

not  having  name  on,  penah\' 383 

CROSSING,  obstructing  with  vehicle,  penalty 341 

CROSS-KNUCKLES,  carrying  concealed 48G— 487,  488—489 

CROSSW  AlJvS,  raliroad  companies  to  pay  pare  of  cost  of 541 

CRUELTY  TO  ANIMALS,  penalty  for 490—491 

CULVERTS,  railroad  companies  to  keep  in  I’cpair 540 

CURRING,  cost  of,  how  [)aid 321 — 325 

when  to  be  set 324 

regulations  concerning 327 

D. 

DAGGER,  canying  concealed  488 

DAM  AGES,  cit}^  not  liable  in,  to  railroad  companies 541 

railroad  companies  liable  in,  to  passengers 541 

DAMAGES  AND  COSTS,  for  opening  sti-eets,  to  what  fund  to  be 

charged 453—454 

how  i)aid 453 — 454 

when  to  bear  interest 453 

when  to  be  paid 453 

DANGEROUS  ANIMALS,  not  to  be  brought  on  market-places 473 

46 


722  INDEX  TO  REVISED  OI^.DINANCES. 

DANGEIIOUS  r>U[LI)raGS,  i)rovisioiis  con(‘(;rnin,<j^ |](;4 

parties  refusing  to  remove,  i)e!ialty 3(54 

eost  of  removing,  how  paiel 3{)r> 

DAN(4ER()US  PLACES,  to  be  inclosed 335 

engineer  to  notify  owners  to  inclose 335 

engineer  to  cause  to  be  tilled  up : 335 

DANGEROL^S  WALLS,  chief  engineer  to  demolish 3(53 

DEAD  ANIMALS,  not  to  be  tlirovvUi  into  market-places 471 — 47:> 

not  to  be  deposited,  where 4'22 

ov,mers  of,  may  convert  to  their  own  use 425 

owners  of.  failing  to  comply  with  ordinance 425 

(S'ee  Carcasses.') 

DEALERS  IN  PROVISIONS,  not  to  sell  in  markets 475 

not  to  purchase  in  markets,  except  for  own  use 475 

DEATHS,  abstract  of,  to  be  published 417 — 418 

DEBTS,  auditor  to  keep  account  of. 553—554 

DEEDS,  for  property  sold  under  execution,  who  to  make  and  liow 

to  be  acknowhalged  and  attested 451 

to  be  recorded  and  tiled 452 

to  city  propei-ty,  to  be  copied  and  preserved 448 

DELINQUENT  PROPERTY,  water  not  to  be  supplied  to 018 

i>ELIN(2UENT  TAX  BILLS,  to  be  delivered  to  special  tax  attorney,  574 

DELINC^UENT  TAXES,  provisions  concerning 573 — 574 

how  to  be  recovered .573 

witat  interest  to  bear 574 

cost  of  suit  for.  how  paid 574 

DELINQUENT  5VATER-TAX  BILLS,  how  collected 017—018 

DELINv^UENTS  TO  CITY,  how  proceeded  against 5.55,  550—5.57 

DEIMANDS  AGA  INST  CITY,  auditor  to  adjust  and  cei'tif}’ 553 — 5.54 

DEPOSITIONS,  in  contested  elections 304 

in  impeachmeuts 310 

in  i>olice  court 517 

DEPUd'ATIONS.  provisions  concerning 311 

DEPU4TES,  certain  officers  prohibited  from  acting  as 307 

v.’hat  oificers  may  appoint 311 , 440 

principals  lialde  for  acts  of 311 

city  weighers  not  to  employ 001 

DEPUTY  COMPTROLLER,  how  appointed 5.50 

duti(‘S  of 5.50 

(•omptroller  liable  for  acts  of 5,50 

DEPUd  Y HARBOR-MASTERS,  members  of  deiiartment 374 

salary 'of. 313 

DEPU  rY  TiUMBLR-MEASURERS,  lumber-measurers  to  keej) 387 

DEPl'TY  MARSHAL  (for  land  commissioner),  mayor  to  aiipoint 4.55 

salaiw  of. 4.55 

duties  of 4,55 

DEPUTY  MARSHAL,  may  take  bail-bonds 511 

salary  of. 313 

DEPUTY  WOOD-MASTERS,  wood-master  to  keep 387 

DEPRESSIONS  BELOW  GRADE,  to  be  inclosed 3.35 


INDEX  TO  llEVISED  OEDINANCES.  723 

DErKKSSIONS  r>EL( )W  (JK A 1 )¥.— Continued . 

ciii^iiK'or  to  notify  owiu'rs  to  inclose 8.‘tr> 

eng-ineer  to  ennse  to  be  tilled  up 385 

DIET  OF  FIMyONKKS  at  worklionse,  liow  reg-nlated G50 

DIKK,  OR  DIRK-KNLFE,  penalty  for  carrying 488 

DIRT,  regulations  for  transportation  of 581—582 

DISCHARGING  (WRGOES  FROM  VESSELS,  time  allowed  for....  888 

DISCHARGING  FIRE-ARMS,  penalty  for 860,  861 

DISCOUNT  ON  MONEY",  what  fund  to  be  eliai-ged  to 561 

DISEASED  LIVE  ANIMALS,  penalty  for  selling  in  markets 471 

DISEASED  MEAT,  market-masters  to  seize 468 

DISEASED  PPIRSONS,  to  be  landed  at  quarantine 410 

DISEASES,  powers  of  board  of  health  to  prevent 402 

DISOBEY" ING  ORDERS,  of  chief  engineer  of  tire  department 868 

of  chief  or  assistant  engineers  at  tires 858 

DISORDERLY"  PERSONS,  market-master  may  eject  from  markets..  469 

DISPENSARY,  board  of  health  to  maintain 406 

clerk  of  board  of  health  to  conduct 406 

DISPUTES,  between  tiremen,  how  decided 85). 

in  markets,  market-masters  to  settle 468 

DISTILLED  LIQUORS,  penalty  for  selling  on  Sunday 489 

DISTRICT  SEWERS,  regulations  concerning 840,  841 

sewer  committee  to  rei)ort  bills  for 840 

cost  of,  how  paid 840,  841 

connections  with,  how  made 841 

I ) ISTR ICTS  OF  FI  RE- A L ARM-TICLEGR  A PH  S Y STE  M 858—854 

DISTURBING,  lawful  assemblage,  i)enalty  for 486 

religious  worship,  offense  of 486 

DISTURBING  I’EAC’E,  l)y  three  or  more  parties,  penalty  for  485 

offense  of 485 — 186 

on  Sunday 48tt 

DIVIDING-LINES  between  wards 607 

DOCKET,  of  city  cases,  counselor  to  keep 295 

of  police  court,  how  kc'pt 511 

in  whose  custody  to  be 521 

of  state  cases,  how  kept 522 

DOCUMENTS,  register  to  have  custody  of 545 

otticial,  register  to  })repare  and  authenticate 546 

ix'lating  to  city,  auditor  to  receive  and  pi'eserve 558 

DOES,  sale  of,  regulated 465,  476 

DOG.  term  detined 497 

DOGS,  provisions  concerning 494 — 497 

to  be  registered  and  tax  paid  on 494 — 495 

rate  of  tax  on 495 

to  wear  collars 495 

to  be  secured  and  muzzled 497 

redemption  fee  for  im])ounded 496 

penalty  for  poisoning 496 

penalty  for  bringing  into  markets 478 

DRAIN-COCKS,  penalty  for  letting  run  to  waste 630 


724  INDEX  TO  REVISED  ORDINANCES. 

i)TiAINIX(x  OF  CITY,  sewer  committee  to  h:i\'e  elii’.rge  of 336 

DllAiMSHOF-KKEPER,  who  declared  to  be 574 — 575 

ORAMSHOP  IJCENSE8,  amount  of. 575 

Dlt.AMSIIOPS,  provisions  eoncerning 574 — 576 

certain  provisions  not  to  apply  to 583 

])enalty  for  keeping  open,  on  Sunday 48h 

penalty  for  permittin*^  disturbances  in 490 

penalty  for  employing:  lewd  women  in 490 

DP  AUGIITSMEX,  in-esident  of  board  of  assessors  to  employ 569 

to  city  engineer,  employment  of,  etc 322 

DRAYS,  reo'ulations  concerning 528 

amount  of  tax  on 528 

to  have  registered  number  on 528 — 529 

rate  of  fare  for 531 

to  have  name  of  owner  on 534 

DRESS,  offenses  concerning 487 

DRESSED  FOWLS,  certain  stalls  may  be  rented  for  sale  of. 462 

DRESSED  l^OULTRY,  how  stands  may  be  leased  for 474 

DRIFT-WOOD,  not  to  be  stopped  at  certain  places 385 

DRINKING,  table  for,  not  permitted  in  markets 472 

DRIVERS  OF  HAY  OR  COAL  TEAMS,  weighers  not  to  treat 598 

DRIVERS  OF  LICENSED  VEfllCtLES,  to  wear  badges 531,  534 

DRIVERS  OF  VEHICLES,  liable  as  owners 533 

charging  excessive  fare,  penalty 537 

DRIVING  FAST  OR  CARELESSLY,  penalty  for 490 

DRUGS,  places  for  sale  of,  may  be  kept  oi)en  on  Sunday 489 

DRY  MEASURE,  what  articles  to  be  sold  Iw 440 

DUNNAGING  BUSINESS,  how  carried  on. 388 

E. 

FIATING,  table  for,  not  permitted  in  markets 472 

EGGS,  how  stands  may  be  leased  for  sale  of 474 

ELECTION  OF  MAYOR,  when  and  how  held 482 

to  be  ordered  by  president  of  council,  when 481 

ELECTIONS,  where  to  be  held 300 

expense  of,  how  paid 300 

what  notice  of  to  be  given 300 

when  to  be  void 302 

contested,  proceedings  in 303 — 304 

EMIGRANTS,  to  b('.  landed  at  quarantine 410 

EMPLOYEES,  of  tire  department,  how  api)ointed,  etc 351 — 352 

of  engineer  department,  regulations  concerning 322 — 324 

in  waterworks  (U'parlment,  who  to  lix  salary  of. 023 

ENGINEER,  chief,  of  tire  department  (see  chief  engineei-). 

ENGINEER  (city),  (pialitications  of. 319 

oath  to  be  tak(m  by 319 

general  duties  of. 319 — 322 

to  approve  surety  for  contracts 321 

to  certify  accounts  of  contra(;tors 322 


INDEX  TO  REVISED  ORDINANCES. 


K N ( I N E E 1 J (cJ  t y )—Co7i  iin 7 ted . 

to  keep  streets,  ete.,  in  repnir H21 

to  eniis{‘  sidewalks  to  Ix?  ])aAaMl.  when .‘ki  t 

to  eontraet  for  removing  otfal  from  servers H4’2 

duties  of,  in  sewer  eoininittee 237 — 338 

to  appoint  superintendent  of  lamps 312 

to  eontraet  for  making  sewer  eonneetions,  ete 313 

to  notify  owners  to  inelose  dangerous  places 335 

to  cause  dangerous  places  to  be  tilled  up 335 

to  assess  certain  costs  of  property-owners 33G 

sergeant-at-arms  to  carry  messages  for 288 

not  to  be  accepted  as  surely  on  bonds 305 

salary  of. 313 

to  furnish  information  conceridng  cemeteries 417 

street  inspectors  to  report  condition  of  streets  to 420 

duty  of,  in  opening  streets 454 

to  survey  and  make  plats  of  property  for  land  commissioner... 440 

to  give  information  to  new-limit  committees 504 

to  contract  foi*  woi-k  ordered  by  new-limit  committees 504 

duties  of,  touching  work  in  new  limits 504 — 505 

member  of  board  of  improvement  of  Lafayette  ])ark 507 

to  assist  committee  of  improvements  of  Can-  square 507 

to  notify  street-railroad  comi)ani(“S  to  i'e[)air  streets 540 

to  repair  streets  at  cost  of  railroad  companies 540 

to  fiu-nisb  certain  information  to  comptroller 558 — 550 

to  mak(*  out  tax-l)ills  for  hndng  water-])l[)e G25 

to  deduct  cei’tain  expemses  fi-om  contractors 030 

may  ordei-  tire-plugs  to  be  used,  when 030 

ENGINEER  DERAETiMENT 315 

established 310 

ENGINEERS  (lire),  waterworks  eommitt(‘e  to  lix  salaiy  of. 023 

ENGINES,  duties  of  boai’d  of  tir(‘  (?nginee?-s  concerning 350 

ERlDEMKb  health  ollicer  to  i‘(‘port  i)reva!ence  of. 407 

ERRORS  IN  ASSESSMENT,  how  corrected 500,  507,  508 

EStLVRE  of  ])risoners  from  workhouse 051 

EXAMINING  COMMITTEE,  how  appoiided 50! 

duties  of... 501 — 502 

EXCAVATIONS,  olienseof  making,  without  i»ropei-  protection. ,332,  331 

to  be  inclosed ^ 335 

cost  of  inclosing,  how  paid 335 — 330 

in  stre('ts,  without  peianission  of  (*ngineer 341 

for  laying  pipe,  to  l)e  by  (.‘ontraet 027 

to  Ik'  under  directions  of  city  engineei’ 028 

EXCREMEN'fS,  not  to  be  depositiMl  on  jniblic  grounds 422 

EXECUTION-RL04''rER,  clerk  of  imlice  court  to  k(‘ep 521 

EXECCTION-HOOK , chn-k  of  police  court  to  keej) 521 

EXECU'l'IONS,  to  issue*,  for  unpaid  judgments  in  opening  streets...  450 

wh(*n  retnrnabh; 451 

when  to  issiug  from  jiolice  court 518 

how  to  be  made  out 518 — 519 


726 


INDEX  TO  1^E^TSED  ORDINANCES. 


EXEC  U T IONS  — Continued . 

how  to  1)6  satisfied 519 

ag’aliist  city,  water  coiiiiiiissioners  to  pay GIO 

EXEMPT  FROM  TAXATION,  what  to  be 588 

EXHIBITIONS,  license  to  be  procured  for 584 

ainonnt  of  license  for 580 

EXPENDITURES,  for  house  of  refugee,  hoAV  paid 432 

for  jiarks  and  sipiares 506 

for  waterworks,  water  coininissioners  to  control 010 

of  waterworks  de])artinent,  waterworks  committee  to  control 623 

EXPPINSES,  of  removing  wreck  from  harbor 384 

incurred  by  board  of  health,  how  paid 404 

for  abating  nuisance,  to  be  special  tax 405 

at  quarantine,  how  paid 414 

for  salt,  etc. , inspector  of  beef  and  jiork  to  be  compensated  for...  436 

in  removing  obstnudion  in  streets,  how  charged 454 

in  viewing  nuisances  in  aliej'S,  how  paid 455 

for  stationery,  fuel,  etc.,  for  city  officers,  how  jiaid 547 

EXPOSING  FOR  SALE,  in  market,  what  deemed  to  be 473 

F. 

FALSE  ALARM  OF  FIRE,  giving,  penalty 357,  486 

who  to  investigate 356 

FALSE  WEIGHTS  AND  MEASURES,  to  be  seized,  when 430 

FALSIFYING  CERTIFICATE  OF  WEIGHT,  penalty  for 598 

I’UARMERS,  who  deemed  to  be 475 

may  sell  meat  by  the  quai-ter 470 — 171 

to  pay  no  fee  for  occupying  stands 475 

FARMERS’  WAGONS,  stand  for,  at  North  market.... 460— 461,  474—475 

market-masters  to  supervise 460 — 461 

at  City  market 461 

at  Center  mai-ket 474 

FAST  DRIATNG,  penalty  for 490—401 

FAWNS,  sale  of,  regulated 476 

FEE  of  register,  for  issuing  licenses 529 

FEE-BILLS,  in  police  court,  who  to  make  out 520 — 521 

FPIED  (long),  stands  for  vehicles  transiiorting 536 

FElilS,  of  f ity  ollicers,  to  be  paid  into  treasury 315 

of  city  weighers,  city  weigdiers  to  nqiort 600 — 601 

of  city  weighers 601 — 602 

of  inspectors 441 — 143 

of  inspector  of  beef  and  i)ork 461 

of  inspectors  of  ha}^ 445 

of  inspector  of  wifigbts  and  measures 441 — 442 

of  insiiectors  of  weights  and  measures,  lor  te'ting  scales 595 — 596 

for  inspecting  charcoal-baskets 600 

for  issuing  iieianits  at  (piaraiitiiK' 415 

of  lumber-measuiT'rs 387 

of  market-masters,  (“oi‘  weighing 469 


INDEX  TO  llEVTSED  OEDINANCES. 


727 


F E — Confuted . 

for  nu‘a,surin<>-  llrewood OOH 

of  rei*‘istor,  for  issuing-  nuaitshop  licenses 477 — 478 

for  registering*  dogs 497) 

for  redeeming  i)ni)onnded  dogs 49(5 

of  wc'igliers  of  luiy  and  stone-eoal 7)9(5 

of  wood-master 381 — 382 

EEGEIv,  ALBERT,  to  remove  eareasses  out  Of  city 424 

to  give  bond 424 

failing  to  remove  eareasses  as  contracted 425 

EEXCES,  injuring,  olfense  of 3.34 

FERMENTED  LIQUORS,  not  to  be  sold  in  markets 472 

not  to  be  sold  without  license 574 

FERRIAGE,  rates  of. 394—395 

FE  R RIES . provisions  concerning 392 — 395 

not  to  be  kept  without  license 392 

})etition  to  common  council  to  be  kept 392 

common  council  may  di)*ect  license  to  issue  for 392 

mayor  may  direct  license  to  issue  for,  when 393 

duties  of  keepers  of 5393 

failing  to  convey  ])assengers  or  property 393 

license  to  be  revoked,  wiien.. 393 

keepei's  of,  may  be  sued  on  their  boiuls,  when 5393 

FERRULES,  what  kind  to  be  inserted  in  pip(!S (530 

register  of  water-rates  maj’’  Avithdraw,  wh<>n (530 

fee  for  replacing (5.30 

FERltY-BOAT.S,  harbor-master  to  keep  lauding  of,  clear 375 

not  to  pay  wharfage 38(5 

place  of  lauding  of.  harbor-master  to  dii*ect 3955 — 5394 

liow  to  ci*oss  the  rivei* 394 

how  long  to  rinuain  at  landing 394 

copies  of  certain  ordinances  to  lie  ])osted  in 395 

failing  to  post  up  copies  of  ordinance 395 

FIELD-HANDS,  how  emidoyed,  etc.,  in  engineer  department 323 

FIERUE  DOGS,  i)ermitting,  to  run  at  large,  ixmalty  for 497 

FRUITING  another,  disturbing  peace  by 48.5 — 48G 

FlIRRNG  UR  'rREN(51iES,  may  be  done  by  contract (527 

FILTH,  not  to  be  deposited  in  market-places 471 — 172 

not  to  be  conducted  into  liighway 421 

from  privies,  not  to  lie  dei)osit(Ml  in  city 422 

FINANGIAIv  CONDITION  OF  (JIIA',  comptroller  to  report  on .558 

FINE,  amount  of,  Avhen  not  lixed 314 

maximum  of,  when  not  lixial .344—345 

FINES,  informer  to  receive  share  of  (see  informer). 

lire-compani(*s  not  to  impose 3,52 

inspector  of  vehicles  to  i*eceive  one-half  of  certain .533 

FINES  AND  RENALTIES 344 

FIRE,  in  (-ase  of,  res(U‘voir  to  be  tilled (52(5 

FIRE-ALARM  TELEGRARH,  salary  of  operators  of .314 

central  station  of ,353 

injuring  oj*  interfering  with 3.57 


728 


INDEX  TO  REALISED  ORDINANCES. 


FinE-ALARM-TELEGRAPir  SYSTEM,  divided  into  distnets..85.3-3r)4 

sir’ll  ill -boxes  of. 3rG— 355 

nhn-m-bells  of. H55 

FIRE-ALARMS,  ])rovisioiis  concerning 353—358 

to  ])e  given  by  fire-nlarni  telegrai)ii 353 

FIRE-APPARATUS,  board  of  fire-engineers  to  take  possession  of...  350 

bow  sold 350 

FIRE-ARMS,  regulations  concerning  discharge  of 3G0 

FIRE-COMPANIES,  may  use  water  from  lire-i)lugs G34 

FIRE-CRACKERS,  regulations  concerning  discharge  of. 3G1 

FIRE-DEPARTMENT 345 

liow  composed 349 

to  be  under  command  of  chief  engineer 350 — 351 

pro])erty  of,  to  be  in  charge  of  chief  engineer ...350—351 

salaries  of  otiicers  of 313 

not  to  be  interfered  with  by  railroad-cars 541 

FIRE-ENGINEERS,  members  of  fire-department 349 

board  of  (see  boai'd  of  fire-engineers). 

election  of. 289 

FIRE- LIMITS,  provisions  concerning 358 — 3G2 

established 358 — 350 

FIREMEN,  members  of  fire-department 349 

how  appointed 350,  351 

disputes  between,  how  decided 350—351 

qualifications  of. 352 

liow  dischra-ged  or  suspended 351 — 352 

waterworks  committee  to  fix  salary  of,  at  waterworks G23 

FIRE-PLACES,  dangerous,  chief  engineer  not  to  permit 3G3 

FIRE-PIjUGS,  how  erected G27 

hov,'  only  to  be  used G30 

letting  run  to  waste G30 — G3l 

opening  without  authority G34 

fastening  animals  to 332 

offense  of  injui-ing 334 

FIRES,  chief  engineer  to  attend  at 350 — 351 

jn-evention  of,  provisions  concerning 358— 3G2 

in  (‘ase  t»f.  streets  to  be  at  use  of  fire-department 541 

not  to  be  kindled  in  market,  except 472 

FIRES  AND  FUEL,  sergeant-at-aians  to  provide 288 — 289 

FIREWOOD,  wood-master  to  direct  landing  of 381 

wood-master  to  measure  and  collect  charges  bn 381 

wood-master  to  control  wharf  in  mgard  to 381 

taking,  from  cords  measured 381 

rates  of  wharfage  on 381 

not  to  be  placed  on  jiaved  wharf 381 

how  to  1)0  measured 381 , 382 

liow  to  be  sold 381 

sold  in  wood-yards,  keeper  to  furnish  ticket 382 

furnisliing  less  than  ticket  calls  tor 382 

when  to  be  removed  from  landing 385 

jirovisions  conceiaiing  measurement  of G02— Gbt 


INJ)EX  TO  KEVISEl)  (UU)INANCES. 


720 


F 1 iJ  F.  W ( )( ) 1 )— . 

liow  to  1)(‘  brouii’ht  into  city 002 

to  1)(!  me.Msnivd  before  selling' 002 

bow  to  be  niensured  (502 

not  to  be  diniinisbed  utter  receiving  eertilieute OOO 

cord  of,  what  to  measure (5051 

eoininitting  trand  in  selling,  j)enalty 0051 

delivering  less  than  certilled,  penalty 004 

FIRE^V01^KS,  provisions  eoncei'ning 301 

FISCAL  AFFAIIIS,  comptroller  to  supei'vise 550 

FISH,  place  for  sale  of,  at  North  market 401 

not  to  be  sold  to  be  eaten  in  mai'ket 472 

penalty  for  selling,  without  license 477 

dead,  not  to  be  thrown  on  market-places 471 — 472 

FISH-STANDS,  who  to  grade  prices  of. 405—400 

l)art  of  Center  market  not  to  b(‘  leased  for 400 

amount  bid  for,  to  be  paid  to  comptroller ...  400 

becoming  vacant,  comptroller  may  re-let 400 

leases  for,  to  contain  proviso 40(5 

FI5iTUliFS,  in  street,  etc.,  regulalions  concerning 5320,  3513 

of  waterworks  department,  how  laid  down 020 

regulations  concerning 029 

opening  without  authority 034 

FLATBOATS,  not  to  land  in  front  of  waterworks 378 

wharfage  on 380 

FLESH  OF  CERTAIN  ANIMALS,  not  to  ])e  sold 471 

FLl'ES,  I'cgulations  concerning 301 

FLYING  KITES  in  streets,  penaltj’"  for 491 

FODDER  , stands  for  vehicles  transporting 5530 

FOOTWAYS,  i-egulations  for  construction  of 5320—5127 

FOO'rWAYS  AROUND  IMARKETS,  market-masters  to  sprinkh' 408 

mai'ket-masters  to  kec])  clear  of  ice 408—409 

FOREIGN  INSURANCE  COMPANIES,  tax  on 588 

FORFEITURE  OF  BAIL  BONDS,  how  set  aside 512 

FOUL  (JR  NAUSEOUS  LK^UOR,  not  to  be  discharged  into  streids  422 

FOWLS,  dead,  not  to  be  thrown  into  market-places 471 — 172 

FRESH  MEAT,  places  foi- sale  of,  by  the  (piarter 401,  4(52 — 1053 

none  but  lessees  of  butchers’  stalls  to  sell 479 

to  be  sold  only  at  stalls 470 

not  to  be  sold  without  license 477 

penalty  for  selling,  without  license 477 

FRONT  STREET,  harbor-master  to  su[)ervlse. 5374 — 5375 

FRUIT,  hucksters  not  to  purcha.se  during  mai'ket  hours 475 

FRUTT-ST.VNDS,  at  City  markiT 402 

when  to  be  leased 404 

FUEL,  I'egister  to  furnish  for  certain  olllcers 51(3 

expcn.ses  of,  how  jiaid  547 

not  to  be  kindled  in  markets 472 

FUND-(.’OMMISSlONER,  how  appointed 5109 

term  of  ollice  of 5309 


780 


INDEX  TO  IlFANSED  ORDINANCES. 


FUND  CO M M rSS I ( )NE II—  Con Hnued . 

duties  of. 3()9 

eoinpensatioii  of. 314^  309 

FUNETIAL  CEIIEMONIES,  music  permitted  at 480 

FUNDS,  ti-easurer  to  kec})  separate  account  of. 559— 5G0 

subsci-ibed  for  ]);u'ks,  bow  expended 500 

FUilNITURE,  regi.ster  to  furnisii  for  certain  otiicers 540 

ex])ense.s  of.  liovv  ])aid 547 

FUriNITURE-CAllS,  I'eo-ulations  concerning- 528 

tax  on 528 

to  liave  i-eg'istered  number  on 528 — 529 

rate  of  fare  for 531 

to  have  name  of  owner  oii 534 

limitation  of  stands  foi- 535 

FUTTERKNECIIT,  Gottlieb,  to  remove  carcusses  from  city 424 

to  give  bond 424 

failing  to  reiuove  cai-easses  as  contracted 425 


G. 


GALLERIES,  proliibited  from  extern. ing  on  sidewalk 325 — 320 

GAMBLING  DEVICE,  penalty  for  setting  up  or  betting  at..*. 489 

GAME,  place  for  sale  of,  at  Nortk  market 401 

place  for  sale  of.  at  City  market... 402 

Imcksters  not  to  purchase,  during  marlu'f  lioui's 475 

regulations  concerning  sale  of 475 — 470 

penalty  for  selling,  without  Ih-ense 477 

GAMES,  penalty  for  ])laying,  on  Sunday 489 

GAMING-TABLE,  penalty  for  keeping  oi-  betting  at 487 — 488 

GARBAGE,  regulations  for  veliicles  t]-anspoi*tlng 531 — 532 

G ARDENS,  ])ul)lic.  may  be  kug)!  open  on  Sunday 489 

GASLA^IPS,  penalty  for  injuring 335 

GASLIGHT  committer'  eleGion  of 289 

GASP! RES,  regulations  for  making  connections  witli 343 

city  not  ]ia])le  in  dainage.s  for  breaking-  of 541 

GATEKEEPEil  AT'  WORKHOUSE,  qualitication  and  duties  of {)45 

GOATS,  running  at  large,  declared  nuisances 423 

GOODS,  on  whai-f,  how  to  ])e  nunoved 377 

c,ost  of  rcunoving,  how  ])aid 377 

harbor- master  may  sell,  wlum 377 

manufactured  in  city,  not  to  lx;  sold  in  markets 473 

penalty  for  selling,  on  Sunday 489 

j)enalty  for  selling,  without  payiu.g  tax 580 

GRADE  OF  STREETS,  duty  of  engineer  comau-ning 319—320 

GRAIN,  kiln-di-i<Ml,  may  hi' sold  in  markets 478 

GRAINS,  standai-d  weight  of,  rc'gulated 410 — 141 

GRATES,  i-<‘gula1ions  cuncerning 32(5 

GRAVEL,  harbor  i-(',gnlations  concei-ning 38^5 

GRAVES,  in  St.  Louis  ccmetcu-y,  d(‘pth  of,  rc'gulated 4115 

GROCERS,  ]))-ohibited  Irom  s(41ing  in  mai-k('ts 475 


INDEX  TO  RE\TSED  ORDINANCES. 


781 


(iliOUNDS,  i)iil)lie,  luny  lx?  kept  ()j)eii  on  Sunday 489 

GlvOUSE,  sale  of,  i-e^adated 475 — 47(5 

GUARDS  A'J'  \V()RK11()USR,  pi-ovisions  (‘oucerniiii;- 050 

GUN  ROW  DIOR , reg’ulaCioiis  (‘oncei'nii  g I>05 — .‘307 

GUTTERS,  cost  of,  how  paid ' :325 

water  taken  from,  to  be  paid  for 058 


11. 


HACKNEY  CARRIAGES,  reo-ulatioiis  concerning 528 

tax  on 528 

to  have  registered  number  on 528 — 529 

i-ate  of  fare  for...., 550 

rate  of  fare  to  be  posted  in 551 

drivers  of,  to  wear  badges 551 

to  carry  lights  at  night - 551 

limitation  of  stands  for 555 

HALL  OF  COMMON  COUNCIL,  sergeant-at-arms  to  attend  to 288 

IIA]\IS,  who  may  sell  in  market 470—471 

HAND-CARTS,  penalty  for  trundling  on  sidewalk 52(5 

HAND-ORGANS,  licenses  for,  prohibited 480 

HARI30R,  duty  of  engineer  conceiaiing 519 

harbor-master  to  remove  leaking  boats  from 585 

HARBOR  DERARTMENT 570 

established 574 

HARBOR  IMRROVEMENTS,  auditor  to  keei)  s(‘pai‘ate  account  of...  554 

HARBOR-MASTER,  duties  and  powei'S  of. 574-578,  585—584,  585 

58(5,  588,  589—590 

may  employ  laborers  and  teams 577 

comi)ensation  of,  for  selling  goods  from  landing* 578 

to  colh'ct  wharfage  for  landing  e.oal 585 

may  extend  time  for  discharging  freight 5vS5 

directions  of,  to  be  obey(*d 584 — :)85 

to  enforce  certain  ngadations WHi) 

salary  of. .‘515 

may  chaider  steamboat  in  case  of  lire? #. 5(51—5(52 

to  enforce  ju-ovisioiis  concerning  landing  of  boats 5(52 

register  to  fmaiish  blanks  to 54(5 

HAWKERS,  to  procure  licamse 584 

who  declared  to  be 588 

amount  of  license  for 588 

regulations  concerning  vehich'S  of 588 

HAY,  to  b(“  protected  against  fire 5(50 

directions  concerning  storage  of 5(58 

selling,  without  being  weighed,  [lenalty 598 

bringing,  in  wagon  not  stamped 594 

vehicles  bringing,  when  to  lx*  weighed 595 

penalty  for  throwing,  into  highway 421 

place*  for  sale  of,  at  (3ity  mark(‘t 4(52 

stands  for  ve'hicles  transporting 55(5 


732 


INDEX  TO  REVISED  ORDINANCES. 


IT  A Y — Continued . 

wlien  to  be  removed  from  wharf. 385 

baled,  to  be  inspected 444 

elassilication  of. 444 

penalty  for  selling-,  without  inspection 445 

condemned,  to  be  sold  by  inspector 445 

HEADS  OF  DEPARTMENTS,  duties  of,  to  furnish  information 559 

HEALTH  OF  CITY,  board  of  health  to  provide  for 402 

HEALTH  DEPARTMENT :.  39(i 

HEALTH-OFFICER,  provisions  concerning 407 

term  of  office  of. 407 

duties  and  ])owers  of. 407.  419,  428,  049 

member  of  board  of  health 401 

to  register  pei-sons  dying  in  hospital 402 

to  send  certain  boats  to  quai-antine 413 

to  report  persons  bringing  paupers  or  insane  to  city 419 

salary  of. 313 

may  allow  lights  to  prisonej-s  at  workhouse 049 

duties  of,  at  workhouse 049,  050 

HEARTHS,  regulations  concerning 303 

HEATH-HENS,  sale  of,  regulated 475 — 470 

HEMP,  ]-egulations  concerning  storage  of 308 

how  long-  to  remain  on  wharf. '...,308,  385 

HEMP  MANUFACTORIES,  regulations  concerning- 308 

HIDES,  green,  not  to  ])e  ke}}t  in  city  at  certain  times 422 

HIGHWAYS,  offenses  concerning- 333,  334 

HIRING  OFWEIHCLES,  what  deemed  to  be 532 

HOGS,  not  to  be  kept  confined  in  city 422 

running  at  large,  declared  nuisance... 422 

to  be  taken  U[)  and  sold 422 — 423 

proceeds  of  sale  of,  how  disjiosed 423 

not  to  be  kept  in  city 423 

how  to  be  sold  in  marknts 473 

HOLES  belov/ grade,  to  be  inclosed  335 

HONEY,  regulations  concerning-  sale  of  in  markets 47:5 

HOOIv-AND-T.ADDER'SHUlMPANIES.  to  lie  established 3.52 

HORSE-AUC'iTONEERS,  provisions  concerning 58(t 

amount  of  license  for 589 

HORSE-xMARKET,  ^\  lio  may  keep 580 

HORSES,  penalty  for  driving  or  leading  ovm-  sidewalk :>:>2 

of  lire  depariment,  how  sold,  etc :150 

chii.'f  engineer  may  purchase .353 

not  to  b(‘  waslnal  in  sti-eets,  eti; 421 

not  to  be  sold  in  streets 580 

not  to  I)c  riddtm  or  driven  into  market-places 471 

]-egulations  for  sale  of,  in  marki'ts 47:1 

HOSPITAL  (see  city  bos^iital  and  (jiiarantine  hospital). 

HOSPITALS,  temporary,  lioard  of  health  may  establish 40.3 

HOTEL  COAtdlES,  lax  on 528 

HOTEL  OMNllUJSSES,  taxon .528 


INDEX  ^ro  DKVrSKl)  ORDlNyVNCES.  inn 

HOTEL  WA(JO\S,  Inx  on 528 

HOUSE  Ol'EAL,  liow  to  l)o  (lis|)os('{l  of. ^21 

HOUSE  OE  ILL-l'WME,  iieiialty  for  k('opin^ 488 

HOUSE  OF  KEFUGE 430 

c\<tjibli.sli(Hl 431 

liow  controlled 431 

location  of. 431 

who  liable  to  conriiicment  in 433 

health-ollicer  to  visit  sick  iirisoners  in 407 

HOUSE-OF-KEFUGE  COMMITTEE,  election  of 289 

HUCKSTERING  , rcgnilations  concerning- 474 — 475 

HUCKSTERS,  peneiUy  against,  for  pm-chasing  during  market  hours,  475 

HUCKSTERS’  STANDS,  at  Center  market 471 

at  North  market 474 — 175 

HYDR.VNTS,  how  put  up 625,  626 

leaking,  to  be  i-epaired 627 

r(;gulations  concerning 629,  630 

not  to  run  to  waste 630 

setting  up  or  i-ei)airing.  eonti-avy  to  ordinance 630 

inspectors  of  liydrants,  to  visit  and  inspect 632 

suffering  to  be  exposed  to  public,  use 634 

not  to  be  used  for  dilferent  tenements 639 

p(nialty  for  fastening  animals  to 332 

penalty  for  injuring 334 

mai-kets  to  be  supi)lied  with 470 

IIYDROPIIOIHA,  dogs  to  be  secured  during  ])revalence  of 497 


1. 


ICE.  impui-(',  wliat  deemed  to  be 491 

])enalty  for  taking,  fi'om  pojids 491 

ICF-CREAM,  places  for  sale  of,  may  be  ke})t  open  on  Sunday 489 

IDIOTS,  notice  of,  to  be  given  to  mayor  or  recortler 419 

IDLING  in  markets.  i>rohibited 472 

HJdNOIS-RlVER  PA(R\E'1’S,  landing  of. 389 

IMJMORATj  PlvAY,  penalty  foi- y)erforming 487 

IMPEAtJHMEN'J’S  OF  CITY  OFFKJERS,  provisions  concern- 
ing  309—311 

IMPROVEMENTS,  engiiu'er  to  remov(‘,  on  oj)enlng  streets 451 

how  assessed  for  taxation 565 

of  Lafayeth^  ])ai-k,  how  su])ervised 507 

IMPURE  ARTKRjES,  duty  of  mai'k('t-mastei- to  seize  in  markcds...  468 

IMPURE  K’E,  what  deemed  to  be 491 

l)enalty  for  taking,  from  jjonds 491 

INCENDIARIES,  power  of  chief  engineer  to  arrest 364 

IN(/LOSURES,  chief  engineer  may  enter 363 

INCUMBRANCES,  ixmalty  for  depositi)ig,  on  wharf. 385 

INDECENT,  dre.ss,  penalty  for  wearing 487 

or  le.wd  book,  penalty  for  selling 487 

bills,  etc.,  penalty  for  posting  or  distributing 488 


734 


INDEX  TD  REVISED  ORDINANCES. 


INDIGENT  PEESONS,  to  receivo  inetllciiies  and  advice,  Avliere 40G 


INFECTIOUS  DISEASES,  power  of  Ijoard  of  health  coiiceriiiiio’..402,  403 


INFLAIMMABLE  SUBSTANCES,  regulations  for  boiling 3G0 

INFOP.MIEI,  to  receive  shai-e  of  certain  lines 335,  445,  47G,  477,  495 

584,  594,  595—597,  598,  599,  GOO,  G03 

to  pay  costs,  when 515 

may  withdraw  chai-^'e,  when 515 

INSANE  PERSONS,  provisions  concerning 419 — 420 

penalty  foi-  bringing  into  city 419 

expense  of  removing  from  city,  who  to  pay 419 

notice  of,  to  he  given  to  mayor,  etc 419 

how  dealt  with 419 — 420 

INSPECTION  DEPARTMENT 434 

INSPECTION  OF  BEEF  AND  PORK 43G— 439 

INSPECTION  OF  BUILDINGS,  provisions  concerning 3G2— 3G5 

INSPECTOR  OF  BEEF  AND  PORK,  ajipointment,  powers,  and 

duties  of. 43G— 439,  442 

fees  of. 441 


INSPECTOR  OF  BUILDINGS  AND  FIRES  (see  chief  engineer  lire 


department) . 

duty  of,  to  report  violation  of  ordinance 331 

INSPECTOR  OF  llAY,  mayor  to  appoint... 444 

bond  of 4T4 

term  of  office  of 444 

duties  and  powers  of. 444 — 445 

compensation  of. 445 

penalty  for  altering  brands  of. 445 

INSPECTOR  OF  YEIllCLES,  how  appointed 533 

duties  and  powers  of 533 

compensation  and  salary  of. 314,  533 

bond  of. 533 

term  of  olfice  of 533 

INSPECTOR  OF  WEIGHTS  AND  MEASURES,  how  appointed....  43G 

provisions  concerning 439 — 410,  442 

fees  of. 441,  442 

fees  of,  fortesting  scales 59G 

duty  of,  to  inspect  charcoal-measures GOO 

fees  of,  for  inspecting  charcoal-measures GOO 

INSPECTORS,  appeal  may  be  taken  from 442 — 443 

prohibited  from  dealing  in  articles  inspected 443 

INSPECTORS  OF  HYDRANTS,  how  appointed G32 

duties  of. G31 , G32 — G33 

to  have  free  access  to  premises G41 

INSTALLATION  of  mayor,  provisions  concerning 480 

INSURANCE  COMPANIES,  foreign,  taxon  588 

INTELLIGENCE-OFFICES,  provisions  concerning 578  — 579 

who  declared  keeper  of. 578 

amount  of  licens(‘  for 578 

penalties  for  cei’tain  otfenses  at 579 

INTEREST,  auditor  to  keep  separate  account  of. 554 


INDEX  ^ro  1U^:MSEI)  OIlDINANCrES. 


TN'riCKM  ENTS,  in  St.  Louis  crnn'toiy,  provisions  (tonceniin^.... 415— 410 

S(‘xton  to  keep  n'^ister  of 410 

AvluMi  ])rolnl)ite(l  in  certain  ccinetcries 410 — 417 

IX'rERPlIE'rKli:,  ass(‘ssoi-s  may  eini)loy 50(5 

INTOXICATED  PEILSONS,  proliibited  from  frcMpicntin^  market- 
places  472 

penalty,  when  found  on  street 487 

])enalty.  when  found  on  street  on  Sunday 4S9 — 490 

INTOXICATING  LK^UOKS,  merchants  not  prohibited  from  selling..  575 

term  delined 575 

IRON,  pig,  how  long  to  remain  on  wiiarf 385 

IRON-MOUXTAIX- RAILROAD  COMMITTEE,  election  and  du- 
ties of. 289 


J. 


JACKS,  how  to  be  sold  in  markets 473 

JOISTS,  lumber-measurers  to  measure 379 

expense  of  handling,  v.dio  to  pay 379 

how  assorted  and  measured 380 

wharfage  on 380 

fees  for  measui-ing 387 

JOB-PRINTING,  how  advertised  for 523 

contracts  foi-,  how  awarded 524 

JUDGES  OF  ELECTION,  how  ai)p(>inted 300,  301 

ixmalty  for  intertering  with 302 

compensation  of. 303 

JUDGMENTS,  land  commissioner  to  lamdei’ 450 

in  police  court,  recorder  to  nob'  on  docker 511 

when  to  be  r(*nder(;d  by  default 513 

JURIES,  in  police  court,  v/hat  number  to  consist  of. 514 

how  summoned,  when  marshal  is  interested  514 

JURISDICTION  of  ])o]ice  court 510 

JURY',  dudes  of,  in  opening  streets 450 

oath  to  b(*  administered  to,  by  land  commissioner 449 

oath  to  be  administ(*red  to,  in  police  court 514 

duties  of,  in  viewing  nuisaiua'S 455 

compensation  of,  in  oi)ening  streets 452,  455 

JUS4TCES  OF  I'lIE  I’EACE,  when  to  otllciate  as  recorder 510 

JUVENILE  OEFENDERS,  house  of  refuge  establislual  for 431 

K. 

KEEL-BOATS,  haiRor-master  to  direct  mooring  of. 370 — 377 

owuiers  of,  refusing  to  obey  harbor-master 370 — 377 

wharfage  on 380 

KEEPER  OF  BEER-IIOUSE,  who  declared 575 

not  to  sell  licpiors 575 

KEEPER  OF  INTELLIGEN(’E-OFFlCE,  who  declared 578 

to  procuVe  license 578 

violating  ordinance,  penalty 579 


73()  INDEX  TO  DEVISED  ORDINANCES. 

KEE  PEU  OF  1 Nl'ELLTGENOE-OFFTCE— Oojif 

i-ccoivinp,’  fee  on  false  pretense 579 

KEEPEll  OF  LAFAYETTE  PARK,  who  to  appoint 507 

KEOKUlv  PACKETS,  rate  of  wharfo^e  for 389 

KEY-nOLDERS  OF  StGNAL-POXES,  duties  of,  in  ease  of  tire 357 

KEYS  OF  SIGNAL-BOXES,  provisions  eoncernino’ 355 — 357 

KILN-DRIED  GRAIN,  ET(h,  may  be  sold  in  markets 478 

KITE,  ll3'inf^  in  streets 49I 

KNUCKLES,  metallic,  found  on  parties  gtnilty  of  breach  of 

peace 480—487 

carrying  concealed 488 — 480 

L. 

T.ABOR  OF  PRISONERS,  rate  of  pay  for,  board  of  managers  of 

workhouse  to  prescribe 047 

LAFAYETTE  PARK,  board  of  improvement  of. 500 — 507 

liAMP-POSTS.  oflenses  conceiaiing 332,  334,  335 

LAMPS,  market-masters  to  keep  burning  in  markets 409 

LAMPS  OF  CARRIAGES,  to  have  registered  number  on 531 

LAMPS  OF  OMNIBUSSES,  to  have  registered  number  on 531 

LAND  COMMISSIONER 440 

salary  of. 313,  448 

how  appointed 448 

term  of  office  of. 448 

general  duties  of. 448 

duties  of,  in  opening  streets 448 — 454 

duties  of,  in  viewing  nuisances  in  alleys 454 — 455 

deputy  marshal  to  perform  duties  required  by 455 

certificate  of,  necessary  befoi-e  purchase  of  land  for  waterworks...  018 

to  assist  water  commissioners 018 

LANDING,  harbor-master  to  supervise 374—375 

to  be  extended,  when 370 

things  on,  when  to  be  removed 385 

gunpowder,  regulations  for 300 — 307 

LANDMARKS,  displacing,  penalty  for. 334 

LANDS,  how  acquired  for  waterworks 018 

LANES,  street  insiiectors  to  report  nui.sances  on 427 — 428 

IjARD,  how  to  be  inspected 430 — 438 

how  to  be  sold  in  markets 473 

LATHS,  where  to  be  landed 380 

wharfage  on 380 

fees  for  measuring 387 

LAYING  PIPES,  contrary  to  regulations 030—031 

LEAD,  pig,  how  long  to  remain  on  wharf. 385 

LEAD  SERVICE-PIPE,  howto  belaid 028 

regulations  concerning (!28 

LEvVKING  HYDR  ANTS  OR  PIPES,  inspectors  to  report 032—033 

LEASES  OF  STAT.LS  OR  STANDS,  to  be  forfeited,  wIkmi 471,  473 

to  contain  clause  of  forfeiture 405,  407 


INDEX  TO  EEVTSEl)  OEDINANCES. 


T?)7 


TjT^ASING  of  STAIJiS  AND  STANDS,  provisions  concerning  404 — 407 
IjF(’'rURFS  A'r  HOSPITALS,  not  to  be  held  in  i)resence  of  patients,  409 


r.Fti  Ar.  OPINIONS,  (counselor  to  <rive  in  writing 2Ur) 

counselor  to  keep  record  of 295 — 290 

LFXJAL  PROCEEDINGS,  comptroller  to  supervise 556 

LESSEES,  occupying  stalls  or  stands  after  forfeiture,  penalty 405 

not  occupying  stalls  or  stands,  lease  to  be  forfeited 473 

LEWD  acts,  books,  i)lays,  etc.,  penalty  for 487 

LEWD  WOMEN,  employing  in  beer-houses,  etc.,  penalty  for. 490 

Id  ABILITIES  OF  CITY,  comptroller  to  report 558—559 

LICENSE,  to  attach  pipe,  when  superintendent  may  give  to 

]>lumber 027 

persons  using  water  without,  inspectors  to  report 032 — 033 

using  water  without 634 

LICENSE  OF  CITY  WEIGHERS,  how  obtained 000 

amount  to  be  ])aid  for 000 

not  granted  to  certain  i)ersons 601 

to  be  forfeited,  when 601 

IJCENSED  VEHKTvES.  to  have  names  of  owners  on 534 

LICENSP^S,  provisions  concerning 575 

by  whom  to  be  issued 575 

by  whom  tax  on,  collected 570 — 571 

account  of,  to  be  returned  to  register,  when ,570 — .571 

by  whom  to  be  required  of  parties  liable  for 570 — ,571 

how  long  to  remain  in  force 586 

to  be  subject  to  provisions  of  ordinances 580 — ,587 

bhudv  form  of,  mOio  to  issue ,587 

how  transferred 587 

for  dramshops  and  taverns .575 

for  beer-houses 575 

for  pawnbrokers ,577 

for  intelligence-oflices ,578 

for  auctioneers 579 

for  horse-anctioneers 580 

for  non-resident  tiaders ,583 

for  billiai'd- tables ,585 

foi-  lune  or  ten  pin  alleys ,585 

for  peddlers 580 

for  merehandise  or  real -estate  brokers ,580 


for  )noney-l)rok(M*s 

for  sliudle-board  or  bagatelle-table 

for  ordinary 

tor  exbi))itions 

for  hawkers 

LICENSES  FOR  WATER,  when  to  be  issued 

expiring,  notice  to  be  given 

for  what  length  of  time  to  be  issued 

to  be  paid  in  advance 

how  dated 

may  be  transferred,  how 

47 


...  580 
...  ,580 
...  ,586 

...  580 
...  ,588 
...  031 
...  032 
...  033 
...  033 
...  033 
...  633 


738 


INDEX  TO  REVISED  ORDINANCES. 


LICENSES  FOR  W Continued . 

reuiovjil  of  piirty  holding,  to  be  noted 

unionnt  of,  may  be  refunded  in  case  of  lire 

using  water  without 

when  not  to  be  issued 

to  l)e  issued  for  one  purpose  only 

niaj"  be  issued  to  use  water  from  neighboring  hydrant 

how  obtained  by  parties  living  beyond  where  pipes  are  laid, 

may  be  withheld  by  register  of  watei'- rates 

may  be  revoked,  when 

not  to  be  issued  for  premises  on  which  taxes  are  unpaid 

mayor  may  set  aside  prohibition  to  issue 

LICENSES  FOR  FERRIES,  how  obtained... 

register  to  issue,  when 

applicant  for,  to  give  bond 

register  may  renew,  when 

mayor  may  direct  to  issue,  when 

LICENSES  FOR  LUMBER-MEASURERS,  amount  to  be 
for 


G33 

G33 

G34 

G3h 

G30 

G39 

G39 

G39 

G40 

G40 

G41 

392 

.392—393 

,.392—393 

393 

393 

paid 

.378—379 


LICENSES  FOR  MEATSIIOPS,  how  obtained 47G— 477 

register  to  issue 477 

amount  to  be  paid  for 477 

LICENSES  FOR  PUBLIC  PORTERS 543 

LICENSES  FOR  VEHICLES,  may  be  semi-annual 528 

register  to  issue 528,  529 

provisions  concerning 529 — 530 

to  be  forfeited,  when 538 

not  to  be  renewed,  when 538 

LICENSES  FOR  STREET-RAILROAD  CARS,  provisions  con- 
cerning   542 — 543 

LICENSES  to  drive  licensed  vehicles,  provisions  concerning 534 

LIGIITINGr  CITY,  auditor  to  keep  separate  account  of. 554 

LIGHTS,  using,  in  stable  or  near  combustible  material 3G0 

use  of,  in  workhouse,  regulated 649 

LIME,  vehicles  transporting,  howto  be  secured 531 — 532 

LINES  OF  STREETS,  duty  of  engineer  to  give 319—320 

LIQUORS,  not  to  be  sold  without  license 574 

certain  provisions  not  to  authorize  selling  of. 583 

not  to  be  sold  in  markets 472 

fermented,  places  for  sale  of,  may  be  open  on  Sunday 489 

distilled,  penalty  for  selling  on  Sunday 489 

LISTS  OF  PROPERTY,  for  assessment,  how  made  out 5G4 — 565 

LIVE  ANIMALS,  how  to  be  sold  in  markets 473 

LIVE  STOCK,  who  may  keep  market  for  sale  of 580 

not  to  be  sold  at  auction  in  street 580 


LIVE  BY-STABLES,  tax  on  vehicles  ke])t  in 528 

keepers  of,  to  rei)ort  number  of  vehicles  in 530 

keepers  of,  to  pay  tax  on  vehicles 530 

may  be  kept  open  on  Sunday 489 

sanitary  regulations  concerning 421 


INDEX  TO  REVISED  ORDINANCES. 


7B9 


LOr«S,  not  to  bo  Iniuled  in  front  of  waterworks 878 

wliere  to  be  landed 880—881 

to  be  (‘lit  and  measured,  when 882 

not  to  be  ent  on  wliarf. 882 

wharfage  on 880 

T/)OSE  ^FA'l’ERTALS,  veliiides  transporting,  bow  to  be  secnred...581— 582 

LOSING  money  or  property  at  gaming 487—488 

LOTS,  eliief  engineer  may  enter 363 

LOUD  NOISES,  disturbing  peace  by 485—486 

LOUNGING  about  markets,  prohibited 472 

LUCAS  ^lARKET,  provisions  concerning 460 — 468 

LU]MHfNI,  may  be  landed  free  of  charge,  when 379 

when  to  be  removed  from  landing 885 

where  to  be  landed 880 — 381 

LUMBER-MEASUllEES,  members  of  harbor  department 374 

harbor-master  to  control 374 — 875 

to  pay  license 878 — 879 

to  give  bond 879 

exercising  offie,e  without  authority 379 

powers  and  duties  of. 879 — 380,  884 — 887 

to  report  to  register 884 

parties  to  comply  with  directions  of. 884 — 885 

tees  of 887 

to  keep  deputies 887 

not  to  buy  or  sell  certain  articles 387 

register  to  furnish  blank  certilicates  to 546 

LUNATIC,  notice  of,  to  b(?  given  to  majmr,  etc 419 


M. 


MAD  PERSONS,  how  dealt  with 419 — 420 

MADISON-COUNTY  FERRY  COMPANY',  register  to  issue  license 

to 895 

rate  for  license  of 895 

M.MjIGNANT  diseases,  board  of  health  to  provide  against... .402 — 408 

MANIMAYCTURING  ESTABLISHMENTS,  how  asse.ssed 565 

MANURE,  velucles  transporting,  how  to  be  securiMl 581 — 582 

MAP,  of  city,  superintendent  of  wat(‘rworks  to  keep 626 

of  waterworks,  water  commissioners  to  keep 618 

M.YPS,  engineer  to  preserve 819 

to  be  open  for  examination 822 

of  district  sewers,  how  made 888 

land  commissioner  to  cause  copies  of,  to  be  made 448 

MARKET,  persons  selling  in,  not  to  purchase  for  others 471 

nothing  to  be  sold  in,  on  Sunday 472 

M ARKIOT-GROUNDS,  market-masters  to  superintend  cleaning  of...  468 

market- masters  to  Sjirinkle 468 

MARKET-HOURS,  parties  occupying  stands  or  stalls  to  keep 465 

fixed 470 

market-masters  to  ring  bell  at  close  of. 470 

duty  of  lessees  of  stalls  and  stands  at  close  of. 470 


740 


INDEX  TO  REVISED  ORDINANCES. 


MAIMvET-lIOUSES,  auditor  to  keep  separate  account  of. 5.51 

MARKET  HOUSES  AND  PLACES,  inarket-iuasters  to  supervise..  458 

market-masters  to  have  custody  of. 4(58 

-MARKE'r-M ASTERS,  provisions  concerning 407—4(59 

authority  of,  to  fix  rules  and  reg'ulations 403 — 154 

to  enforce  certain  provisions 475 

to  post  rules  and  regulations  on  markets 403— 4G1 

to  keep  snllicient  number  of  tisli-stands 4(5(5 

may  permit  occupation  of  vacant  stands,  how 4(5(5 

to  give  receipt  for  monej^s 467 

to  account  for  moneys  received 4(57 

failing  to  account  for  mone5^s,  penalty 467 

making  excessive  charges,  penalty 467 

how  ap poi nted 467 

duties  and  powers  of 468—469,  470,  471,  473,  474—475,  476 

salary  of 314 

of  private  markets,  duties  and  powei's  of 473 

.MARKET-PLACES,  street  inspectors  to  report  nuisances  on 427 — 428 

street  inspectors  to  superintend  cleaning  of 429 

street  inspectors  to  report  certain  offenses  on 430 

depositing  tilth,  etc. , in,  penalty 430 

-MARKETRY,  vehicles  transporting,  exempt  from  tax 530 

MARKETS 1 45(5 

Avhen  to  be  open 470 

ordinance  concerning,  how  applied 473 

kiln-dried  grain,  etc. , may  be  sold  in 478 

MARKS  of  inspectors,  changing,  penalty 445 

MARSHAL  (city),  to  provide  i-ooms  for  elections 300 

to  certify  expenses  of  election 300 

to  serve  process  for  common  council 310 

salary  of. 313 

to  superintend  landing  and  shipping  of  gunpowder 366,  3(57 

to  sell  forfeited  gunpoAvder 367 

to  execute  search-AAUirrauts,  Avhen 367 

to  seize  and  sell  gunpowder,  when 367—3(58 

to  arrest  persons  violating  quarantine  regtdations 412 — 113 

to  arrest  persons  bringing  paupers  or  insane  to  city 419 

to  !iotify  mayor,  etc.,  of  insane  persons 419 

lo  take  up  hogs  running  at  large 422 

duties  of,  in  selling  hogs 422—423 

nuiy  em])loy  assistants  to  take  up  hogs 423 

to  deliver  convicts  to  superintendent  of  house  of  refuge 433 

to  i-eturn  commitments  to  clerk  of  police  court 433 

to  serve  and  return  process  to  land  commissioner 149 

to  collect  executions 450 — 45! 

1o  advertise  and  sell  propeily 451 

to  make  deeds  of  propei-ty  sold 451 

to  strike  off  imoperty  to  city,  when 451 

to  seiwe  i)rocess  in  viewing  nuisances 155 

duty  of,  concerning  gambling  device 487 — 188 


INPEX  TO  ]!EVISE1)  OEDINANCES. 


741 


M AKSII ATi  (••it y) — Co)itimied. 

to  impound  (loy;.s  found  without  collars 4di) 

to  kill  iloo's,  when 40(5 — 497 

may  ajiprove.  bail-bonds oil 

to  serve  summons 513 

to  brin^'  pi'isoners  into  court 514 

to  pay  witnesses’  fees,  when 510 

to  deliver  prisoners  for  conveyance  to  workhouse 519,  522 — 523 

how  to  be  governed  in  certain  cases 520 

to  pay  inspector  of  vehicles  one-half  certain  fines 533 

to  arrest  hawkers  without  license 588 — 589 

to  sell  hay,  coal,  and  vehicle,  when.. 595 — 596 

duty  of,  in  conveying  prisoners  to  workhouse 647 

MATERIALS,  loose,  vehicles  transporting,  how  to  be  secured. ..531 — 532 
.MATRON  OF  HOUSE  OF  REFUGE,  board  of  managers  to  a]i- 

point 432 — 133 

board  of  managers  to  fix  salary  of. 432 — 433 

term  of  offiee  of. 432 — 433 

MAXIMUM  OF  PENALTY,  when  not  fixed 344—345 

ma}^  be  recovered,  how 345 

MAYOR 479 

common  council  to  provide  for  installation  of. 287 

to  convene  common  council  as  court  of  appeals 287 

to  give  notice  of  called  sessions 288 

sergeant-at-arms  to  carry  messages  for 288 — 289 

duty  of,  on  vacancy  in  common  council 289 — 290 

power  of,  concerning  bills 290 — 294 

opinion  of,  on  interest  of  city  in  suit 295 

to  })rocure  securities  in  ai)peals 296 

maj'  rnpiire  counselor  to  report,  what 296 

may  employ  assistant  counsel,  when 296 

may  require  attorney  to  prosecute,  when 296 — 297 

to  approve  counsel  em])loyed 297 

lo  ai)point  counsel,  when 297 

to  ai)p()int  places  for  holding  eha-tions 300 

to  approve  expenses  of  elections 300 

to  give  notice  of  elections 300 — 301 

when  to  appoint  judges  of  election 301 

when  tooi-der  new  election 302 

to  be  present  at  counting  votes 302 — 303 

to  sign  certificates  of  election 303 

to  a])prov(5  securities  on  bonds 305 

to  sign  oIli(;crs’  commissions 305 

when  to  nominate  oliicers 305 — 306 

duty  of,  on  rejection  of  nomination 306 

refusing  to  nominate,  ollicer  holding  over  to  have  no  pay 306 

to  notify  president  of  common  council  befoi't;  leaving  citj^ 307 

oliicers  to  submit  books  to  ins])ection  of. 307 

may  suspend  elected  oliicers 309 

to  till  place  of  suspended  olHccr 309 


742 


INDEX  TO  REVISED  ORDINANCES. 


MAY  OR — Continued . 


notice  of  depositions  to  be  served  on 

may  remove  appointed  officers 

salary 

bids  for  contracts  to  be  opened  in  presence  of, 

to  approve  sureties  for  contracts 

violation  of  contracts  to  be  reported  to 

to  approve  appointment  of  employees  by  engineer 

employees  dismissed  with  consent  of. 

to  approve  appointment  of  superintendents  of  streets 

to  approve  bond  of  superintendents 

may  sign  petition  for  wooden  pavement 

may  order  wooden  pavement  on  certain  streets 

to  give  written  authority  in  certain  cases 

may  cause  alleys  to  be  graded  and  paved,  when 

to  appoint  chief  engineer  of  tire  department 

to  approve  bond  of  chief  engineer 

to  approve  expenses  for  fire-alarm  telegraph 

how  to  prohibit  erection  of  wooden  buildings 

may  charter  steamboat  in  case  of  fire 

to  notify  chief  engineer  of  dangerous  buildings 

may  order  dangerous  building  to  be  removed 

to  issue  search-warrant  for  gunpowder,  when 

to  appoint  fund  commissioner 

annual  settlement  of  fund  commissioner. to  be  filed  with.. 

to  direct  posts  and  ring-bolts  provided  for  vessels 

consent  of,  to  employ  special  policemen 

to  approve  bond  of  lumber-measurers 

to  appoint  wood-master 

to  approve  contracts  for  removing  wrecks 

may  direct  feny  license  to  issue 

may  revoke  ferry  license,  when 

quarantine  ph3^sician  to  notifv,  of  evasion  of  quarantine. 

ma}^  withhold  permission  to  leave  quarantine 

may  send  certain  parties  to  quarantine 

to  take  charge  of  certain  boats 

to  send  proclamation  to  certain  cities 

to  notity  county  court  of  insane  persons 

to  notify  parties  to  construct  privies,  when 

to  direct  emptying  of  privies,  when 

to  approve  regulations  for  removing  slops 

to  conti-ol  cleaning  of  streets 

to  approve  emplojnnent  of  hands  bj'  street  inspectoi's 

ma}^  commit  to  house  of  refuge 

to  reduce  testimony  against  convict  to  writing 

to  ajipoint  inspectors 

to  ap])oint  reviewers,  on  appeal  from  inspectors 

to  appoint  ins])ectors  of  hay 

deeds  to  be  acknowledged  before 

land  commissioner  to  report  to,  when 


310 

311 

312 

320 

321 

321 

322 

322 

323 

323 

328 

328 

329 

331 

349 

349 

358 

359 

..3G1— 362 

364 

364 

367 

369 

369 

376 

378 

..378—379 

381 

..383—384 

393 

393 

..411—412 

412 

413 

..413-414 

414 

419 

420 

..420—421 

426 

..426—427 

429 

434 

434 

436 

.,4.p2_4.p{ 

44-1 

451 

454 


proceedings  of,  to  open  street,  etc.,  dedicated  and  not  opened 454 


INDEX  TO  REVISED  ORDINANCES.  74:i 

l\IAYOK— 

to  appoint  d(*puty  niarsluil 455 

to  approve  rules  and  re<»‘ulations  coneerning  markets 463 

to  yrant  permits  for  meatshops 476 — 477 

to  issue  proclamation  during  prevalence  of  hydroi)liol)ia 497 

member  of  board  of  commissioners  of  emigrant  relief  fund 500 

dut}"  of,  to  notify  commissioners  elected 500 

ex  officio  president  of  board  of  commissioners 500 

to  subscribe  for  improvement  of  parks  and  squares 506 

member  of  board  of  improvements  of  parks 506 

member  of  board  of  improvements  of  Lafayette  park 506 — 507 

president  of  board  of  improvements 507 

to  designate  justice  or  councilman  to  hold  police  court 510 

to  approve  bond  of  clerk  of  police  court 511 

may  approve  bail-bonds 511 

to  open  proposals  and  award  contract  for  conveying  prisoners, 

when..., 522 

to  appoint  inspector  of  vehicles 533 

to  approve  stands  for  vehicles 535 

to  sanction  notice  of  engineer  to  street-railroad  companies  to 

repair  streets 540 

public  porters  to  obtain  certiticate  from 543 — 544 

official  acts  of,  register  to  authenticate 545 

register  to  furnish  stationeiy,  fuel,  etc.,  for 546 

register  to  pay  postage  for 547 

auditor  to  furnish  certain  information  to 555 

auditor  to  permit  examination  of  books,  etc. , by ...  555 

to  appoint  auditor’s  clerk . 555 

to  sign  city  bonds 557 

to  approve  certain  rc'quisitions  on  auditor 557—558 

to  appoint  deputy  comptroller 559 

to  approve  book-keeper  of  comptroller 559 

to  approve  checks  for  drawing  money 560 

treasurer  to  report  to,  when .560 

to  appoint  committee  to  examine  books  of  certain  oHicers...561 — 562 

to  convene  common  council  as  court  of  ai)peals .566 — .567 

to  ai)prove  employment  of  assessor’s  clerk 569 

to  employ  special  tax-attorney ,573 

to  ai)prove  pawnbroker’s  bond .577 

to  sign  licenses 587 

to  appoint  weighers  of  hay  and  stone-coal 592 

to  be  water  commissioner 609 

to  sign  water-bonds 616 

to  attest  cost  of  laying  water-i)ipe 625 

certain  proposals  to  be  opened  in  i)resence  of. 62(5 — 627 

to  appoint  register  of  water-rates (531 

to  approve  sureties  of  register  of  water-rates 631 

may  set  aside  prohibition  to  issue  licenses (541 

to  notify  i-egister  of  water-rates,  if  engaged  in  other  business..  641 

may  dismiss  or  suspend  register  of  water-rates 641 

member  of  board  of  managers  of  workhouse 646 


744 


INDEX  TO  REVISED  ORDINANCES. 


MAYOR'S  SECRETARY,  salary  of. 3T2 

how  appointed 482 

term  of  office  of. 482 

MEASURES,  provisions  concerning  inspection  of. 439 — 440 

to  be  tested  and  stamped,  when 439,  440 

failing  to  have  tested,  penalty 440 

using  without  being  tested,  penalty 440 

MEAT,  of  certain  animals,  not  to  be  sold 471 

of  certain  animals,  duties  of  market-masters  concerning 471 

not  to  be  thrown  into  market-places 471 — 472 

not  to  be  sold  to  be  eaten  in  markets 472 

fresh,  place  for  sale  of,  by  the  quarter 461,  462 

MEATSIIOPS,  provisions  concerning 476—478 

where  to  be  located : 477 

how  to  be  kept 477,  478 

to  be  under  control  of  board  of  health 477 — 478 

may  be  declared  nuisances 477 — 478 

license  for,  how  obtained 477 

license  for,  how  transferred 477—478 

who  deemed  principal  of. 478 

butchers  may  keep 478 

MECHANICS,  city  engineer  may  employ ‘ 323 

MEDICINES,  places  for  sale  of,  may  be  kept  open  on  Sunday... 489 

clerk  of  board  of  health  to  compound,  for  indigent  patients 406 

expense  of,  how  paid 406 


MEMRERS  OF  FIRU- DEPARTxMENT,  provisions  concern- 


ing. 


351,  352,  353 


MEMPHIS  PACKETS,  wharf-boat  of. 

MEMPHIS  AND  ST.  LOUIS  PACKET  COMPANY,  may 

platform 

platform  of,  to  be  used  as  landing 

platform  of,  may  be  removed,  when 

MERt'HANDlSE,  harbor-master  to  superintend  on  levee 

to  be  removed  from  wliarf,  when 

cost  of  removing,  how  paid 

harbor-master  may  sell,  when 

owners  may  receive  proceeds  of  sale  of,  how 

made  in  city,  not  to  be  sold  in  markets 

offense  of  selling  on  Sunday 

selling  without  paying  tax  on,  penalty 

MPIRCHANDISE-BROKERS,  to  procure  license 

who  declared 

MERCHANTS,  provisions  to  tax 

who  declared 

not  prohibited  from  selling  liquor 

to  make  statement  of  stock,  when 

failing  to  make  statement  of  stock,  ixmalty 

[)rohibited  IVom  employing  runners 

MElUfflANTS’  S'l'ATEMENT  OF  STOCK,  how  made 


390 

erect 

,.391—392 

392 

392 

375 

377 

,.  377 

377 

378 

473 

489 

580 

584 

.584 

..580—584 
580 


581 

583 

490 

581 


collectors  to  list 581 

to  be  delivered  to  auditor 581 


INDEX  TO  IIEYISED  ORDINANCES. 


745 


MKIUIIANTS’  TAX,  how  W.ywd  mid  collected 581 

iMERClIANTS’  TAX-lilLLS.  who  to  make  out 582 

form  of 582 

how  I'ctunied  when  not  paid 582 

failing  to  jiay,  penalty 582 

Avhen  to  be  computed  from 582 — 583 

MESSENGER,  ser^-eant-at-arms  to  employ 289 

duties  of. 289 

salary  of. 313 

METALLIC  PLATES,  register  to  funii.sh,  for  numbering  vehicles...  529 

MILITARY,  mayor  may  call  to  his  assistance,  when 480 

MILITARY  COMPANIES,  not  to  use  music  on  Sunday 480 

MILK,  vehicles  transporting’,  exempt  from  tax 530 

MILLSTUPF,  kiln-dried,  may  be  sold  in  markets 478 

MILLERS,  may  sell  kiln-dried  millstutf  in  mai’kets 478 

MINORS,  pawnbrokers  not  to  receive  pledges  from 578 

MISCELLANEOUS  PROVISIONS  concerning  treasury  depart- 
ment  1 501—563 

MISDEMEANOR,  term  defined 499 

MISDEMEANORS 482 

MISSOURI  PARK 500 

board  of  improvement  of 289 

MONEY-BROKERS,  to  procure  license 584 

who  declared 584 

MONEYS,  treasurer  to  receive  and  disburse 559 — 500 

not  to  be  used  by  treasurer 500 

MORTALITY  REPORTS,  clerk  of  board  of  health  to  publish 418 

MOTIONS,  when  to  be  made  to  recoi-der 517 

MUD,  vehicles  transporting,  how  to  be  secured 531  — 532 

MULES,  how  to  be  sold  in  markets 473 

cliief  engine(M’  of  (ire  department  may  hire  or  i)urchase 353 

MULLANPIIY  EMIGRANT-RELIEF  FUND 499 

MUSICAL  INSd'RLbMENTS,  playing  on  Sunday  prohibited 480 


N. 


NAUSEOUS  SUBSTANCES,  not  to  be  thrown  into  markets 471 — 472 


NEW  CEMETERIES,  not  to  be  established,  where 417 

NEW-LIMIT  COMMITTEES,  how  constituted 503 

to  report  concerning  improvement  of  streets 503,  501 

proceedings  upon  report  of 503 

powers  of,  on  dividing-lines  between  wards 503 

when  to  meet 503 — 504 

powers  and  duties  of 503 — 504 

to  certify  bills  for  new-limit  work 504 

NEW  LIMITS,  what  constitutes 502 

revenue  from,  to  be  kept  sei)arate 502 

what  revenue  to  be  set  apart  for  impi-ovement  of. 502 

NEW  ORLEANS  RAILROAD-PACKETS,  wharf-boat  of 390 

NINE-PIN  ALLEYS,  license  to  be  procured  for 584 


746 


INDEX  TO  REVISED  ORDINANCES. 


NINE-PIN  Continued. 

who  declared  keeper  of 585 

license  for 585 

NOISE,  disturbing  peace  hy,  offense  of 485—486 

disturbing  religious  worship  by 486 

disturbing  lawful  assemblage  by..; 486 

NOMINATIONS  FOR  OFFICE,  when  to  be  made 305—306 

duty  of  mayor,  on  rejection  of .306 

NON-RESIDENT  TRADERS,  provisions  concernino: 580 — 584 

NON-RESIDENTS,  not  to  sell  without  license .583 

not  to  sell  in  name  of  residents 584 

NORTH-LEVEE  SCALES,  located 591 

NORTH  MARKET,  provisions  concerning 460 — 463,  474—475 

located 460 

stands  for  farmers’  wagons  at 460 — 461,  474 — 175 

NORTH-MISSOURI-RAILROAD  COMMITTEE,  election  and  duties 

of 289 

NORTHERN  LINE  OF  PACKETS,  wharf-boat  of,  removed 390 

NOTICE,  of  elections,  when  to  be  given 300—301 

of  depositions  in  contesting  elections,  how  served 310 

of  dangerous  buildings,  chief  engineer  of  fire-department  to  give  363 

by  land  commissioner,  before  condemning  property 449 

further,  to  all  interested  in  benefits,  etc 449,  450 

how  issued,  attested,  and  served 449 

of  expiration  of  water  license,  to  be  given 632 

of  public  work,  what  to  contain 320 

NOTICES,  served  on  mayor,  to  be  delivered  to  counselor 481 

putting  up,  without  consent,  penalty 487 

indecent,  putting  up  or  distributing,  penalty 488 

in  police  court,  what,  to  be  served  on  city  attorney 517 

NUDITY,  parties  found  in  state  of,  in  public 487 

NUISANCES,  provisions  concerning 420 — 423 

power  of  board  of  health  to  abate 402 — 403 

expenses  in  abating,  how  paid 405 — 406 

health-ofllcer  to  report,  to  board  of  health 407 

street  inspectors  to  remove 427 — 128 

street  inspectors  to  notify  owners  of  premises  of 427,  428 

failing  to  obey  street  inspectors’  notice  to  remove 429 

to  be  removed  at  cost  of  owners  of  premises,  when 430 

not  to  be  deposited  on  wharf 385 

proceedings  of  land  commissioner,  when  alley  declared  to  be..454 — 455 
NUMBERS  FOR  VEHICLES,  register  to  furnish 529 

0. 

OATH,  city  officers  to  take 305 

who  authoriz(Hl  to  administer 308 

of  wood-master 381 

to  be  taken  by  jury  in  opening  streets 449 

to  be  taken  by  water  commissioners 609 

officers  of  board  of  water  commissioners  to  tak(‘ 611 


INDEX  TO  ]IE VISED  ORDINANCES. 


747 


OATH  OF  OFFICF,  when  mayor  to  take 480 

of  eity  engineer J510 

of  jsuperiiiUmdeiits  of  sti’eets .424 

of  operators  of  lire-alarm  Odegrapli .448  • 

OATHS,  (inaranfme  physician  nia_y  Jidminister,  when 412 

clerk  of  i)olice  court  maj"  administer ;V2() — 521 

auditor  and  comptroller  may  administer .4.44,  .457 

OATS,  standard  weight  of. 441 

jienalty  for  refusing  to  have  weighed 441 

place  for  sale  of,  at  City  market 4G2 

OBLIGATIONS  OF  CITY,  officers  not  to  deal  in 407 

OBSCENE  LANGUAGE,  disturbing  peace  by 485 

OBSTREPEROUS  CONDUCT  or  carriage,  disturbing  peace  by 48.4 

OBSTRUCTING  highways,  thoroughfares,  etc 443,  444 

OBSTRUCTIONS,  city  engineer  to  remove  from  harboi- 319 

city  engineer  to  remove  from  streets,  etc 419,  454 

harbor- master  to  remove  from  river 475 

penalty  for  refusing  to  remove 470 

Orp^AL,  penalty  for  throwing  into  market-i)laces 471 

from  houses,  how  disposed  of. 421 

vehicles  transporting,  how  secured 541 

OP’EPINDPIRS,  mayor  may  cause  to  be  arrested 480 

may  take  secret  measures  to  appreheiid 481 

OPTENSES,  affecting  public  peace 48.4 

against  public  morals  and  decency 487 

affecting  public  safety 490 

against  official  authority 498 

concerning  streets  and  private  properU^ 442 

OFFPINSIVPI  conduct,  language,  etc.,  disturbing  peace  by 485 

OFPN^IR  TO  SELL  in  market,  what  deemed  to  be 474 

OFPTCE,  tenure  of,  not  affected  by  repeal  of  oi-dinauce 294 

OP"FICP]  HOURS  of  certain  officers 408 

OFPMCER,  term  construed 415 

penalty  for  falsely  personating 498 

penalty  for  interfering  with 498 

OP'PTCPIRS,  certain,  permitted  to  carry  weapons 489 

of  common  council,  election  of. 287 

of  fire-department,  how  appointed 450,  451—452 

of  house  of  refuge,  how  appointed 442 

of  Mullanph}'  emigrant-relief  fund,  how  elected 500 

auditor  to  peianit,  to  examine  books,  etc 5.45 

comptroller  to  su])ervisc 5.40 

to  furnish  certain  information  to  cotnptroller .459 

qualifications  of 404 

when  to  be  commissioned 40.4 

to  give  bond 405 

appointment  of. 305—306 

books  of,  open  to  inspection 407 

leaving  city,  office  vacated 406 

duty  of,  to  deliver  books,  etc.,  to  succes.sor 407 


748 


INDEX  TO  REVISED  ORDINANCES. 


OFFJ  CE  J ’S — ( 'oiitimied . 

prohibited  from  dealing  in  city’s  paper 307 

to  report  amount  of  fees  received 307 

l)enalty  against,  for  violatino-  duties 307 — 308 

term  of  orlice  of 308 

duty  of,  to  assist  successors 308 

vviiat,  may  administer  oaths 308 

duty  of,  in  letting  contracts 309 

])rovisions  for  suspending  and  removing 309 

wliat,  may  appoint  deputies 311 

liability  of,  for  deputies 311 

amounts  of  bonds  of. 312 

salaries  and  compensation  of 312 — 315 

duty  of,  to  ]^ay  fees  into  ti-easury 315 

penalty  against,  for  refusing  to  carry  out  certain  ordinance 538 

water  commissioners  to  appoint 610 

OFFICIAL  ACTS  OF  MAYOR,  register  to  authenticate 5-15 

OFFICIAL  DOCLTMENTS,  register  to  prepare  and  attest 540 

OLD  LIMITS,  provisions  concerning  revenue  from 502 

OMXIBUSSES,  regulations  concerning 528 

amount  of  tax  on 528 

regulations  concerning  numbei's  of. 528 — 529 

rate  of  ftii'e  for 530—531 

card  of  rate  of  fare  to  be  posted  in 531 

to  have  lamps  at  niglit 531 

to  liave  name  of  owner  on 534 

OPENING,  in  sidewalks,  prohibited 326 

streets,  etc.,  proceedings  in 448 

OPERATORS  OF  FIRE-ALAIliAI  TELEGRAPH,  provisions  con- 
cerning..  355 — 358 

OPINIONS  on  cpiestions  of  law,  duty  of  city  counselor  to  give 295 

ORDER  in  mai-kets,  liow  enforced 468 

ORDERS  OF  BOARD  OF  HEALTH,  how  issued 402 

liealth-officer  to  see  o])eyed 407 

ORDERS  FOR  WEIGHING,  city  weighers  to  keep  book  for 602 

penalty  for  weighers  failing  to  till 602 

ORDINANCES 290 

l)assed  by  vote  of  interested  member,  void 290 

passed  over  mayor’s  veto,  how  autlienticated 290 

passed  hy  default  of  mayor,  how  authenticated 291 

duty  of  register  concerning 291,  545,  547 

liow  preserved 291 

copies  of,  to  1)0  bound  for  use  of  council 2J)1 

not  I’evised,  to  continue  in  foi'ce 291 

revised,  to  repeal  all  repugnant  provisions 291 

private  or  local,  not  alh'ctcd  by  revision 2i)l— 292 

repeal  of,  not  to  alfect  })i-evious  proceedings 292 

repeal  of,  not  to  alfect  penalties  incurred 292 

certain  words  in,  how  to  be  constiaied 292,  293 

repeal  of,  not  to  revive  cei-tain  ordinances 293 


mi)EX  TO  liEVISED  OEDINANCES. 


740 


OIIDI N ANCES— . 

irpoal  of,  not  to  nlfect  tenure  of  oflice 29:i 

title  of,  to  iiulieate  snbject-nnitter 2911 

wlien  to  take  elfeet 293 

revised,  when  deemed  to  have  passed 293 

to  be  translat(‘d 293,  294 

dut3'  of  city  counselor  to  draft 295 

concerning'  streets,  etc. , engineer  to  carry  out 319 

concerning  sewers,  sewer  committee  to  report  on 337 

for  prevention  of  fires,  etc. , chief  engineer  to  carry  out 363 

register  to  have  custody  of. 545 

register  to  cause  to  be  published  547 

register  to  keep  record  of  titles  of. 547 

provisions  for  publishing 523,  524 

concerning  waterworks,  waterworks  committee  to  report  on 623 

inspector  of  hydrants  to  report  violation  of 633 

ORDINARIES,  license  to  be  procured  for 584 

v/ho  declared  keepei-  of. 585—586 

amount  of  license  for 586 

OVERSEERS  OF  CEMETERIES,  suit  to  be  brought  against,  when  417 

OWNERS  OF  PUBTJC  SCALES,  to  file  statement  of  stock 597 

OXEN,  regulations  for  sale  of,  in  markets 473 

P. 

PACIFIC-RAILltOAD  (,'OMMITTEE.  elee(,io}i  and  diKios  of. 2S9 

PACKET-BOATS,  harbor-master  to  clear  landing  of. 375 

PACKETS,  wharfage  on 389 

wharf-boats  and  landing  of. 389—392 

PAPERS,  official,  register  to  liave  custody  of 545 

in  police  court,  clei'k  to  liave  custody  of. 521 

relating  to  contracts,  auditor  to  preserve 5.53 

PARKS  AND  PUBLIC  SQUARES .505 

PARTIES  IN  POLICE  COURT,  in  what  oialer  to  lie  tried 511 

how  dealt  with  when  arrested 513 

PARTITION-WALLS,  regulations  concei'iiing .363 

PARTRIDGES,  sale  of,  regulated 475 — 476 

PASSENGERS  in  puhlic  vehicles,  right  of,  to  examine  rate  of  fare. ..  531 

PASSENGER-TKdvETS,  for  street  i-ailroads,  price  of,  fixed 542 

duty  of  (‘ompanies  to  keep,  for  sale 542 

PATIENTS,  to  b('  reported  by  clerk  of  board  of  health 406 

at  City  hosjjital  to  be  visited,  when 408 

how  discharged  from  City  hosi)ital 409 

at  quarantine,  when  to  be  visited 410 

PAUPERS,  provisions  concerning 419 

penalty  for  bringing,  into  ciQv 419 

expense  of  removing,  from  city,  who  to  i)ay 419,  481 

mayor  and  council  committee  may  remove 481 

PAVING-STONES,  regulations  concerning 329 

penalty  for  removing,  from  wharf 388 


750 


INDEX  TO  REVISED  ORDINANCES. 


PAWNBllOKEES,  regulations  concerning 57G — 578 

who  declared 57G — 577 

to  procure  license 577 

amount  of  license  of. 577 

bond  of. 577 

duty  of,  to  keep  register  of  loans 577 

prohibited  from  receiving  pledges  from  minors 578 

prohibited  from  making  loans  at  certain  hours 578 

prohibited  from  making  loans  on  certain  articles 578 

to  report  place  of  business  to  register 578 

penalty  against,  for  violating  ordinance 578 

PAY-EOLL  ACCOUNT,  duties  of  treasurer  in  keeping 550 

PEACE,  disturbing,  penalties  against 485,  480 

PEDDLEES,  to  procure  license 584 

who  declared  to  be 584 

amount  of  license  for 586 

PENALTIES  for  breach  of  ordinance,  when  not  prescribed 490 

(See  indexes  to  the  several  ordinances.) 

PEEMITS,  to  connect  with  sewers,  regulations  concerning 337,  339 

to  use  water,  to  be  tiled  in  register’s  office 639 

to  use  streets  for  building-materials 363,  364 

PEESON,  penalty  for  indecent  exposure  of. 487 

PETITIONS,  for  improving  streets,  proceedings  of  council  upon 290 

for  grading  alleys,  etc. , to  be  preserved 331 

in  relation  to  sewers,  sewer  committee  to  report  on 337 

in  relation  to  waterworks,  waterworks  committee  to  report  on 623 

PHEASANTS,  regulations  for  sale  of. 475—476 

PHYSICIAN,  quarantine  (see  quarantine  physician), 
i-esident  at  City  hospital  (see  i-esident  physician), 

PHYSICIANS,  to  report  cases  of  small-pox  to  health-officer 403 

suit  to  be  brought  against,  for  violating  act  concerning  bills  of 

mortality 417 

duties  of,  concerning  certificates  of  death 418 

penalty  against,  for  violating  certain  ordinance 418 

PIG-IEON,  wharf  regulations  concerning 385 

PlG-l^EAD,  wbai-f  regulations  concerning 385 

PIGEON-DEOPPING,  term  defined 493 

PIPES,  conducting  water  from  eaves,  regulations  concerning 332 

for  waterworks,  sui)ei-intendent  of  waterworks  to  test 624 

regulations  concerning  la5dng  of. 626 

regulations  concerning  drilling  of. 630 

penalty  for  laying,  contrary  to  ordinance 630 — 631 

PISTOL,  penalty  for  carrying  concealed 488—489 

PITCH,  regulations  for  boiling 360 

PTiACE  OF  BUSINESS,  penalty  for  keeping  open,  on  Sunday 489 

certain,  may  be  kept  open  on  Sunday 489 

PLACE  OF  PUBLIC  EESOET,  penalty  for  employing  lewd  women 

in * 490 

PLANKS,  lumber-measun'r  to  measure 379 

expense  of  handling,  who  to  paj^ 379 


INDEX  TO  EEMSED  0]lJ)JNANCES.  ir>l 

ri.X^KS—ContuiHcd. 

liow  assorted  and  ineasurtMl 380 

liow  (dassed 380 

ro<^ulations  coiicernin;^  landin;»;  of. 380 — 38] 

'\vliarfa<;’e  on 380 

fees  for  measuring 387 

PLANS,  cMio-ineer  to  make  and  preserve 319 

for  sewers,  sewer  committee  to  supervise 337 

for  waterworks,  water  commissioners  to  submit  to  council 009 

superintendent  of  waterworks  to  make 024 

PLATED  MEAT,  ETC.,  penalty  for  selling  in  markets 471 

PLATFOPMS,  in  streets,  regnlations  concerning 325 — 320 

PLATS,  engineer  and  assessor  to  furnish  to  land  commissioner 449 

where  to  be  recorded 452 

president  of  board  of  assessors  to  make  and  correct 504,  508 

PLAT",  penalty  for  perforniing  indecent  or  lewd 487 

PLUMBERS,  to  obtain  permits  from  waterworks  department 027 

to  pay  certain  costs,  before  obtaining  permit 029 

to  report  to  register  of  water-rates 042 

regulations  concerning  license  of. 042 

PLUMBIMiS’  WORK,  regulations  concerning 027 — 031 

POISON,  penalty  for  using  to  kill  dogs 490 

POLICE,  compensation  of,  for  killing  dogs 490,  497 

POLICE,  DUTY  OF,  concerning  awning-posts 331 

concerning  vehicles  in  streets 334 

in  cases  of  tire 357 

to  as.sist  street  inspectors  and  chief  engineer 301 

concerning  paupers  and  insane  persons 419 

concerning  abandoned  or  exi)Osed  children 434 

to  assist  mayor  in  quelling  disturbances 480 

concei-ning  ice  taken  from  sink-holes 492 

concerning  dogs 495,  497 

concerning  hay  and  stone-coal 595 

concerning  Carr  square 507 

concerning  waterworks  department (527  , 034 

POLICP]  COMMISSIONERS,  consent  of,  necessary  to  enqdoy  special 

policemen 378 

POLICE  COURT 508 

by  whom  to  be  held 510 

jurisdiction  of. 510 

sessions  of,  regulated 510—511 

POLL-BOOKS,  dut}^  of  register  concerning 301 

who  may  examine 304 

PORCHES,  regulations  concerning 325 — 320 

PORK,  place  for  .sale  of,  b}”^  the  quarter 401 , 402 

provisions  concerning  inspection  of. 430—439 

classitication  of, 437 

penalty  for  intermixing  after  inspection  of. 438 — 439 

POSTERS,  penalty  for  putting  uj),  without  consent 487 

POSTS,  regulations  for  landing  of. 380—381 


752  INDEX  TO  REVISED  ORDINANCES. 

1 * ()ST8 — Contimied . 

wharfage  on 386 

fees  for  ineasurlnj^ 387 

)iow  provided  for  the  fastening-  of  vessels 376 

POULTRY,  how  stands  for  sale  of,  may  be  leased 474 

ROUND-KLERER,  duty  of,  coneerning  dogs 496 

RRArRlE-CdllCKEYS,  sale  of,  regnlated 475—476 

PRESIDENT  OF  BOARD  OF  ASSESSORS,  how  appointed 563 

(pialitications  of 563 

term  of  otlice  of. 563 

powers  and  duties  of. 564 — 565,  567 — 569 

duties  of,  in  taking  census 283 — 285 

PRESIDENT  OF  BOARD  OF  HEALTH,  election  of - 402 

PRESIDENT  OF  COMMON  COUNCIL,  how  elected 288 

to  notify  mayor  of  vacanc}"  in  council 289 

to  notify  register  of  nominations 306 

when  to  act  as  mayor 307,  481 

to  issue  subpoenas  in  cases  of  impeachment 310 

to  grant  permits  for  meatshops 476 

to  order  election  for  majmr,  when 481 

pro  tern. , election  of. 288 

PREVENTION  OF  FIRES,  provisions  concerning 358,  362 

PRINTING  (city), 523 

comptroller  to  advertise  for 523 

contracts  for,  how  awarded 524 

PRISONERS,  at  calaboose,  how  conducted  into  police  court 514 

how  conveyed  to  workhouse 522 

PRISONERS  AT  WORKHOL'SE,  duties  of  superintendent  of  work- 

house  concerning 645,  647 

sufficient  food  to  be  allowed  to 646 

labor  of. 647,  648,  649 

complaints  of. 647 

rate  of  boarding  of. 647 

may  be  put  in  irons  when  refractoiy 648 

escaping,  penalty 648 

how  confined 649 

how'  discharged 649 

intercourse  with,  regulated 649 

how  treated  when  sick 649 

may  be  committed  from  Oarondelet 651,  652 

penalty  for  rescuing 651 

PRIVATE  MARKETS,  how  regulated 473 

powers  of  market-masters  of. 473 

PRIVATE  PROPERTY,  how  condemned  for  public  use 448—454 

PRIVIES,  provisions  concerning 420 — 421 

engineer  to  construct,  when 420 

cost  of  constructing,  how  paid 420 

when  and  how  emptied 420—421,  428 

street  inspectors  may  enter 429 

board  of  health  and  health-olliccr  may  grant  permits  to  clean 428 


INDEX  TO  REVISED  ORDINANCES.  7r>Z 

r]?OCEKl)lN(j!S  OF  1^0 AIM)  OF  IIKAT/riT,  pi-oposals  for  publisli- 

in^- 

wlieii  to  be  published o24 

lunv  kept 402 

rilOCEE DINGS  OF  (XbMAION  COUNCIL,  how  kept 288 

]u-oposals  for  publishing- 523 

when  to  be  published 524 

on  petitions  for  iinproving-  streets  in  extended  new  limits 290 

PEOCESS,  before  land  commissioner,  how  issued,  attested,  and 

served 449,  455 

served  on  mayor,  to  be  delivered  to  eoimselor 481 

in  police  court,  on  whom  to  be  served 517 

how  to  be  issued  and  signed 520 

PROCESSIONS,  prohibited  from  using  music  on  Sunday 480 

PRODUCERS,  permitted  to  sell  meat  by  the  quarter 470—471 

PROFANE  LANGUAGE,  penalty  for  using 485 

PROPERTY,  liow  assessed  for  taxation 504 — 505,  500 

assessment  of,  may  be  separated 508 

PROPOSALS,  to  conve}^  prisoners  to  workhouse 522 

for  city  printing,  regulations  concerning 523 — 524 

PROVISIONS,  not  to  be  sold  after  market  hours 470 

PUBLIC  CARRIERS 525 

PLTBLIC  HIGHWAYS,  provisions  concerning 324 

how  improved 324 

engineer  to  keep  in  repair 324 

cost  of  repairing,  how  paid 325 

PUBLIC  IMPROVEMENTS,  comptroller  to  keep  register  of. 557 

l^UBLIC  INSTRUAIENTS,  register  to  authenticate 545 

PUBLIC  PLACES,  engineer  to  carry  out  ordinances  concerning 319 

penal t}'^  for  obstructing  or  incumbering 333,  334 

PUBLIC  PORTERS,  provisions  concerning 543 — 544 

register  to  issue  license  to 543 

to  wear  badges 544 

rate  of  fare  for 544 

PUBLIC  RECORD,  register  to  have  custody  of, 545 

PUBLIC  SCALES,  pi'ovisions  concerning 591 — GOO 

PUBLIC  SCHOOLS,  c(‘rtiticate  of  Aaiccination  necessary  for  ad- 
mission to 404 

PUBLIC  SEWERS,  provisions  concerning 33G — 342 

PUBLIC  SQUARES,  street  inspectors  to  superintend  cleaning  of. 429 

street  inspectors  to  report  nuisances  on 428 

duties  of  land  commissioner  in  opening 448 — 4.54 

PUBLIC  WORK,  how  let 320 

PURVEYOR,  water  commissioners  to  appoint GIO — 011 

qualitications  of. (ill 

salary  of, Oil 

PUTRID  MEAT,  ETC.,  sale  of,  in  market,  prohibited 471 

PYROTECHNIC  EXHIBITIONS,  regulations  concerning 301 

48 


75i 


INDEX  TO  REVISED  ORDINANCES. 


Q. 

sale  of,  i-e^ulated 475 — ijo 

(^rALIFK'A'l'ION'S  of  olflcers 804 — 805 

( A R.  A N4'  I N E , 1 ) ro vis  i o 1 1 s co  11  ce ni i n g 4 00 — 41 5 

(>:i-oun(ls  of,  desio'iiated 400 

liospital  estalilislied  at. 400 

certaiti  Ooals  to  touch  at 410 

persons  to  be  landed  at 41(» 

boats  to  be  detained  at 411 

boats  evading-,  penalty  414 

Tvben  persons  to  be  discharged  from 412 

penalty  for  leaving,  without  certificate 412 

pcnialty  for  violating  rules  of 412 — 418 

QUARANTINE  HOSPITAL,  bow  to  be  conducted 410 

to  be  under  control  of  board  of  bealtli 410 

QUARANTINE  PHYSICIAN,  bow  appointed 400 

tei-in  of  office  of. 409 

qualilicatioii  of 410 

to  reside  at  rpiarantine 410 

to  receive  boarding  and  washing 410 

duties  of 409,  410,  411.  412,  415 

(^UAIIANTINE  REGULATIONS,  when  to  be  in  force 414—415 


R. 


RAFTS,  not  to  land  in  front  of  waterworlcs 378 

R AILING,  fastening  animals  to 882 

injuring,  penalty  for 884 

R AILROAD  OMNIBUSSES,  tax  on 528 

rate  of  fare  for 580 

RAILROADS,  s’treet  (see  street-railroads). 

RAILS,  where  to  be  landed 380 

wliarfage  on 880 

fees  of  lumber-measurer  for  measuilng 887 

RAISED  MEAT,  ETC.,  not  to  be  sold... 471 

RATES,  of  charges  in  harbor  depai-tment,  jirovisions  concerniiig..888 — 888 

of  ferriage 894 — 895 

RATES  FOR  USE  OF  WATER  (see  appendix) 084—088 

REAL  ESTATE,  owners  of,  to  report  to  as.sessors,  when 504 

bow  to  be  assessed 504,  505 

in  ari-ears  for  taxes,  list  of  to  be  made 507 — 508 

assessment  of,  maj^  be  sejiai-ated 508 

REAL-ESTATE  BROKERS,  to  inocure  license 584 

who  declared 584 

RECEIPTS,  ti-easui-er’s,  bow  to  be  made  out 559,  500 

of  e.omi)ti-oller,  to  be  countersigned  by  registei- 502 

to  be  delivered  to  auditor 502,  508 

of  register,  to  be  countersigned  liy  comjitrollei- 508 

of  waterworks  depai-tment,  waterworks  committee  to  control 028 


INDEX  TO  l^EVTSED  ORDINANCES. 


755 


RECORD,  of  0H«-iiK‘er  (lopartiiieiit,  city  engiiiocr  to  kc^ep 1519 

of  persons  dyini^  in  hospital,  how  kept 402 

of  bnihlino-  permits,  chief  engineer  to  keep 803 — 804 

of  convicts,  superintendent  of  house  of  refng-e  to  kee]) 438 — 484 

of  proceedin<>:s  of  common  council,  clerk  of  council  to  keep 288 

of  i)roceedin^s  of  board  of  tire  eng-iiieers,  secretary  to  keep. ..849,  850 
ot  proceedings  of  board  of  managers  of  house  of  refuge,  board 

of  managers  to  keep 432,  488 

of  proceedings  in  opening  streets,  land  commissioner  to  keep 452 

public,  register  to  have  custody  of. 545 

of  titles  of  ordinances,  register  to  keep 291,  547 

of  water-licenses,  register  of  water-rates  to  keep 641 — 042 

RECOIIDER,  not  to  be  accepted  as  surety  on  bonds 305 

salary  of 813 

to  summon  and  try  certain  parties 876 

to  notify  county  court  of  insane  persons 419 

ma}^  commit  to  house  of  refuge 488 

to  reduce  certain  testimony  to  writing 484 

to  issue  warrant  on  affidavit,  etc 476 

to  try  offenders  arrested  by  warrant  of  mayor 480 

duty  of,  touching  gambling  device ‘ 487 — 188 

to  hold  police  court 510 

may  approve  bail-bonds 511 

liow  to  be  governed  in  certain  cases 520 

to  award  contracts  to  convey  prisoners  to  workhouse 522 

to  try  breach  of  bond  of  weighers 598 

RECORDS  OF  POLICE  COURT,  who  to  certify 521 

who  to  have  custody  of 521 

REFRESHMENTS,  certain,  may  be  sold  in  markets 472 

RECISTER  (city) 544 

duty  of  concerning  ordinances 291,  545 

sergeant-at-arms  to  carry  messages  for 288 

to  publish  translations 294 

to  notify  judges  of  election  of  appointmcmt 801 

to  deliver  ballot-boxes  to  judges  of  election 801 

to  count  and  certify  votes 802 

to  issue  certiticates  of  eh'ction 808 

to  deliver  certain  ordinances  to  judges 808 

not  to  be  accepted  as  surety  on  bonds 805 

to  issue  olHcers’  commissions 805 

salary  of. 818 

bonds  to  be  filed  with 841 

chief  engineer  of  lire-department  to  return  permits  to 868 — 364 

harbor-master  to  report  to 875 

to  issue  license  to  Inmber-measurers 378 

lumber- measurei-s  to  report  to 884 

wood-master  to  report  to 884 

to  issue  license  to  Alton  ])ackets 889 

to  issue  license  to  ferry-keepers 892 — 898 

may  renew  license  to  ferry-keepers 898 


75G 


INDEX  TO  REVISED  ORDINANCES. 


REGISTER  (city) — Continued. 

sexton  of  St.  Louis  cemeteiy  to  settle  with 41G 

to  notify  county  court  of  insane  persons 419 

inspector  of  weig’hts  and  measures  to  report  to 439 

inspector  of  beef  and  pork  to  report  to 442 

to  attest  all  processes  of  land  commissioner 449 

to  attest  deeds  of  property  sold 451 

copy  of  market  reg-ulations  to  be  tiled  with 4G3 

to  publish  market  regulations 4G3— 4G4 

to  furnish  blank  receipts  to  market-masters 4G7 

to  issue  licenses  for  meatshops 477 

dog-tax  to  be  paid  to 495 

fee  for  registering  dogs 495 

to  procure  metallic  plates  for  dogs 495 

to  keep  register  of  dogs 495 

to  issue  license  for  vehicles 528 

to  furnish  metallic  plates  for  numbering  vehicles 529 

duty  of,  concerning  vehicles 529 

keepers  of  livery-stables  to  report  to 530 

to  furnish  cards  of  rate  of  fare 531 

may  issue  license  to  drive  licensed  vehicles 533 

tp  number  sprinkling-carts 534 

owner  of  transfer-wagons  to  state  number  to 537 

to  record  convictions  for  violating  ordinance  concerning  public 

carriers 538 

to  refuse  license,  when 538 

to  issue  licenses  to  public  porters 543 

powers  and  duties  of. 545 — 547 

to  countersign  money-checks 5G0 

to  countersign  receipts  of  comptroller 5G2 

receipts  of,  to  be  countersigned  by  comptroller 5G3 

to  keep  account  of  delinquent  tax  bills 573 

collectors  to  report  to,  what 57G 

to  issue  licenses  in  blank 587 

to  furnish  printed  blanks  to  weighers 592,  G03 

to  issue  licenses  to  city  weighers GOO 

city  weighers  to  report  to,  when GOl 

register  of  water-rates  to  receive  blanks  from G32 

REGISTER,  of  buildings,  chief  engineer  to  report  to  council 3G4 

of  property,  president  of  board  of  assessors  to  keep 5G4 

of  weighing  done,  city  weighers  to  keep GOO — GOl 

of  weighing’,  to  be  open  to  public G02 

REGISTER  OF  WATER-RATES,  provisions  concerning G31 — G33 

salary  of. 313 

examining  committee  to  examine  books,  etc.,  of, 5G2 

examining  committee  to  settle  with 5G2 

when  to  surrender  olRce,  etc G13 

to  be  inembci’  of  waterworks  committee G23 

to  act  as  secretary  of  waterworks  committee G23 

to  make  monthly  statement G24 


INDEX  TO  KEYISEl)  OllDINANCES. 


KEG  rS'rEK  OF  W AIT.K -KATES— 

to  receive  paynieiits  for  making  attachments  to  water-pipes,  etc...  028 


to  pay  moneys  into  treasury 028 

to  see  stop-boxes  kept  in  repair 029 

to  refuse  licenses,  when 629 

to  turn  off  Avater,  when 030 

may  permit  fire-plugs  to  be  used,  Avhen 030 

how  appointed 031 

term  of  office  of 031 

liersons  desiring  water  to  apply  to 031 

general  duties  of. 631 

to  appoint  inspectors  of  hydrants 032 

to  lix  amount  of  rates  for  water 038 

may  Avithhold  license 039 

may  revoke  license 040 

may  cut  off  connection  of  water 040 

to  be  dismissed,  if  engaged  in  other  business 041 

to  have  free  access  to  premises 041 

to  keep  record  of  water  licenses 041 — 042 

to  collect  rates  from  all  persons  using  Avater 033 

REGISTKAR,  AAaiter  commissioners  to  appoint 011 

duties  of. Oil 

salary  of. 011 

ordinances  in  force  to  ajiply  to 014 

KEGULATIONS  concerning  markets 403—404,  470 — 474 

market-masters  to  enforce 408 

KEdECTED  BALLOTS,  to  be  counted  and  certified 302 

RELIGIOUS  WORSHIP,  iienalty  for  disturbing 480 

REIMOUAL  OF  OFFICERS,  provisions  for 309 

REMOV^ING  SLOPS,  ])rovisions  for 426 

REPAIRS  OF  Sd'REETS,  who  to  superintend 323 

REPEAL  of  ordinances  (see  ordinances). 

REPORTS  OF  CITY  OFFICERS,  provisions  concerning 307 

to  be  publi.shed  and  recorded 308 

REPORTS  TO  COMMON  COUNCIL,  of  auditor 561 

of  lioard  of  tire-engineers 350 

of  board  of  health 405,  408 

of  board  of  improvements  of  parks  and  sipiares 506,  507 

of  board  of  managers  of  house  of  refuge 432 

of  cLief  operator  of  tire-alarm  telegraph 356—357 

of  city  engineer 319 

of  clerk  of  police  court 521 

of  comptroller 557,  558 

of  examining  committee 562 

of  harbor-master 375 

of  inspector  of  beef  and  pork 442 

of  land  commis.sioner 448 

of  lumber-measurers 384 

of  register  of  water-rates 632 

of  sewer  committee..... 337 


758 


INDEX  TO  REVISED  ORDINANCES. 


REPORTS  TO  COMMON  Continued. 

of  superintendent  of  waterwoi-ks 021 

of  superintendent  of  workhouse 050 

of  treasurer 501 

of  water  commissioners 010 

of  wood- master 584 

RESERVOIRS,  to  be  filled  during  tires 020 

duties  of  board  of  tlre-eugiueers  concerning 350 

penalty  for  casting  anything  into 034 

RESIDENT  PHYSICIAN  at  City  hospital,  how  appointed  408 

qualitication  of. 408 

term  of  office  of. 408 

assistants  to  be  appointed  by 408 

to  reside  at  hospital 408 

general  duties  and  powers  of. 408—400 

to  receive  boarding  and  washing  at  hospital 400 

salary  of. 313 

RESIDENTS,  not  to  permit  non-residents  to  sell  in  name  of. 584 

RESIGNATION  of  councilmen,  to  whom  addressed 280 

RESOLUTIONS  OF  COMMON  COUNCIL,  duty  of  clerk  concerning  288 

register  to  have  custody  of. 545 

REVENUE 547 

from  old  and  new  limits,  to  be  distinguished 502 

certain,  set  apart  for  improvement  of  new  limits 503 

auditor  to  keep  statement  of. 554 

comptroller  to  supervise 550 

RIDING,  offenses  concerning 400 — 4i)l 

RING-BOLTS,  harbor-master  to  keep  in  repair  and  supply 375,  370 

RIOT,  powers  of  mayor  to  quell 480 

RIOTING,  penalties  against 485 

RIVER-BANK,  harbor-master  to  super\  ise 375 

ROCK,  penalty  for  blasting  without  proper  precaution 401 

ROCKETS,  regulations  concerning 301 

ROSIN,  rcgvdations  for  boiling 300 

ROUT,  powers  of  mayor  to  quell 480 

RULES  AND  REGULATIONS,  concerning  tire  department,  board 

of  tire-engineers  to  make 340,  350 

concerning  house  of  refuge,  board  of  managers  to  make 432 

concerning  markets 403,  470 

concerning  parks  and  squares 507 

for  vehicles  on  wharf,  harbor-master  to  ])ublish  375 

concerning  waterworks  depaidment,  water  commissioners  to 

publish 010 

RUNNERS,  merchants  prohibited  from  employing 400 

s. 

SALARIES,  of  city  officers  (see  appendix) 312 — 315 

officers  holding  over,  not  to  rc'ceivc 300 

officers  suspended,  not  to  receive 311 


INDEX  ^ro  inmsED  ordinances.  t.v.) 

SAl.AinKS— 

of  olliceis  Jit  house  of  r('fu<^e,  how  lixed 4;}2 

of  ollieijitina-  n'corder,  liow  i)ju(^ 510 

o(  su])ei-iiitend('nts  of  strecds 525 

of  su!)(M-iut('iideiits  of  slreet-hunps 542 

of  ji})oth(“e:i!-ies  jit  Cily  hospitjil,  liow  fixed  408 

of  clerk  of  liojird  of  heidth,  for  dispeusjuw 400 

of  ljuul  (‘omiuissioiier 515,  448 

of  deputy  city  nuirsluil  (laud  coiuiuissioner’s) 455 

of  secretai’y  of  .Mulhiuphy  eiui«’rjint-relief  fund 500 

of  inspector  of  vehicles 514,  555 

of  wei^hei'S  at  city  scales 514,  592 

of  eiH|)loyees  jit  waterworks,  how  fixed 025 

of  wood-nijister 514,  582 

of  water  conunissionei’s 009 

of  cliief  eno-iiieer  of  waterworks 010 

of  water  purveyor 611 

of  wjiter  resist  rjir 011 

SALK  OF  GOODS  by  liarbor-inaster,  provisions  concerning’ 577,  578 

SALTED  MEAT,  who  may  sell  in  markets 471 

SALUBIUTV  OF  CITY,  hoai’d  of  health  to  promote 402 

SAXITAKY  CONDFITON'  OF  CITY,  healtli-ollicer  to  supervise. ...  407 

SAUSAGE-MEAT,  who  authorized  to  sell 471 

jiemilty  for  selling,  without  license 477 

SAWING  WOOD  on  sidewjilk,  iienalty  for 554 

SCALES,  to  be  tested  Jind  stamped 459 — 140 

penalty  for  refusing  to  luive  tested 440 

inai’ket-mashu’s  to  keep 469 

of  wei^’hei’s  of  hay  and  stone-cojil,  to  be  tested 599 

city  weigh(‘rs  to  provide 600 

city  wei<'h('rs  to  cjiusi^  to  lie  tested 601 

SC  ALES  AN  1)  IV  E I G Hh:  K S 589 

SCANTLING,  to  be  mejisured  ))y  lundiei’-mejisurers 579,  580 

wliere  to  be  landed 580 

wdien  to  be  removed  from  landing’ 585 

wliarfa<;’e  on 58(! 

le(>s  for  measuring 587 

SCAVENGEil-BOATS,  Inirlior-nuister  to  clear  hinding-  for 575 

SEAL  (city),  re^ist(‘r  to  have  custody  of 545 

to  b(‘  Jitlixed  to  public  instruments 545 

(lescrijition  of 516 

to  be  accompanii'd  b}'  Jittestation  of  register 546 

SPAJRE'f  SERVK'E,  expenditures  for,  how  paid 481 

SECllEd'ARY  OF  BOARD  OF  FIRE-ENGINEERS,  who  to  jict 

as 515,  549,  556 

duties  of 549 

SECRETARY  OF  BOARD  OF  MULI.ANPIIY  EMIGRANT- 

RELIEF  FEND 500 

salary  of .500 

duties  ol. ,501 

office  hours  of 501 


760 


INDEX  TO  REVISED  ORDINANCES. 


»^ECRETAKY  OF  BOARD  OF  AYATER  COMMISSIONERS,  how 

elected 009 

SECRETARY  OF  MAYOR,  how  appointed 482 

SECURITIES,  ill  suits  of  city,  how  procured 29) 

oil  bonds,  how  approved 305 

certain  ollicers  not  to  be  accepted  as 305 

SECURITY  for  costs  in  police  court,  who  may  demand 519 — 520 

SEI.LING  PROPERTY  on  sidewalks,  offense  of. .333 

SERGEANT-AT-ARMS,  election  and  duties  of. 288 — 289 

to  employ  messenger 289 

salary  of. 313 

SERVICE-PIPE  (for  water),  regulations  concerning G2S 

SESSIONS,  of  common  council,  tixed 287,  288 

of  police  court,  regulated 510 — 511 

SEAVER  COMMITTEE,  election  of. 289,  336 

provisions  concerning 336 — 338 

engineers’  duties  in 337 — 338 

SEAA'ER  CONTRACTS,  provisions  concerning 337,  339 

SEAAER  DEPARTMENT,  what  to  embrace 336 

SEAA'ER  DISTRICTS,  how  formed 340 

SEAAMIR  FUND,  how  controlled 337,  338 

SEAA^ERS,  provisions  concerning 336—342 

making  connections  with 341,  343 

removing  offal  from 342 

city  not  liable  for  breaking  of 541 

auditor  to  keep  separate  account  of 554 

SEXTON  of  St.  Louis  cemetery,  how  emplo3'ed 415 

duties  of. 415—416 

assistant  may  be  employed 416 

SEXTONS,  suit  to  be  bi-ought  against,  for  certain  violations 417 

clerk  of  board  of  health  to  furnish  certain  blanks  to 417 

when  to  report  abstract  of  deaths 418 

failing  to  report,  penally 418 

SHADE-TREES,  how  i)lanted 326 

penal 0"  for  fastening  animals  to 332 

penalty'  for  injuring 334 

SHAVINGS,  penalty  for  burning,  in  street 3()0 

SHEPPARD  MARKET,  provisions  concerning 463 

SHINGLES,  where  to  be  landed 380— 381 

wharfage  on 386 

fees  for  measuring...  387 

SHIPPING  GUNPOWDER,  regulations  concerning 367 

SHOP,  penalty  for  keeping  open,  on  Sunday" 489 

SHOULDERS,  who  may  sell  in  markets 470—471 

SHOWS,  license  to  b('  prociu-ed  for 584 

junount  of  license  for 586 

SHUFFITl-BOARDS,  license  to  be  procunal  for 584 

who  declared  keepei-  of. 585 

Minount  of  liccn.se  for 586 

SICK  ANIMALS,  penalty  for  selling  in  markets 471 


INDEX  TO  ]{EVISED  OKDINANCES.  TGI 

SICK  PEKSONS,  lo  bo  1;uu](h1  at  (iiiaraiitiiio 410 

SIDES,  who  may  .«:oll  in  inarkot.s 471 

SIDEWALKS,  suporintendent  of  streets  to  examine H24 

en«-ineer  to  notify  parties  to  pave 1)24 

paving-  of,  by  eity,  how  paid o25 

signs  projecting  over,  penalty  for 333 

penalty  for  obstructing 333 

penalty  for  selling  merchandise  on 333 

penalty  for  throwing  coal,  etc.,  on 334 

to  be  kept  clean 334 — 335 

SIGN  OR  SIGN-BOX,  penalty  for  setting  up  impi'operly 333 

penalty  for  injuring 334 

SIGNAL-BOXES,  located 354—355 

keys  of,  how  kept 355 

penalty  for  opening  or  injuring 357 

SKIDS,  regulations  concerning 3S8 

SLAUGHTER-HOUSES,  regulations  for  keeping 421 — 422 

duties  of  street  inspectors  concerning 428 

SLEIGHS,  penalty  for  driving  without  bells 491 

SLOPS,  removing  (see  removing  slops). 

SLUNG-SHOTS.  penalty  for  carrying 48G — 487,  488 — 489 

SMALL-POX,  physicians  to  report  concerning 403 

powers  of  l)oai-d  of  health  concerning 402 — 103 

patients  with,  to  be  conlined 403 — 404 

notice  of  its  existence  to  be  given 403 

penalty  for  ])atients  with,  going  abroad 404 

SMALL- POX  HOSPITAL,  duty  of  ollicers  removing  patients  to 402 

record  of  patients  dying  in,  how  kept 402 

board  of  health  to  establish  rules  for 402 — 403 

health-officer  to  sui)erintend '. 407 

SMOKE-STACKS,  regulations  concerning 300 

SNOW,  to  be  removed  from  sidewalks 335 

SODA-ACATER,  place  for  sale  of,  may  l)e  kept  open  on  Sunday 489 

SOOT,  penally  for  throwing  into  highways 421 

SOUTH-LEVEE  SCALES,  located 591 

SPARE-RIBS,  wdio  may  sell  in  markets 470 — 471 

SPECIAL  ELECTIONS,  when  to  1)e  ordered 300,  481 — 482 

SPECIATj  policemen  on  levee,  provisions  concerning 378 

SPECIAL  TAX-ATTORNEYG  how  employed 573 

duties  of. 573—574 

to  collect  delinquent  bills  for  laying  water-pi})e 017,  025 

SPECIAL  TAX-BILLS,  for  laying  water-pipe,  city  engineer  to 

make  out 025 

r(‘glstei‘  of  Avater-rates  to  collect 025 

register  of  water-rates  to  declare  delimpient,  when 025 

sp<‘cial  tax-attorney  to  collect  delimpient 017,  025 

what  interest  to  bear 025 

SPECIAL  TAXES,  for  inqn-oA'ement  of  streets,  etm , hoAV  assessed 

and  collected 325 

for  .sewers,  how  assessed  and  collected 340 


762  INDEX  TO  REVISED  ORDINANCES. 

SPIRITUOUS  LIQUORS,  not  to  be  sold  in  nuirkets 472 

not  to  be  sold  witbont  license 574 

SPRINKLING -CARTS,  to  have  name  of  owner  on 534 

to  be  numbered 534 

SQUIBS,  not  to  be  tired  in  city 361 

STABLES,  how  to  be  kept 421 

ref^ulations  for  usin^  lio’bt  in 360 

STxMvES,  Tienalty  for  displacing- 334 

stale:  FXT  opi  grease,  not  to  be  kept 422 

STALLS,  butchers'’,  wliat  part  of  City  market  set  apart  for 462 

may  be  rented  for  sale  of  dressed  fowls 462 

STALLS  AND  STANDS,  occupying-  without  authority,  penalty  for  465 

lease  for,  not  transferable 465 

not  transferable  without  comptroller’s  consent 466 

what  rate  to  be  paid  for 466 

failing  to  be  occupied,  forfeited 473 

STANDARD  WEIIGHT  of  grains,  regulated 440—441 

when  to  be  enforced 441 

STANDING  COMMITTEES,  election  of 287,  280 

STANDS,  what  space  to  occuiiy  in  markets ..462 — 463,  474,  475 

pi-ovisions  for  leasing 464 — 467 

vehicles  occujiying.  to  have  registered  numbei-  on 528 

for  vehicles,  regulations  concerning 535 — 537 

for  vehicles,  selection  of,  how  and  when  made 535 

limitation  of,  for  vehicles 535 

for  vehicles  hauling  long  feed,  etc 536 

for  farmers’  wagons  at  North  market 461,  474 — 475 

for  larmers’  wagons  at  Center  market 474 

for  farmers’  wagons  at  City  market 4(51.  462 

{See  Stalls  ami  Stands.) 

STATEMENT  OE  CITY  ATTORNEY,  form  of 512 

when  insutlicient,  how  proceeded  on 512 

parfv  arrested  may  require,  of  city  attoriu'y 513 

STATE:MI:NT,  of  auditor  and  treasurer,  what  to  contain 561 

of  tires,  chief  engin(*er  of  lire-dejiai-tment  to  publish 364 

of  receipts  and  ('xp(aiditures,  comptrollei-  to  make; 558 

STATE:ME:NTS.  monthly,  of  tire-companies,  how  submitted 351 

how  cerliti(‘d *151 

to  be  transmitted  to  auditor 351 

quartei-ly,  of  chief  operator  of  lire-telegrai)h 356 

STATIONERY,  register  to  procure  for  certain  otlicers 516 

expenses  for,  how  ])aid 547 

STATIONS  OE  FIRE-ALARM  TELEIGRAPII,  locab'd 351—355 

STAVES,  whai-fage  on 386 

hay  bound  in,  inspeetor  to  deduct  weight  of 445 

STEAMBOAY-LANDING  to  be  extended,  when  376 

STEIAMBOATS,  not  to  land  in  front  of  waterwoi-ks 378 

to  have  pridlu-ence  in  landing 

wharfage  on 38.),  386 

landing  set  apart  for  c(‘rtain 


INDEX  TO  la^YISED  ORDINANCES.  lOn 

STE  AM  BC)  A'rS — (hntinued. 

in:iy  be  chartered  in  ease  of  lire .‘501 — 302 

chartered  by  city,  bow  paid  for 302 

chartered,  to  be  at  risk  of  city 3)02 

settin”’  adrift,  wdieii  burning- 3(32 

landing-  with  o'unpowder,  re<i'ulations  concerning 300,  307 

sliippino-  gunpowder,  reg’nlations  concerning- 307 

{See  Boats,) 

STE  AM- WHISTLES,  provisions  concerning 497 — 498 

not  to  be  used 497 — 498 

to  be  reported  by  street  inspectors 498 

STEAM,  CONDENSED,  to  be  paid  for  as  water 038 

STEFAS,  bow  far  to  extend  into  sLeets 320 

STEWARD  OF  QUARANTINE,  quarantine  physician  to  do  duty  of  410 

STINKING  fat  or  grease,  not  to  be  kept 422 

STONE-COAL,  selling  without  being  Aveighed,  penalty 594,  598 

bringing,  in  vehicles  not  stamped  with  weight 594 

vehicles  bringing,  to  be  weiglied.  when 595 

how  much  to  be  computed  a bushel 598 

vehicles  transi)orting,  free  of  tax 530 

STOP-BOXES,  not  to  be  covered  up  or  destroyed 030 

STOP-COCKS,  to  be  attached  to  hydrants 020 

regulations  concerning 029 

opening,  without  authority 034 

STORAGE,  compensation  to  inspector  of  beef  and  pork,  for 439 

STORES,  penalty  for  keeping  open  on  Sunday 489 

certain  space  allowed  to  occupants  of,  in  mai-ket 475 

STOVE-PIPES,  regulations  concerning 300 

STOVES,  how  to  be  set  iq) 300,  301 

dangerous,  chief  engineer  not  to  i)ermit 303 

STRAW,  regulations  concerning 300 

not  to  be  thrown  into  highway 121 

place  for  sale  of,  at  City  market 102 

stands  for  vehicles  hauling 530 

STREET  INSPECTORS,  salaiy  of. 313 

to  re[)ort  encroachments  on  str{*ets,  etc 320 

to  receive  certain  fees  for  rei)orting  certain  violations 320 

j)rovisions  concerning 427 — 030 

may  enter  cellars  and  other  j)laces 422 

duties  of,  conc(n-ning  nuisances 422 

to  report  carcasses  to  clerk  of  board  of  health 423 

failing  to  r(*i)ort  carcasses,  penalty 425 

to  ov(“i-.see  chaining  of  streets 420 

districts  of,  how  det(*rmined 427 

how  appointed 427 

term  of  oflice  of. 427 

qualifications  of 427 

))OW(*rs  and  duties  of 427—030 

to  ri'port  steam-whistles,  when 498 

to  select  stands  for  vehicles 535 


7G4 


INDEX  TO  llEYISED  ORDINANCES. 


ST REET  INSI^ECTOR S—  Continued . 

to  pu])lisli  stniids  selected 535 

to  enforce  ordiimnce  coiicei-niiig-  vehicles 537 

to  arrest  hawkei'S  without  license 588 — 589 

to  report  certain  violations  to  register  of  water-rates 034 

STREET  LAjNIPS,  regulations  concerning 342 — 343 

engineer  to  contract  for  lighting 342 

engineer  to  appoint  superintendent  over 342 

cost  of  liirhting,  how  paid 343 

to  have  name  of  streets  painted  on 343 

STR.EET  RAILROADS,  provisions  concerning 538—542 

rules  and  regulations  for  running  cars  on 530 

companies  to  keep  track  of,  in  good 'repair 540 

cars  of,  to  have  preference  of  ti-ack 542 

not  to  interfere  with  ti]-e-department  in  case  of  lire 541 

STREET-RAILROAD  COMPAXIES,  tax  to  be  paid  by 542 

to  rei)ort  numbei-  of  cars  run 542 

to  lile  acceptance  of  ordinance 543 

STREETS,  city  engineer  to  carry  out  ordinance  concerning 319 

city  engineer  to  superintend  opening,  etc.,  of 319 

city  engineer  to  give  grades  and  lines  of. 319 — 320 

who  to  superintend  repairing  of. 323 

how  improved 324 

improvement  of,  how  paid 324,  329 

to  be  paved  after  building  sewers 327 

to  be  repaired  after  laying  water-pipe 327 

to  be  repaired  after  laying  gas-pipe 328 

may  be  repaved  with  wooden  pavement 328 

written  authority  of  mayor  necessary  to  pave,  when 329 

obstructing  passage  of. 334 

street  inspectors  to  examine  condition  of. 427 

street  inspectors  to  report  condition  of,  to  city  engineer... 429 

street  inspectoi's  to  supervise  cleaning  of. 429 

cleaning  (see  cleaning  streets.) 

proceedings  l)etbre  land  commissioner  in  opening,  etc 448 — 454 

railroad  companies  to  keep  in  repair 540 

to  be  used  lyv  tire  department  in  case  of  lii-e 541 

STRIKING  OTHERS,  disturbing  peace  by 485 

STUDENTS  OF  MEDICINE  may  be  admitted  to  hospital 409 

board  of  health  may  suspend  pilvilege  of. 409 

ST.  LOUIS  AND  NEW  ORLEANS  railroad-packeds,  wharf-boat  of  390 

SUBPCENAS  for  witnesses,  who  to  issue  on  impeachments 310 

from  police  court,  who  ma}"  issue 513 

from  land  commissioner,  how  issued  and  served 440 

SUBSCRIPTIONS  for  improvement  of  parks  and  scpiares 500 

SUITS,  on  behalf  of  city,  comrselor  to  attend 290 

attornej'  to  attend 290 — 297 

board  of  health  may  oialer,  to  be  brought  for  tax-bills 405 — 100 

how  bi-ought  in  i)olice  court 312 

special  tax-attorney  may  bring,  when 573 


INDEX  TO  ]{EYISE1)  ORDINANCES.  705 

SUlSriMAlIV  niOOESS,  recorder  may  issue,  for  witnesses 51.'} 

8UM3IONS,  from  land  commissioner,  how  served 455 

from  police  court,  wlnm  to  be  issued 51.4 

how  served *. 514 

when  not  to  be  issued 514 

SUNDAY,  cargo  not  to  he  received  or  discharged  on 488 

nothing  to  he  sold  in  markets  on 472 

military  companies  not  to  march  to  music  on 480 

musical  instruments  not  to  be  played  in  street  on 480 

penalty  for  playing  on 489 

penalty  for  selling  goods,  etc.,  on 489 

penally  for  keeping  place  of  business  open  on 489 

penalty  for  selling  distilled  liquor  on 489 

certain  places  may  be  kept  open  on 489 

permitting  breach  of  peace  on 490 

selling  liquor  to  intoxicated  persons  on 490 

SUNKEN  BOATS,  duties  of  harbor-master  concerning 383 — 384 

SUPEBINTENDENT  OF  HOUSE  OF  KEFUGE,  how  appointed...  432 

salary  of,  how  tixed 432 

term  of  office  of,  how  tixed 432 

powers  and  duties  of 432,  433,  434 

SUPERINTENDENT  OF  WATERWORKS,  not  to  be  accepted  as 

surety  on  bonds 305 

salaiy  of 313 

to  approve  securities  for  contracts,  when 321 

sergeant-at-arms  to  carry  messagcis  for 288 

to  be  member  of  waterworks  committee 023 

to  make  monthly  statements 624 

office  of,  established 024 

how  appointed 024 

general  duties  of 024 — 025,  020,  028.  029 

may  enter  pi-emises 020 

hj’drants  leaking  to  be  reported  to 027 

to  tinish  certain  work (529 

to  charge  cost  of  certain  work  to  plumbers 029 

Avhen  to  surrender  office,  etc 014 

SUPERINTENDENT  OF  WORKHOUSE,  to  receipt  for  prisoners...  523 

not  to  be  accepted  as  surety  on  bonds 305 

salary  of 313 

provisions  concerning 045 — 052 

how  appointed 045 

term  of  ollice  of (545 

board  of  managers  to  control,  in  i)un5shing  [)risoners 048 

to  ai)point  guards 050 

to  rei)ort  to  common  council (550 

SUPERINTENDENTS  OF  SEWERS,  how  appointed 3.38 

salaries  of,  how  paid 338 

how  dismissed 338 

SUPERINTENDENTS  OF  STREETS,  salaries  of 313 

regulations  concerning 323,  324 


VG6 


INDEX  TO  REVISED  ORDINANCES. 


SUPERINTENDENTS  OF  Continued . 

how  employed • 323 

qiialiricalioiis  of. 323 

to  give  bond 323 

oath  to  be  taken  by 323 

salary  of. 323 

duties  of. 323,  324 

bow  discharged 324 

SURVEYS,  city  engineer  to  preserve 319 

SUSPENSION  OF  OFFICERS,  provisions  for 309 

SWILL,  vehicles  transporting,  bow  secured 531 

SWIMMING,  naked,  in  daytime 487 

SYNOPSIS  of  pi-oceedings  of  council,  clerk  to  publish 288 

T. 

TALLOAV,  bow  to  be  inspected 438 

TAR,  boiling  in  open  place  regulated 3G0 

TARDINESS  AT  FIRES,  bow  tiremen  punished  for 352 

TAVERN-KEEPERS,  persons  selling  in  markets,  not  to  purchase 

for 471 

TAVERNS,  provisions  concerning 574—570 

keeper  of,  who  declared .T 574 

license  for 575 

TAX,  merchants’  (see  merchants’ tax). 

TAX  on  vehicles 528 

TAX-ATTORNEY",  special  (see  special  tax-attorney). 

TAX-BILLS,  assessors  to  make  out 567 

when  to  be  delivered  to  auditor  and  collectors 507 

who  may  correct  errors  in 507 

collectors  to  keep  account  of. 570—571 

comptroller  to  give  notice  of,  when 571 

comptroller  may  sepai-ate  into  several 571 

merchants’  (see  merchants’  tax-bills), 
special  (see  special  tax-bills). 

TAX-BILLS  FOR  IVATER-PIPE,  how  made  out 010—017 

how  collected 017 

intei-est  on 017 

when  delinquent 017 

TAX-BOOKS,  to  be  open  for  inspection  of  comptroller 558 

TAX-LISTS,  auditor  may  correct  errors  in 507 

TAXES,  provisions  for  levying 570 

provisions  for  collecting 570 — 573 

])y  whom  to  be  collected 570 — 571 

foreign  insurance  companies  to  pay 588 

comptroller  to  superintend  asse.ssment  of. 558 

delinquent  (see  delinquent  taxes). 

TEAMS,  not  to  occupy  certain  places 402 

TELEGBAPII,  penalty  for  injuring 335 

TEN-PIN  ALLEY'S,  license  to  be  procur'd  for 584 


INDEX  TO  liEYlSKD  01U)1NANCE8.  7(J7 

TK X - 1 ’ I N A L L la' S— ( ''ontinHcd . 

who  (h'chirc'd  keopei'  ol’. 58  J 

ainoiiiit  ol’ lic'onst*  I’or oS.") 

'TEX-PIXS.  i)enally  for  i)layiii^  on  Sunday d8U 

TENI'KIC  OF  OEEICP],  not  all’ected  by  repeal  of  ordinance 2h:> 

''rESd’LMON  against  juveniles  committed  to  bouse  of  refuse 4-U 

TIIEATEIES.  license  to  be  procured  for 584 

amount  of  license  for 58(> 

TIIOltOUGIIEAKE,  penalty  for  obstructing 334 

boistino- aidicles  over 334 

TICKETS  (l)lank),  register  to  furnisb  weighers 592,  G03 

TIMBEll,  lumber-measurers  to  measure 379 

expense  of  bandling,  who  to  pay 379 

bow  assorted  and  measured 380 

where  to  be  landed 380 — 381 

wbarfa<?e  on 38G 

fees  for  measuring 387 

TITLE-PAPERS,  laml  commissioner  to  cause  to  be  copied,  etc 448 

TITLE  OF  OROINAXCES,  to  indicate  subject-matter 293 

TITLES,  of  city,  land  commissioner  to  ascertain 448 

TOXNAGE  OF  WATER-CRAFT,  harbor-master  to  i‘e^-ist(!r 375 

TOW-BOATS,  responsible  for  wdiarfage  of  boats  towed 38(3 

subject  to  same  regulations  as  other  boats 38G 

TRADERS  (see  non-resident  traders). 

TRANSFER-WAGONS,  re;L>’ulations  conc(M-nin^ 537 

tax  on 537 

owners  to  state  number  of,  to  re^’ister 537 

not  to  be  used  without  license 537 

TRANSTiA'riOXS  of  ordimuices  and  ])roceedini»’s,  bow'  pul)lisbed 294 

TRANSLATOR,  election  and  duties  of. 293 — 294 

TRANSPORTATION  of  j)ersons  or  pi-o])ei‘ty.  regulations  for. ...528 — 534 

TREASURER  (city),  provisions  concerning? 559 — 5G1 

to  report  to  common  council  5G1 

<?enei’al  duties  of. 55G,  557,  559 — 5G(),  5G2 

examinino-  commitb'e  to  examine  books  of. 5G2 

collectors  to  pay  moneys  to 571 

sergeant-at-arms  to  cany  nu'ssages  for 288 

not  to  be  accepted  as  surety  on  bonds 305 

salary  of. 313 

barbor-ma.ster  to  i)ay  moneys  to 375,  377 

to  ]‘ei)ort  to  com])troller  and  auditor 377 

lumber-measurers  to  pay  wbarfag<‘  to 384 

w^ood-master  to  i)ay  wdiarfage  to '. 384 

to  keej)  account  of  street-opening  fund 452 

TREASURER’S  CLERK,  bow  appointed 5(50 

duties  of 5G0 

term  of  otiice  of. 5Gl 

treasurer  lial)le  for  acts  of 5G1 

treasurer  may  require  bond  from 5G1 

salary  of. 313 


7G8  INDEX  TO  REVISED  ORDINANCES. 


TREATING  drivers  of  hay  or  coal  teams,  penalty  for 598 

TRESPASSING  on  workhouse,  penalty  for 651 

TUMULTUOUS  conductor  carriage,  penalt}^  for 485 

TURPENTINE,  regulations  for  boiling 360 


U. 


UNCLEAN  PERSONS,  to  be  landed  at  quarantine 410 

UNCLEAN  WATER,  not  to  be  conducted  into  highways 421 

UNLAWFUL  ASSEMBLAGE,  power  of  mayor  to  quell 480 

UNRULA"  ANIMALS,  penalty  for  bringing  into  markets 473 

tlNSALTED  HIDES,  not  to  be  kept  in  city,  at  certain  times... 422 

UNSEEMLY  LANGUAGE,  penalty  for  using 485 

UNSOUND  ARTICLES,  market-masters  to  seize 468 

penalty  for  selling  in  market 471 

UNLTSUAL  NOISES,  penalty  for 485 


V. 


VACANCIT,  in  common  council,  how  filled 289—290 

in  office  of  mayor,  how  filled 841 — 482 

in  city  offices,  how  filled 306 

VACCINATION,  board  of  health  to  provide  for 404 

fees  for,  how  paid 404 

physicians  to  report,  to  board  of  health 404 

certificate  of,  necessary  for  admission  to  public  schools 404 

duty  of  health-officer  concerning 407 

VACCINE  MATTER,  health-officer  to  keep 407 

VAGRANCA^,  offen.se  of,  defined 492—493 

penalty  for 494 

VAGRANTS,  who  declared 492 — 493 

VALA"ES  of  waterworks  department,  penalty  for  covering  up  or 

destroying 630 

penalty  for  opening  without  authority 634 

VARIOLOID,  penalty  for  going  abroad  with 404 

VARNISH,  regulations  for  boiling 360 

VAULTS,  under  sidewalks,  regulations  for  digging 331,  332 

penalt}"  for  leaving  open,  etc 333 

VEGETABLE  OFFAL,  penalty  for  throwing  into  market 471 

penalty  for  throwing  into  highway 421 

VEGETABLE  STANDS,  at  North  market 461 

how  much  space  to  occupy 461 — 462 

at  City  market 462 

Avhen  to  be  leased 464 

VEGETABLES,  hucksters  not  to  buy  during  market  hours 475 

penalty  for  selling  without  license 477 

VEHICLES,  regulations  concerning 528 

tax  on 

to  have  registered  number  on 529 

rates  of  fare  for 530 


INDEX  TO  l^EATSED  ORDINANCES.  769 

VE 1 1 IC^  r.ES— ued . 

rate  of  fare  to  l)e  posted  in oid 

Heeiise  to  be  procured  for o33 

name  of  owner  to  be  painted  on 334 

stands  for 335 

street  inspectors  to  select  stands  for 533 

space  at  conrt-bonse  to  be  kept  clear  of. 537 

penalty  for  cbarg’ing  excessive  tare  for 537 — 538 

reg'ulations  for,  concerning  railroad  tracks 541 — 542 

penalty  for,  o])strncting  streets,  etc 334 

liarbor-master  to  control,  on  wliarf. 375 

market-masters  to  control,  in  markets 472 

wben  to  be  i-emoved  from  markets 472 

regulations  for  driving,  in  streets 491 

YENIKES  FOR  JURIES,  of  land  commissioner,  how  served 449 

in  police  court,  how  seiwed 514 

VENISON,  sale  of,  regulated 475—476 

VERDICT  OF  JURV%  before  land  commissioner,  how  recorded 

and  certified 452 

to  be  transmitted  to  council 455 

in  police  court,  form  of. 514 

VESSELS  CARRYING  GUNPOWDER,  regulations  concerning 

landing  of. 366,  367 

{See  Boats.) 

VIOLENT  CONDUCT  or  carriage,  penalty  for, 485 

VOTERS,  when  to  elect  judges  of  elections 301 

where  to  vote 302 

change  of  ward-lines,  not  to  affect  riglits  of 607 

VOUCHERS,  auditor  to  receive  and  preserve. 553 

IV. 

WAGONERS’  STUFF,  wliarfage  on 38G 

fees  for  measuring 387 

WAGONS,  regulations  concerning 528 

tax  on 528 

to  have  i-egistered  number  on 528—529 

rate  of  fare  for 531 

name  of  owner  to  l)e  painted  on 534 

butchers’,  place  for,  at  City  market 462 

at  Center  market 474 

mai-ket-masters  to  assign  place  for 468 

WAI,LS,  regulations  concerning 363 

WARDS 604 

boundary  lines  of. 604—006 

WARES,  manufactured  in  city,  not  to  be  sold  in  markets 473 

penalty  for  selling,  without  paying  tax 580 

harbor-reguIatioAs  concerning 377 

WARRANTS,  powers  of  mayor  to  issue 480 

not  to  issue  against  parties  arrested 513 

49 


770  INDEX  TO  REVISED  ORDINANCES. 

WARRANTS  (city),  provisions  concerning 553—555 

to  be  countersigned  by  comptroller 557 

treasurer  to  keep  register  of,  when  paid 560 

examining  committee  to  destroy 562 

WASHING,  Jiaked,  in  daytime,  offense  of. 487 

WASHINGTON  SQUARE,  board  of  improvement  of,  how  elect- 
ed  281),  506 

WATER,  penalty  for  conducting,  into  highways 421 

wlio  to  shut  olf  or  let  on 630 

how  obtained 631 

inspectors  to  report  waste  of. 633 

inspectors  to  report  persons  using,  without  license 633 

penalt}"  for  using,  for  purposes  not  licensed 634 

penalty  for  permitting  use  of,  without  license 634 

penalty  for  using,  without  license.. 634 

penalty  for  letting  on  or  shutting  off. 634 

rates  for  use  of  (see  appendix) 634 — 638 

obtained  from  condensed  steam,  to  be  paid  for 638 

obtained  from  gutters,  to  be  paid  for 638 

rate  of,  when  to  be  tixed  by  register  of  water-rates 638 

WATER-CLOSET,  penalty  for  permitting  to  rim  to  waste 630 — 631 

W ATER- COMMISSIONERS 607 

board  of,  established 608—009 

salary  of 609 

bond  of. 609 

(lualitications  of. 609 

oath  to  be  taken  by 609 

when  to  organize 609 

where  to  do  business 609 

. general  powers  and  duties  of. 609 — 610 

regulations  concerning  contracts  of 611 — 612 

to  keep  record  of  accounts,  etc 613 

subject  to  certain  ordinances 614 

. may  jirovide  water-meters 614 — 615 

to  report  to  comptroller 615 

duties  of,  in  purchasing  lands 618 

WATER-CRAFT,  carrying  gunpowder,  regulations  concerning.366,  367 

harbor-master  to  direct  stationing  of 374 

arrival  and  dei>arture  of,  to  be  registered 375 

how  to  be  fastened •176 

not  to  be  landed  in  front  of  waterworks ^178 

name  to  be  ])ainted  on 'IS- 

WATER-METERS,  water  commissioners  may  provide 614 — 615 

l)rovisions  concerning 637 — 638 

WATER-PIPES,  cost  of,  how  assessed 616—618,  (525—626 

city  not  liable  for  damages  from  breaking  of 541 

regulations  for  making  connections  with 3-13—34-1 

WATER-PURVEYOR  (see  purveyor). 

WATER-RATES,  iirovisions  concerning 633—638 

register  of  water-rates  to  collect 632 

' {See . Appendix .) 


INDEX  TO  REVISED  ORDINANCES.  771 

VVA^lCR-RATES  OFEICP] G.'il 

W ATE R -REO IS'J'R  AR  (seo  registrar) . 

AVATERWORKS,  to  be  iiiuler  cliarge  of  water  commissioners G09 

water  commissioners  to  submit  plan  for G09 

auditor  to  keep  separate  account  of. 554.  G23 

waterworks  coinmittee  to  take  cognizance  of. G23 

ordimmcc  concerning,  subject  to  ordinance  concerning  water 

commissioners 642 

water-craft  not  to  land  in  front  of. 378 

>VATERWORKS  COMMITTEE,  election  of 289,  622— G23 

to  have  control  of  waterworks G22 

when  to  meet 623 

register  of  water-rates  to  be  secretary  of. 623 

general  duties  of. ^ 623,  624,  626,  627,  632 

WATERWORKS  DEPARTMENT  619 

WATER  WORKS-EXTENSION  FUND,  what  to  constitute 615 

how  deposited 616 

what  to  be  credited  and  charged  to ! 614,  615 

WEIGHERS  AT  CITY  SCALES,  register  to  furnish  blanks  to 592 

salaries  of. 314,  592 

WEIGHERS,  city  (see  city  weighers) . 

WEIGHERS  OF  HAY  AND  STONE-COAL,  how  appointed 592 

what  deemed  breach  of  bond  of. 592 — 594 

penalty  for  breach  of  bond  of. 594 

fees  of. 596—597,  603 

duties  of 597—598,  603 

penalty  for  interfering  with 599 

scales  of,  to  be  tested 439,  599 

register  to  furnish  blanks  to 546 

WEIGHING,  by  city  weighers,  fees  for (iOI — 602 

by  market-masters,  fees  for 469 

by  weighers  of  hay  and  stone-coal,  fees  for 596 

WEIGHT  of  articles  in  markets,  market-masters  to  examine 468 

^V'E1G^TS,  to  be  tested  and  stam])ed 439 — 440 

penalty  for  refusing  to  have  tested 440 

regulations  concerning  use  of. 440  , 442 

WEIGHTS  AND  MEASURES,  provisions  for  iiis})ection  of. 439 

WHARF,  duties  of  harbor-master  concerning 374—375 

articles  landed  on,  when  to  be  removed 385 

nuisances,  etc.,  prohibited  on 385 

lire  wood  not  to  be  placed  on  paved  portion  of. 381 

baled  hemp,  when  to  be  removed  from 368 

proceedings  to  open,  etc 448,  454 

auditor  to  keep  separate  account  of. 554 

WHARFAGE,  harbor-master  to  report  to  register 375 

of  firewood,  rate  of. 381 

on  boats,  rates  of. 385 

on  wharf-boats,  rates  of. 389 

W llARF-ROATS,  regulations  concerning 389 

rates  of  wharfage  for 389 


772 


INDEX  TO  REVISED  ORDINANCES. 


Wl  I ARF-BO  ATS— . 

lire-re»-nlatioiis  concerning: 3G2 

{See  Packets.) 

VVniARF  FUND,  certain  moneys  to  be  credited  to 377 

WHPFVT  AND  GRAINS,  standard  weigiit  of. 440 

WriEETJI ARROW,  penalty  foi*  trundling  on  sidewalk 326 

WIGGINS  FERRA"  COMPANY,  provisions  concerning  license  of....  395 

WILD  BUCKS,  sale  of,  regulated 475 — 476 

WILD  GAME,  place  for  sale  of,  at  North  market 461 

may  be  sold  in  market 471 

liow  stands  for  sale  of,  may  be  leased 474 

provisions  concerning  sale  of. 475 — 176 

WILD  TURKEYS,  sale  of,  regulated 475—476 

WINDOAVS,  not  to  extend  on  sidewalks 32^ 

WINE,  not  to  be  sold  without  license 574 

merchants’  tax  for,  not  to  authorize  sale  of,  b}' the  glass 583 

WINNING,  at  gaming,  i)enalty  for 487 — 488 

WIRES  OF  FIRE-ALARM  TELEGRAPH,  penalty  for  injuring 357 

WITNESSES,  how  subpoenaed  in  impeachment  cases 310 

fees  of,  before  common  council 311 

in  police  court,  provisions  concerning 515 — 516 

ICOOD,  penalty  for  furnishing  less  than  stated  in  ticket 382 

not  to  be  landed  on  wharf,  except 383 

vehicles  hauling,  exempt  from  tax 530 

weighers  of  haj'  and  stone-coal  to  measure 598,  602 

WOOD-BOATS,  names  to  be  painted  on 382 — 383 

exempt  from  wharfage 386 

when  to  be  removed  from  landing 386 

WOOD-CARTS,  regulations  eoncerning  stands  of. 535,  536 

WOOD- MASTER,  how  appointed 381 

oath  of. 381 

bond  of. 381 

term  of  office  of 381 

powers  and  duties  of. 381 — 382,  384,  387 

lees  oh 381—382 

salary  of 314,  382 

to  report  to  register 384 

penalty  for  refusing  to  obey  directions  of 384—385,  387 

to  keep  sufficient  deputies 387 

})rohibited  from  tlealing  in  certain  ai  ticles 387 

WOOD-YARDS,  provisions  concerning 603 

keepers  of,  to  furnish  tickets  to  purchasers 382 

WOODCOCKS,  sale  of,  regulated 175—476 

WOODEN  BUILDINGS,  provisions  concerning 358—359 

WOODEN  PAVEMENT,  what  streets  to  be  paved  with 328 

cost  of,  how  paid 328—329 

penalty  for  building  lire  on 314 

WORKHOUSE,  health-officer  to  treat  sick  pilsoners  in 407 


INDEX  TO  DEVISED  ORDINANCES.  773 

WOK  K I lOUSE— 

Avliut  to  embrace (j44 

siiperiiitentleiit  of. 045 

clerk  of. 045 

board  of  maiiao'ers  of 040 

WORKHOUSE  FUND,  work  of  prisoners  to  be  placed  to  credit  of...  050 

WRECKS  OF  BOATS,  duty  of  liarbor-ma.ster  concerning- 383 — 384 

WRIT  OF  EEROR,  counselor  may  take 200 

city  attorney  may  take 207 

Y.  ■ 

YARDS,  chief  engineer  may  enter 303 

street  inspectors  may  enter 420 


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